Getting in touch with a lawyer for assistance with filing an injury claim is a fairly simple process. However, this can become much more difficult for victims who have suffered a catastrophic injury which may have rendered them unable to get in touch with an attorney. If you are someone who has limited mobility, but wishes to file a compensation claim for your injuries, learn more about contacting a Brooklyn catastrophic injury attorney. A skilled injury lawyer could work with you to get you the compensation you deserve.
If the injured party does not have the capacity to reach out to a lawyer, their loved ones can reach out on their behalf. A lawyer would be able to meet with the injured party, as well as the loved ones, and get started on the case right away.
In certain circumstances, if the injured person is incapacitated and cannot sign a legal document or understand that a lawyer may be handling the case, the lawyer would have to move the court to appoint the guardian ad litem. This allows the judge to appoint a guardian for the incapacitated individual to allow the case to move forward without delay. The only thing that is required is the doctor’s affidavit stating that the individual is not capable of making a legal decision because of their severe injury.
There is a fine line that defines incapacitation. Under the New York law, it determines whether a person has the ability to make legal decisions for themselves. Capacity refers to whether they understand what is happening, whether they understand that a lawyer may bring a case for them, or that a lawyer is bringing a lawsuit in order to recover compensation whether they can participate in the process. A doctor usually makes that judgment call.
One of the unique aspects of catastrophic injury cases would be that the injury is tremendous, so the damages are much larger in catastrophic injury cases than they would be in another type of case. The amount could be millions of dollars in damages.
But along with the damages, the liability is also very important because in New York, in many of the trial court venues, there is a separate trial for the liability, and the liability just answers the question of who is at fault. After liability is determined, there is still another trial for damages, meaning how much to award for compensation to this injured individual.
In some cases, the defense may be unable to disprove the victim’s injuries because they are so severe. If that is the case, then the defense may focus their attention on disproving the liability. For example, in a truck accident case, they may have an accident reconstruction expert or truck driver testify that the individual changed lanes into the truck and it was nothing the truck driver can do.
It is very important to have a trustworthy lawyer in these situations because a person would really need somebody that a person can stay in contact with, that could help them, and always be available for questions. They also would need somebody who has done these kinds of cases before so that they could make sure to claim all of the different types of damages that they would be entitled to, including the pain and suffering. They also need someone to coordinate their medical care so that as an injured individual, they would be able to go to the best doctors.
When hiring an attorney, it is recommended to hire a lawyer who has experience in dealing with these types of cases. When contacting a Brooklyn catastrophic injury attorney, be sure to ask about previous verdicts and settlements to find out the results they have achieved. A Brooklyn injury lawyer is also available to answer any questions you have about your case or about the potential need for a trial.