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What Are the Common Challenges in Catastrophic Injury Cases in California?Â
Catastrophic injuries can instantly change a person’s life, bringing significant physical, emotional and financial burdens. These injuries, such as traumatic brain injuries, spinal cord damage or severe burns, often require extensive medical treatment and may lead to permanent disability. For victims and their families, seeking compensation is a crucial step toward rebuilding their lives. Unfortunately, navigating the legal system in catastrophic injury cases presents many challenges.
At the Law Office of Scott Righthand, P.C., our experienced team is dedicated to helping victims overcome these hurdles and secure the justice they deserve. Below, we discuss some of the key challenges victims face and how they can impact a case.Â
1. Assumption of Risk
One common defense in catastrophic injury cases is the “assumption of risk” argument. Defendants may argue that the victim voluntarily engaged in an activity knowing the potential dangers. For instance, if the injury occurred during a recreational activity, such as rock climbing or skiing, the defense might claim the victim understood and accepted the risks involved.Â
While this argument can be powerful, it is not always valid. If a defendant’s behavior was reckless or went beyond the ordinary risks of the activity, the defense loses credibility. Your attorney will gather evidence to demonstrate any gross negligence on the defendant’s part so you are not unfairly blamed for your injuries.Â
2. Denying Causation
Another challenge arises when defendants deny that their actions caused the injury. They may argue that the injuries resulted from a pre-existing condition or an unrelated event. For example, in a slip-and-fall case, the defense might claim that the victim’s injuries stem from an old medical condition rather than the fall.Â
Proving causation is critical to winning a case. Our attorneys work diligently to collect and present evidence that links the defendant’s negligent actions directly to the injury. This includes medical records, expert testimony and eyewitness accounts so that our clients’ claims are supported by solid documentation.Â
3. Claiming Comparative Negligence
California follows the law of comparative negligence, meaning that a victim’s award can be reduced based on the percentage of fault assigned to them. For example, a jury may decide a victim is 20% responsible for their injuries, which would reduce their compensation by 20%.Â
Defendants often attempt to shift blame onto the victim to minimize their liability. They might argue that a car accident was partially caused by the victim’s speeding or distraction. At the Law Office of Scott Righthand, P.C., we work to refute such claims by gathering evidence that emphasizes the defendant’s greater responsibility for the incident.Â
4. Minimizing Damages
Even when liability is clear, defendants often try to downplay the severity of the victim’s injuries. They may argue that medical costs are exaggerated or that long-term care isn’t necessary. This tactic aims to lower the compensation amount.Â
Our attorneys counteract these arguments by collaborating with medical and financial professionals who can accurately evaluate the true impact of the injury. We present strong, evidence-based cases to ensure our clients receive compensation commensurate with their needs.Â
Contact Us for Quality Legal Help
Catastrophic injury cases in California are undeniably challenging, but you don’t have to face them alone. The Law Office of Scott Righthand, P.C., has over 35 years of experience helping victims and their families secure the compensation they deserve. Our attorneys understand the tactics used by defendants and are committed to protecting your rights every step of the way. If you or a loved one has suffered a catastrophic injury, contact us today for a case evaluation. Together, we can build a strong case to help you move forward confidently.
