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Those who sustain a life-changing catastrophic injury need to protect their rights and financial independence by suing for damages in civil court. They can enter the legal system by contacting an experienced Delray Beach catastrophic injury lawyer who is well-versed in this area of law. Skilled and dedicated injury lawyers in Delray Beach will work hard to obtain an appropriate amount of compensation for you to help with your recovery.
Florida law defines a catastrophic injury as a “permanent impairment.” These injuries include amputations, brain and spinal cord damages, third degree and worse burns, blindness, hearing loss, and organ damage.
All of these severe injuries require special care, such as:
If the catastrophic injury was the result of an accident, or at the hand of another person or entity, the injured person has a right to sue the negligent party for damages to pay for the needed care and other harms under Florida’s comparative negligence standard.
Legally, negligence means that an injury or other harm was caused by a dangerous or improper act.
Florida lawmakers reasoned that anyone who bears some fault in an accident must share the financial responsibility. Modified comparative negligence reduces the amount of damages that can be claimed by the percentage of fault, up to 50%. If they are found 51% or more at fault, they are barred from recovery entirely. A person who is 80 percent at fault cannot claim damages, while a person who is 40% at fault will be able to recover 60% of their total damages.
Negligence has elements that the plaintiff needs to prove to be successful in suing under negligence law:
Suing for damages is intended to put the harmed person in a financial position that existed before the accident and to pay for expenses caused by the accident. These are:
Delray Beach catastrophic injury lawyers will prepare a lawsuit alleging the negligent act after conducting a thorough investigation of the event and its consequences. A lawyer will interview, under penalty of perjury, everyone involved to use as testimony, and research legal precedent citing applicable Florida statutes and case law.
Although the attorney will prepare the case for trial, including handling motions along the way. Many personal injury civil cases are settled out of court with the defendant’s insurance carrier, which will attempt to limit the financial amount. But the attorney will negotiate from a position of strength to win the amount of damages sought.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.