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How to Prove Liability in Utah Catastrophic Injury Cases

Accidents directly caused by the recklessness of another usually result in some severity of injury. This can range depending on many factors, including the level of recklessness, the amount of liability of both parties, and the type of accident. A slip and fall usually won’t have the same impact as a drunk-driving accident, though every situation and circumstance is different. 

When the injuries are particularly bad, long-lasting, and physically devastating, the injury case can be identified as catastrophic. When you have been the victim of a catastrophic injury case, it is vital you get in contact with an attorney as soon as you can. Catastrophic injuries can alter the way you live your life, which can come with costly rehabilitation therapy services, possible career changes, and more. An attorney can help you get the compensation you need to resume to start anew and begin to move forward. 

What Legally Qualifies as a Catastrophic Injury Case? 

In Utah, a catastrophic injury is commonly defined as an injury that has one or more of the following qualifiers: 

  • Permanent disability, whether it’s mental or physical
  • Incapacitation
  • Irreversible damage to the central nervous system, causing paralysis
  • The need for severe cosmetic and restorative surgeries
  • The loss of the ability to resume regular work and everyday activities

Wrongful death claims can also be filed under a catastrophic injury, in which case the surviving family must file on behalf of the victim. 

How a Personal Injury Lawyer Will Prove Liability

When you have been the victim of a catastrophic injury, you are likely in need of higher amounts of compensation. Severe injuries like paralysis, brain trauma, and the loss of function of an essential body part can prohibit you from resuming your life as it was before. This can mean a major change in career or possibly the inability to resume work at all. To begin the fight for adequate compensation, your lawyer will need to do the following to demonstrate you have been a victim of catastrophic injury: 

  • Gather evidence: Evidence will need to be collected and assessed to prove that not only is the at-fault party liable for your injuries but that their direct breach of care resulted in catastrophic harm. 
  • Prove a standard of care was breached: The standard of care owed to all people is the expectation that you adhere to rules. For example, when driving, it is pertinent you do not do so while intoxicated. Breaching this care is a negligent action and can result in the direct injury of another. 

After liability has been adequately demonstrated, the victim of the catastrophic injury is eligible to receive economic and noneconomic damages. For cases where the at-fault party is shown to have been willingly or knowingly reckless, the victim may also receive punitive damages. These damages are not correlated to the sustained catastrophic injuries but are a penalty for the at-fault party’s willful breach of care. 

Contact Our Utah Catastrophic Injury Team Today

Feller & Wendt has the sensitivity and compassion needed to handle cases where catastrophic injury has occurred. We are ready to use our many years of experience to get you the damages necessary to start over. We understand that, in cases where the victim has experienced permanent or disabling harm, compensation is sometimes the only viable route to actually move forward. We put our client’s needs first and will fight for every single penny. 

To start the process today, schedule a free consultation by calling our Utah office at (801) 499-5060 or filling out a contact form.

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