If you or a loved one has suffered a catastrophic injury in Kansas City, Missouri, you need a dedicated and experienced lawyer who understands the gravity of your situation. At Goodwin Johnston LLC, we're dedicated to representing individuals who have sustained life-altering injuries due to accidents, negligence, or misconduct.
With a deep commitment to fighting for compensation for your medical expenses, lost wages, pain, and suffering, our Kansas City catastrophic injury attorneys bring both experience and compassion to every case. Let our firm advocate for your rights while you focus on your recovery.
What Is Considered a Catastrophic Injury?
Catastrophic injuries are those that lead to permanent or life-altering damage, significantly affecting the victim's quality of life. These types of injuries can result from a variety of accidents, including motor vehicle crashes, slip-and-fall incidents, workplace accidents, and medical malpractice.
They often involve damage to the brain, spinal cord, limbs, or other vital systems of the body. Some common types of catastrophic injuries include:
Traumatic brain injuries (TBI): These injuries result from a sudden blow or jolt to the head, causing damage to the brain. They can range from mild concussions to severe brain trauma, leading to long-term cognitive, emotional, and physical impairment.
Spinal cord injuries: Injuries to the spinal cord can result in paralysis, either partial or complete, affecting a person’s mobility and sensation. These injuries can cause life-long challenges, including the need for ongoing medical care, personal assistance, and costly accommodations.
Severe burns: Burns that cover large portions of the body or cause damage to internal organs can have life-changing consequences. Victims may face extensive surgeries, including skin grafts and reconstructive surgery, as well as long-term rehabilitation.
Amputations: When a limb or part of a limb is lost due to injury, it results in permanent disability. Prosthetics, physical therapy, and significant adjustments to daily life are often required after such injuries.
Multiple fractures and disfigurement: Severe fractures, especially those that impact the skull, face, or pelvis, can result in permanent disability, chronic pain, or significant cosmetic disfigurement. Victims may require surgeries, rehabilitation, and ongoing treatment.
Organ damage: Injuries that cause damage to vital organs, such as the heart, lungs, liver, or kidneys, can have catastrophic and life-threatening consequences. These injuries may require transplants or long-term medical treatment.
If you've sustained a serious injury, it's in your best interest to work with a catastrophic injuries attorney in Kansas City, Missouri, to fight for compensation. However, before you can file your claim, there are a few elements to consider.
You Deserve Justice
What Are the Key Elements in a Catastrophic Injury Lawsuit?
For a plaintiff to succeed in a personal injury lawsuit, they typically need to establish certain elements with the help of their catastrophic injuries attorney in Kansas City, Missouri:
Duty of care: The defendant must owe a legal duty of care to the plaintiff. In cases of negligence, for example, a driver owes a duty to other road users to drive safely and avoid accidents.
Breach of duty: The defendant must have breached their duty of care. In a car accident case, for instance, a defendant may breach their duty by texting while driving or running a red light.
Causation: The plaintiff must prove that the defendant’s actions were the direct cause of the injury. This requires showing that the injury wouldn't have occurred but for the defendant’s actions.
Damages: Finally, the plaintiff must demonstrate that they suffered actual damages. This includes both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.
In cases of catastrophic injuries, the stakes are higher because the damages can be substantial. The injury may result in ongoing medical costs, a lifetime of care, and lost earning potential. As a result, these cases often require extensive evidence.
Reviewing the key elements of a catastrophic injury lawsuit is essential for building a strong case, but it's equally important to consider how Missouri's Comparative Fault Rule may impact your claim.
Missouri's Comparative Fault Rule
Under Missouri’s modified comparative fault rule (Section 537.765), a plaintiff can still recover damages even if they're partially at fault for the accident. However, their recovery will be reduced in proportion to their percentage of fault.
For example, if the plaintiff is found to be 30% at fault for an accident, and their total damages are $1 million, they would recover $700,000 (after subtracting their 30% share of fault). If the plaintiff is found to be more than 50% at fault, they're barred from recovering any damages.
This rule is particularly important in catastrophic injury cases, where multiple parties may be involved in the incident (e.g., both drivers in a car crash, or a defective product manufacturer and the victim). The rule also gives plaintiffs the ability to argue for compensation to help cover damages even if they're partially at fault.
Damages in Catastrophic Injury Cases
In Missouri, you can seek compensation for many different types of damages with the help of a catastrophic injuries attorney in Kansas City, Missouri, like Attorney Andrew Goodwin and Attorney Matthew Johnston.
Some damages that may be awarded include:
1. Economic Damages
Economic damages are intended to provide the victim with compensation for their out-of-pocket losses, including:
Medical expenses: This includes current and future medical costs related to the injury, such as hospital stays, surgeries, doctor’s visits, rehabilitation, and the cost of medical equipment or home modifications.
Lost wages: If the victim is unable to return to work due to their injury, they can claim compensation for lost earnings, both in the past and for the future.
Loss of earning capacity: In catastrophic injury cases, the victim may never be able to return to their prior occupation or may only be able to work in a reduced capacity. Compensation for loss of earning potential is calculated based on the individual’s prior salary and how the injury impacts their future employment prospects.
While economic damages provide compensation for tangible financial losses, non-economic damages address the more subjective and intangible impacts of a catastrophic injury, such as pain and emotional suffering.
Non-Economic Damages
Non-economic damages compensate for intangible losses, such as:
Pain and suffering: Catastrophic injuries often result in chronic pain and suffering. Non-economic damages compensate the victim for the physical pain and emotional distress they experience as a result of the injury.
Emotional distress and mental anguish: In some cases, a victim’s catastrophic injury can cause significant psychological harm, including anxiety, depression, and post-traumatic stress disorder (PTSD). These damages are meant to address the emotional toll of the injury.
Loss of consortium: If the injury severely impacts the victim’s relationships with their spouse or family, they may be entitled to compensation for the loss of companionship, affection, and intimacy.
In addition to compensating for pain and suffering, punitive damages may also be awarded in certain cases to punish particularly egregious behavior and deter similar conduct in the future.
Punitive Damages
In cases where the defendant's actions were grossly negligent or malicious (e.g., a drunk driver causing a catastrophic crash), punitive damages may be awarded in addition to economic and non-economic damages.
Missouri limits punitive damages in personal injury cases to either five times the total amount of compensatory damages or $500,000, whichever is greater (Section 510.265 of the Missouri Revised Statutes). However, this limit doesn't apply in cases of intentional torts.
It's also important to note that if you plan to file a claim to fight for compensatory damages, you have a limited time frame to do so.
Statute of Limitations for Catastrophic Injury Cases in Missouri
In Missouri, the statute of limitations for personal injury lawsuits is generally five years from the date of the injury (Section 516.120). This means that individuals who suffer catastrophic injuries have five years to file a lawsuit against the responsible party.
It's important for victims to act quickly because evidence may deteriorate over time, and the longer one waits, the harder it may be to prove their case. In some cases, such as medical malpractice, the statute of limitations may be shorter, so it's essential to consult with an attorney as soon as possible.
In Missouri, personal injury law provides a way for victims who've suffered catastrophic injuries to pursue justice and fight for financial compensation for their medical expenses, lost wages, pain and suffering, and more.
Given the complicated nature of these cases, it's crucial for victims to seek legal representation from experienced catastrophic injuries attorney in Kansas City, Missouri, who understands the nuances of Missouri’s laws and can help guide them through the legal process.
Contact Goodwin Johnston LLC Today
Our catastrophic injuries attorney in Kansas City, Missouri, serves clients throughout Missouri, including Kansas City, St. Joseph, Springfield, Columbia, and St. Louis; and we serve clients in Kansas, including Kansas City, Lawrence, Manhattan, Wichita, and Topeka. Contact us at Goodwin Johnston LLC today to schedule a consultation.