Catastrophic Injuries

A catastrophic injury is legally defined as an injury, usually of thecentral nervous system, that leaves the individual unable to performany gainful work. A catastrophic injury is a result of an accident,which means the victim obtained the damages without warning. Asidefrom damages to the central nervous system, catastrophic injuries mayalso include accidental amputation, multiple bone fracture, eyeinjury, severe burns, and organ damage. Catastrophic injuries canlead to permanent and, often, life-long disabilities, and malfunctionof multiple organs, and can shorten the lifespan of the individual.Catastrophic injuries require expensive medication andrehabilitation, often for the rest of the individual's life, causinggreat financial and emotional strain to the family. The injurieslimit, if not, prevent the individual from using major bodilyfunctions and interacting with family and society, leading to loss ofemployment, resulting to low quality of life.

Because of the magnitude of the effect of catastrophic injuries,victims and their families are given the legal right to file claimsand seek compensation for the disabilities. Catastrophic injury law,in general, provides that a victim sustaining catastrophic injuriescan file a claim or sue the person or entity who acted negligently orintentionally resulting to the harm. The main premises, therefore, ofcatastrophic injury law is negligence and intent. The medicaltreatment, rehabilitation and care for the victim of catastrophicinjuries are steep, which means family members take to court theirclaims.

The determination of negligence or intent is crucial in establishinga catastrophic injury claim. Most victims, as a result of theirinjuries, may no longer be able to recall the events that happenedbefore, during, and after the accident, so it would take an ampleamount of time before the complaint can be structured. An expertcatastrophic injury law attorney can speed up the data and evidencegathering process. Moreover, an expert catastrophic injury lawattorney can also help the victim, or, in most cases, the victim'sfamily, seek the damages due to the victim by establishing whetherthe act was negligent or intentional as the difference between thetwo can elevate the claim from a tort claim to a criminal offense.

If it will be known that one party is responsible for thecatastrophic injuries, then it will be easy for the plaintiff toidentify the responsible party. However, many parties may beresponsible for the injuries and an expert catastrophic injury lawattorney will be prudent to name all possible responsible partiesprior to the start of the litigation as the statute of limitationsmay exclude other possible responsible parties, reducing the amountof damages the victim may receive. Other possible liable partieswould include the owner of the vehicle, if the injuries are caused bysuch, or the building, employer, and insurance companies. The lawdoes not leave possible responsible persons unprotected, and, becauseof the possibility of paying huge amounts, they would argue againsttheir liability. It is therefore imperative to hire an attorney whois not just equipped with in-depth knowledge of catastrophic injurylaw but also of litigation tactics.

The bulk of catastrophic injuries litigation involve around the determination of the value of the damages. While every injury isserious to some degree, some victims of catastrophic injuries canrecover with good medical attention. Other victims, on the otherhand, are permanently disabled and suffering. States in the UnitedStates have imposed limits on "non-economic" damages. A catastrophic injury lawyer can help recover the adequate compensationfor the damages that the victim or his family has suffered.


Areas of Law

Property Protection Law - Legal Information and Resources

Property Protection

Individuals and businesses typically seek recourse from the law to protect their properties from the reach of creditors or, in cases of divorce, former spouses. Property protection law provides for a legal mechanism by which properties are protected so that they remain in the hands of the asset-holder, instead of creditors, without violating other aspects of the law. In the area of debtor-creditor law, asset protection serves the debtors as debt collection serves as the creditors.

Property protection law identifies exempt assets, which cannot be clawed by creditors. These assets include household furniture, clothing, or jewelry. These assets could also include, in some states, life insurance benefits, and annuities. Federal legislation also identifies as exempt qualified retirements plans, including pension plans, 401(k) plans, and employee stock ownership plans. State laws on exempt assets varies, but the general rules is assets to which one does not have legal title cannot be reached by creditors.

There are numerous ways to protect assets and one way is to transfer assets to another person or another entity. The law allows individuals to transfer their properties to another person, to a trust, to a limited liability corporation, or to a family limited partnership. The transfer of properties to any of these entities require legal documentation, which is best drafted by an expert property protection law attorney. There are also legal requirements as to the creation of trusts, LLCs and FLPs, so prior to any transfer, it should be ensured that these entities were created in accordance with the law, or else, the transfer may be deemed fraudulent and invalid, giving creditors the right to grab these properties.

The process of protecting one's property should not be utilized as a result of a current situation, such as insolvency or divorce. Asset protection should be planned as a crucial part of one's life and prior to the occurrence of any of these situations as the law also protects creditors from fraudulent acts of debtors. The process of property protection involves the drafting of numerous legal documents, depending on the number of properties and assets. The drafting of these legal documents must be carried out with the assistance of expert attorneys as the language of these documents should be clear and specific, such that they won't be subjected to burdensome disputes in the future. Moreover, because law on property protection varies, there are requirements that must be complied with and property protection law attorneys would know best what to do.

Property protection law touches upon numerous other branches of the law. In instances of insolvency, individuals and corporations should be careful when trying to transfer their assets prior to filing for bankruptcy. The Bankruptcy Code provides for a time period by which preferential or fraudulent transfers can be clawed back to the estates for distribution to creditors. It is not uncommon for debtors to, prior to the filing for bankruptcy, conceal assets so that they cannot be sequestered by creditors. This is not illegal if done before the claw back period, which is usually one year prior to the filing date to 90 days prior to the filing date. It is also not uncommon for property owners to hide assets to try to pay lower taxes. Tax evasion is a criminal offense and may result to serious repercussions, such as imprisonment.

Areas of Law