What are the elements of a successful catastrophic injury claim?

In California, a catastrophic injury claim requires the following elements to be successful: 1. Duty: The defendant must have had a duty to the plaintiff to act or refrain from acting in a certain way. 2. Breach: The defendant must have breached that duty by failing to act or take action when they should have. 3. Causation: It must be shown that the defendant’s breach caused the plaintiff’s injury. 4. Damages: The plaintiff must have suffered some type of loss or damage as a result of their injury. Duty, breach, causation, and damages are known as the elements of negligence and are required for any successful catastrophic injury claim. In addition, the injuries must be severe and life-altering which can include severe burns, traumatic brain injury, paralysis, amputation, and more. Finally, the claim must provide proof of the severity of the plaintiff’s injuries, the defendant’s negligence, and the type of damages suffered by the plaintiff. In order to win the case, the evidence must prove that the plaintiff’s life has been permanently altered due to the defendant’s negligence. These elements are necessary for a successful catastrophic injury claim in California. With the help of a knowledgeable lawyer, victims of catastrophic injuries can receive the compensation that they deserve.

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What are the elements of a successful catastrophic injury claim?

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