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A catastrophic injury is a severe life-changing event. Florida law defines a catastrophic injury as a permanent impairment. These injuries include brain damage, spinal cord damage, severe burns, blindness, and amputations. Beyond the extensive physical damage, victims can dive into depression coiled by anger, and the related expenses can cause financial ruin.
If someone else or an entity caused the injury, the law provides the way to become financially whole again. To access the justice system, contact a Stuart catastrophic injury lawyer for a free consultation without any obligation.
An experienced personal injury attorney can assess the strength of the case and advise how best to proceed.
Comparative Negligence in Florida
Florida has adopted the modified comparative negligence standard in assessing who is at fault in an accident. Under this standard, a person who is at fault, or partially at fault, cannot claim all of the damages incurred. Lawmakers’ rationale is that a person who is in any way responsible for causing an accident should be held financially accountable.
In situations when more than one person was at fault, the blame is assigned by a jury based on the facts. If the plaintiff is found 50% or less at fault, their overall recovery is reduced in proportion to their fault. If they are found 51% or more at fault, they are prohibited from recovering entirely. For example, if a plaintiff is found to be 30% at fault for their injuries, they will recover 70% of their damages. Conversely, if a plaintiff is found to be 70 percent at fault, they can’t recover. Damages are proven by evidence and determined by a judge or jury.
To prove fault, the law has elements that must be met.
- Duty of care: This is a legal obligation requiring a person to act with the prudence toward others that a reasonable person would. A judge decides if a duty of care is owed
- Breach: A person commits an act, or fails to act reasonably, violating the duty of care
- Cause in fact: “But for” the breaching act or lack of action, the accident would not have occurred
- Proximate cause: The act or inaction had a foreseeable result in causing harm or property damage
- Damages: A person incurred a monetary loss or injury
Potential Compensation After a Catastrophic Injury
A person harmed by the negligent act of another may sue for damages. These include:
- Medical and therapy treatments and equipment for immediate and long-term care
- Current and future lost income and retraining if the injury prevents the victim from returning to previous employment
- Pain and suffering
- Emotional distress
- Loss of companionship or consortium
- Punitive damages, which are imposed if the negligent act was egregious
- Property damage
Role of a Catastrophic Injury Attorney
Memories of witnesses and those involved in an accident are still fresh soon after the event, so it is best to hire a Stuart catastrophic injury lawyer promptly to help build a strong case. An attorney will gather physical evidence from the scene to help reconstruct the accident, collect medical documents and other pertinent records to prove present and future damages, and calculate the amount of damages to be claimed.
A Stuart catastrophic injury lawyer will interview the parties involved and witnesses under penalty of perjury to present testimonial evidence.
The attorney will build a lawsuit that details the accident, alleges fault, and supports the amount of damages claimed. Once the lawsuit is filed with the court, the legal process continues with various motions from both sides requiring responses from the attorneys. In court, the catastrophic injury lawyer will strategically select jurors and aggressively present the evidence at trial.
Many civil cases never go to trial. In that situation, the attorney will negotiate with the insurance carrier (which tries to limit the amount of damages) to achieve a fair personal injury settlement that the client will accept.
Total reviews: 1325 | Average rating: 4.9
Jill Butterworth
Taylor Dagostino
When looking for an attorney for my accident case, I wanted an established law firm with a great reputation. I definitely found that with Kogan and Disalvo. Right from the beginning, the firm walked me through the process and always kept in contact with me. Whenever I had questions, someone would reply within the same day. My case was finalized very quickly and I was very pleased with the amount of my settlement. I would highly recommend Kogan and Disalvo for legal assistance. I was thoroughly impressed with their professionalism, knowledge and ability to help me with a superb settlement. Thank you, Kogan and Disalvo.
Michael Coulter
They helped me out so much! The service was so helpful and they always stayed in contact with me, Sally was amazing and so was Rachel, I am really grateful for them.
Paul Carter
The attorney, and paralegals and others were very helpful with the claim. Everything that was done in the process was with their client in mind. Excellent at what they do.
Joseph Larosa III
Sally Rachel and candela’s were amazing. They helped me so much
Michelle Flanagan
Kogan & DiSalvo helped me with my car accident claim, they were with me every step of the way, always helpful, and kept me updated. Most importantly they explained all my options, and answered all my questions. Amazing team!!!!!
Samantha Place
Even though I have hard case this office heard what I said and took it to heart ❤️ great communication very kind people . I thank this office a lot for hearing me out and helping to fight for me .If anyone gets in an auto accident I recommend call them for inquiry best lawfirm in florida !
Ivy Knight
Paralegals are top notch!
Charity Johnson
My team was so kind and I feel like they won my case with no problem at all! Not only was the process faster than expected, but they were always professional and kind. Every time I called Angela Martiuk was always helpful with all my questions so I never had to stress throughout the whole process. ⭐️ Five stars!
Brandon Strausbaugh
Candelyse is a dedicated hard worker, I would highly recommend using this firm for your personal injury case.
Tim Roberts
Jenn was absolutely amazing very helpful and highly recommend
Melida Tribble
Jenn was super nice ! Very helpful! Highly recommend!
Jason Viens
Great firm! Jenn is awesome and very helpful
Shannon Pohl
Jennifer has a wonderful work ethic and true to her word. I would recommend Kogan and Disalvo.
Diana Baker
Thanks to Kogan & DiSalvo Personal Injuries Lawyers exceeded my expectations with their professionalism and results. They genuinely care about their clients and go above and beyond to help.
Alejandra Lopez
Very professional staff! Highly recommend this firm to everyone!
Frank Miller
Jenn is one of the nicest people I’ve met. Highly recommend
Lucy Reeves
Jennifer is very helpful. I would highly recommend this firm
Amanda Viens
Wonderful experience working with Jenn Langlois! She was terrific
Patrick Newbern
Jenn’s energy is contagious! She’s kind, funny, and genuinely cares. Highly recommend
