Did you or a loved one suffer a catastrophic injury due to someone else’s negligence? These life-altering injuries—such as brain trauma, spinal cord damage, or severe burns—can lead to permanent disability, emotional trauma, and overwhelming financial burdens.
While the path forward may feel uncertain, you don’t have to walk it alone. Rather than go through everything by yourself, reach out to a catastrophic injury lawyer in Gladstone. Your personal injury lawyer can help you fight for the justice you’re owed.
With Foster Wallace Personal Injury Lawyers by your side, you can trust that your attorney is working toward a favorable outcome on your behalf. We’ve recovered over $1 billion in compensation, and we’re here to help.
While Missouri law does not provide a single statutory definition for “catastrophic injury,” the term is generally used to describe injuries that result in long-term or permanent disability. These include, but are not limited to, the following:
A catastrophic injury’s impact often extends beyond medical challenges. Victims may require lifelong care, home modifications, mobility aids, or vocational rehabilitation. In many cases, they are no longer able to return to work, which adds to the financial burden on the individual and their family.
Catastrophic injuries can occur in a wide range of scenarios. Here are examples of common causes of this severe form of harm:
Each of these incidents has its own standards of proof, legal timelines, and potential defendants, making a strong understanding of the legal framework a must. Our Gladstone catastrophic attorneys at Foster Wallace can help you further understand what to expect.
Missouri follows the doctrine of pure comparative negligence when it comes to determining fault in personal injury cases. This means that a victim can still recover compensation even if they are partially at fault for the incident.
However, any financial recovery that they can receive will be reduced by their percentage of fault. This rule can become especially important in catastrophic injury cases where damages reach high dollar values.
Insurance companies and defense teams often attempt to shift blame onto the victim to reduce their own liability. However, your Gladstone catastrophic lawyers can advocate for your rights and defend you against these predatory practices.
Missouri law places strict deadlines on how long a person has to file a personal injury claim. According to RSMo § 516.120, the general statute of limitations for personal injury lawsuits in Missouri is five years from the date of the event that caused your injuries.
However, some exceptions exist. For starters, medical malpractice claims must generally be filed within two years of the date the injury was discovered. Meanwhile, claims against government entities have special procedures and shorter deadlines.
More specifically, according to the Missouri Tort Claims Act, notice must often be given within 90 days. Failing to file within the applicable statute of limitations can bar a person from recovering any compensation, regardless of the severity of their injuries.
Catastrophic injury claims in Gladstone often involve significant financial losses due to the nature of the injury. In Missouri, injured individuals may be entitled to recover both economic and non-economic damages. Here’s a look at these two forms of compensation.
These refer to tangible financial losses, such as:
These are more subjective and relate to the emotional and psychological toll of the injury. Here are some examples:
In catastrophic injury cases, both types of damages tend to be substantial. While Missouri does not cap damages in most personal injury cases, caps do exist for medical malpractice claims, which are adjusted annually for inflation.
In rare cases involving egregious or intentional misconduct, punitive damages may also be awarded. These are not designed to compensate the victim but rather to punish the wrongdoer and deter them from engaging in similar conduct.
Missouri law requires clear and convincing evidence of malicious intent or reckless disregard for the safety of others to justify punitive damages. Moreover, Missouri imposes a cap on punitive damages.
A catastrophic injury can change your life forever, but our law firm can represent you. At Foster Wallace, our catastrophic injury attorneys in Gladstone are here to fight for your right to seek justice.
We bring 45 years of combined experience to your case, along with a steadfast commitment to helping you recover the compensation you deserve. Call us now to get started.
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