Personal injury law encompasses many different types of cases, but few are as serious as catastrophic injuries. A catastrophic injury can negatively impact every aspect of an individual’s life, not to mention the lives of family members and loved ones. With this type of injury case, a personal injury attorney will not only help their clients to recover the money they need to cover the immediate expenses, but will seek the compensation needed to address the ongoing or even lifelong medical needs of the victim. If the injury was caused by the negligence of another party or medical malpractice, seek the counsel of a qualified personal injury lawyer as soon as possible.
A catastrophic injury is generally defined as an injury with life-changing consequences – and will prevent the injury victim from seeking gainful employment again. These injuries usually require surgery at a minimum, and many catastrophic injuries will also lead to lifelong disabilities, loss of basic bodily functions, or paralysis. Regardless of the specifics, catastrophic injuries have a far deeper impact than the average injury and will lead to many years of medical treatments and long-term care for the victim.
Catastrophic injuries can take a number of forms, some more evident than others. In this blog we will discuss the nature of these injuries and how you can expect to be compensated should your claim or lawsuit prevail.
Examples of Catastrophic Injuries
You may be eligible to receive damages due to your catastrophic injury if you have suffered:
- Severe burns, especially if disfiguring or if they limit ability to perform everyday tasks
- Amputation or loss of limb due to accident, spinal cord injuries, or paralysis to extremities or other part of the body
- Electrocution and electrical injuries, either while on the job or in public or private setting
- Brain damage of any magnitude, including traumatic brain injuries and closed head trauma
Commonly Asked Questions
What damages may apply in a catastrophic injury case?
In a personal injury lawsuit, the plaintiff can ask for financial damages after suffering serious financial and emotional losses due to another person’s negligence. These damages are designed to “make the plaintiff whole again.” This means that the amount of compensation should reflect the severity and scope of the injury. Financial reimbursement is meant to restore the victim’s quality of life as much as it can be restored. Damages are categorized in a similar way in most jurisdictions.
- Medical expenses: ER visits, hospitalization, doctor’s appointments, diagnostic tests, lab work, surgical procedures, prescribed medications, post-operative treatment and rehabilitation, and medical equipment such as walkers, wheelchairs and prosthetics
- Long-term care: Ongoing treatments, prescriptions, counseling and psychotherapy
- Lost wages: Present lost income as well as lost earning potential in the future, occupational retraining.
- Miscellaneous: Home remodeling costs for disabilities; scars and disfigurement
- Physical and emotional pain and suffering
Catastrophic Injury Claims- Statues of Limitations
Many victims of catastrophic injury have their case fall under personal injury, workman’s compensation, or medical malpractice claims. Each of these have different statutes of limitations under Florida law, so it is important for you to check with a personal injury attorney as soon as possible about the claims process. Typically you have at least a 2 year window to file a claim, but this time can go quickly, and you may find yourself unprepared to finish in time. Getting the process moving as soon as possible will ensure that you have your best opportunity for fair and adequate compensation.
The attorneys at Probinsky & Cole are experts in personal injury law in the Sarasota, Brandon and Orlando areas.
