A catastrophic injury is a severe, life-changing physical or mental injury that results in long-term or permanent disabilities. These disabilities can range from physical ailments to emotional trauma and commonly lead to significant financial burdens through necessities like medical bills and rehabilitation costs. They usually impact a victim’s ability to work, causing further financial strain. If you’re suffering from a catastrophic injury, it’s critical for you to understand your rights so that you can hold the appropriate party accountable and claim the compensation you deserve. Filing a catastrophic injury lawsuit can be vital in securing the financial support you need for long-term care, lost income, and other life-altering impacts.
What Is a Catastrophic Injury?
A catastrophic injury is a permanent impairment resulting from a specific severe accident. These injuries go beyond a simple injury. They alter a person’s life and their ability to function independently. In order to be considered catastrophic, the injury must result in at least one of the following:
- Permanence (such as paralysis, brain trauma, or amputation)
- Severe disruption of bodily function
- Long-term medical or rehabilitation needs
- Inability to return to gainful employment
Catastrophic injuries can prevent a victim from performing basic daily activities. Even if the victim can return to their home life, they may require permanent assistance to do routine chores like showering and eating.
Kinds of Catastrophic Injuries
Some common examples of a catastrophic injury include:
- Spinal Cord Injuries: These are typical of car accidents and falls. They can be catastrophic, especially when they lead to partial or complete paralysis.
- Traumatic Brain Injuries (TBI): After a severe impact on the head, cognitive impairments usually arise. These impairments can affect the victim’s ability to think, speak, or even move temporarily or permanently.
- Amputations: The loss of a limb usually results from a severe accident or, unfortunately, medical malpractice. When this happens, the victim can suffer many additional consequences, such as infections and the inability to continue working.
- Severe Burns: Second- or third-degree burns can lead to hypertrophic scars, keloids, and contractures, as well as long-term complications. These include chronic pain, infection, and amputations.
These kinds of injuries impact not only physical health, but they can also lead to emotional distress for many reasons. Victims can face PTSD, anxiety, or depression as they adjust to a new life with the loss of mobility or cognitive abilities. At the same time, medical and rehabilitation bills pile up every day.
When these injuries cause a loss of income, paying those bills can seem impossible. This leaves families financially overwhelmed and unsure of how to move forward. In these situations, understanding catastrophic injuries & related legal claims can help families explore their compensation options and begin rebuilding after a devastating event.
Please read more about compensation rates here: Florida Insurers Seek Workers’ Compensation Rate Hike.
Who Can Be Held Liable in a Catastrophic Injury Lawsuit?
Because of the financial strain these injuries put on a victim, it’s crucial to identify who can be held liable after a catastrophic injury so the victim can seek compensation. In Florida, many catastrophic injury cases are based on a theory of negligence. To prove that someone was negligent, you must show that another party owed the victim a duty of care, breached that duty, and caused the injury. Examples of liable parties can include:
- Negligent Drivers
- Employers
- Property Owners
- Manufacturers
- Medical Professionals
In some situations, such as product liability cases, there is no need to prove negligence. If the product, as designed, manufactured, and sold, injured someone, the designer, manufacturer, or seller can be held liable, depending on where the fault occurred.
There are some cases wherein multiple parties can hold liability. If your case involves more than one at-fault party, seeking counsel with an attorney for settlement who can help you prove fault is critical to help you secure all the compensation you deserve.
What Compensation Can Be Recovered in a Catastrophic Injury Lawsuit?
Financial strain is undoubtedly a part of a catastrophic injury, and it’s hard to deal with when you’re trying to recover. The good news is that victims of catastrophic injuries are entitled to multiple forms of compensation. These forms can include:
- Economic Damages: This form of compensation can cover tangible losses such as medical expenses, rehabilitation costs, lost wages, and future earning capacity.
- Non-Economic Damages: Intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life can also be a part of your catastrophic injury claim.
- Punitive Damages: In severe cases of gross negligence or intentional harm, additional damages can be awarded to the victim as a form of punishment to the at-fault party.
The amount of compensation you might be eligible for will depend on the injury itself and its impact on your life. A skilled attorney can help you determine what your case is worth and fight for a fair payment.
Please read more about property damage claims here: How to Handle Your Car Property Damage Claim
Legal Process and Statute of Limitations
The legal process of pursuing a catastrophic injury lawsuit may seem intimidating, but it can be broken down into a few simple steps:
- Consultation: First, ask a personal injury attorney to evaluate your case.
- Investigation: Next, your attorney will gather evidence, such as medical records, witness statements, and accident reports.
- Filing the Lawsuit: After the investigation, your attorney will submit the legal documents to initiate your case.
- Discovery: In this stage of the legal process, both parties will exchange information and evidence. This means you will see the evidence the opposing party has to work with.
- Negotiations: Your attorney will negotiate with the opposing party to attempt to reach a fair settlement so that you can recover without financial loss.
- Trial: Your attorney will take your case to court if a fair settlement cannot be reached.
It’s important to note that in Florida, the statute of limitations allows an injured party two years from the date of an accident to file a lawsuit against the at-fault party. There are exceptions to this law, but it’s generally best to file as soon as possible, regardless of an exception, in order to preserve evidence. Failing to file within this period can result in a complete dismissal of your case.
How The Bruner Law Firm Can Help
Catastrophic injuries are life-altering events that often require a great deal of financial compensation to recover from. At The Bruner Law Firm, we understand how difficult this time can be. Our team of skilled personal injury attorneys in Panama City is ready to fight for victims in Florida to receive fair compensation. We will handle the legal process for you, from the investigation to the trial, so you can focus on healing. All you need to do is contact us at (850) 243-2222 for a free consultation. Talk to us about your case, and let us help you from there.
