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 Gladstone 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.
What Qualifies as a Catastrophic Injury?
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:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries resulting in partial or full paralysis
- Severe burn injuries
- Amputations or loss of limbs
- Loss of sight or hearing
- Multiple fractures requiring extensive surgeries
- Internal organ damage
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.
Common Causes of Catastrophic Injuries in Gladstone
Catastrophic injuries can occur in a wide range of scenarios. Here are examples of common causes of this severe form of harm:
- Motor vehicle collisions: High-speed accidents—particularly those involving trucks, motorcycles, or distracted drivers—are a frequent source of catastrophic harm.
- Workplace accidents: Especially in industries like construction, agriculture, and manufacturing, workers may suffer severe injuries due to unsafe equipment, falls, or exposure to hazardous materials.
- Falls: Slip and fall accidents can lead to traumatic brain or spinal injuries, especially when they occur on hard surfaces or from a significant height.
- Medical malpractice: Surgical errors, anesthesia mistakes, or misdiagnosis can result in long-lasting complications.
- Defective products: Malfunctioning consumer goods, industrial machinery, or auto parts can lead to injury when they fail during use.
- Violence or criminal acts: Assaults or other violent actions can also lead to catastrophic 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.
Contact our Kansas city personal injury lawyers now.
Missouri Fault Laws and Comparative Negligence
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.
Statute of Limitations in Missouri
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.
Economic and Non-Economic Damages
Catastrophic injury claims 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.
Economic Damages
These refer to tangible financial losses, such as:
- Medical expenses, both past and future
- Rehabilitation and therapy costs
- Lost income and diminished earning capacity
- Cost of in-home care or long-term facilities
- Medical equipment or home modification expenses
Non-Economic Damages
These are more subjective and relate to the emotional and psychological toll of the injury. Here are some examples:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement or permanent scarring
- Loss of companionship or consortium in some cases
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.
Punitive Damages
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.
Contact Our Gladstone Catastrophic Injury Lawyers for Help Today
A catastrophic injury can change your life forever, but a catastrophic injury 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.
