Broward County Catastrophic Injury Lawyer
Life-changing catastrophic injuries have a deep financial impact that can easily reach into the millions over a lifetime, so it is crucial not to jump at the first offer to settle the case.
The better course of action is to contact a Broward County catastrophic injury lawyer, who is well-versed in this area of law, and arrange a no obligation consultation to learn if suing for damages can prevail in court. Get in touch with a compassionate personal injury attorney who can work hard helping you pursue deserved compensation today.
Types of Catastrophic Injuries
These are the most severe injuries a person can sustain. Florida law defines these injuries as permanent impairments. Among the injuries under Florida’s definition of a catastrophic injury are: spinal cord damage, brain damage, amputations, third-degree burns, organ damage, blindness, and loss of hearing, among other injuries.
Some of these injuries require special equipment, such as high-tech wheelchairs with home modifications to use them, and all of these injuries often require special care for the balance of life.
Florida’s Negligence Law
The key to securing damages is that the injury must have been caused by another person or entity’s negligence. Florida uses the comparative negligence standard to determine fault, and fault can be shared. If so, damages are reduced. Damages for a person who is 60 percent at fault are reduced 40 percent. The rationale is that a person should be held accountable for acting in a negligent manner.
To prove negligence, the injured person must prove four things.
- Duty of care: A legal obligation that requires a person to act sensibly toward others as a reasonable person would do
- Breach: Commission of an act, or failing to take any act, that violates duty of care
- Causation: A Broward County catastrophic injury lawyer would say “but for” the breach, the accident would not have happened
- Damages: A financial loss must have occurred
Possible Damages Available
If negligence is proven, the damages section of the lawsuit lists all the damages available to the injured person and their sums:
- Cost of medical and therapy treatment and equipment
- Loss of current and future income
- Pain and suffering
- Emotional distress
- Loss of companionship or consortium
- Property damage
- Punitive damages
Punitive damages are to punish the offender who committed an egregious act of negligence and to dissuade others from committing the same or similar negligent act.
Legal Process of a Broward County Catastrophic Injury Claim
Catastrophic injury cases must be filed with the court within four years of the event or the case cannot be brought again under Florida’s statute of limitations. Hiring a Broward County catastrophic injury lawyer promptly is best. To prepare the case, the attorney begins by gathering evidence, called discovery. This is accomplished by collecting evidence at the scene of the injury, reconstructing the accident, and interviewing the parties and witnesses under oath to be used as testimonial evidence.
It may be necessary to call in an expert in a particular field to testify on technical medical issues to bolster the case and refute the defendant’s view. The lawyer also will, with the client’s help, gather all medical records and receipts along with projected future cost, and calculate the loss of income over life to support the damages claim.
During the legal process much happens. Both sides will bring various motions and all require response within a limited time. Many personal injury cases are settled between the parties. Then the lawyer will assertively negotiate with the insurance carrier to achieve a fair settlement that is satisfactory to the client.