What Constitutes a Catastrophic Injury?
Injuries that prevent someone from performing any gainful work in the future, or that cause permanent disability, are examples of what might be considered catastrophic. These injuries generally occur suddenly and without warning, and they can have serious long-term effects on the individual and their family.
Catastrophic injuries come with a lifetime of rehabilitation, medical bills, and a need for constant assistance and supervision. Accidents, violence, and even medical errors can lead to such an injury. Examples of these injuries include:
- Serious head trauma, including a traumatic brain injury
- Spinal cord and other neurological injuries
- Accidental limb amputation
- Multiple broken bones
- Eye injury
- Severe or extensive burns
Our experienced Florida catastrophic injury attorneys can explain the estimated medical costs associated with an injury and ensure that you recover compensation to pay for those costs.
What Situations May Lead to Catastrophic Injuries?
It is an unfortunate fact that a catastrophic injury may occur at any time and in any place. Some of the most common sources of catastrophic injuries are accidents. While the defendant did not intend to cause any harm in these cases, their carelessness or recklessness led to significant injuries. When these injuries occur as a result of another individual’s failure to act with care, the defendant is liable for the resulting losses. Some examples of accidents that may lead to long-term injuries include:
- Slip and falls
- Car, truck, or motorcycle collisions
- Crashes that involve pedestrians or bicyclists
- Medical malpractice
- Injuries resulting from faulty items (defective products)
- Losses from taking dangerous medications
The Florida attorneys at Kogan & DiSalvo can help someone who suffered catastrophic injuries pursue a claim caused by an accident.
Statute of Limitations in Florida
The statute of limitations controls when a plaintiff must file a complaint in court that alleges a personal injury due to a defendant’s negligence. In general, Florida Statute §95.11 establishes that claimants generally have four years from the date of injury to file their claim. While this may seem like a long time, the debilitating nature of these injuries as well as the complex legal system, can result in an individual missing this important legal deadline.
In certain types of claims, this time limit may change. For example, Florida Statute §95.11(4)(b) reduces the statute of limitations for medical malpractice cases to two years after the date of discovery or injury. A Florida lawyer can help someone file their catastrophic injury case before the deadline expires.
Call a Florida Catastrophic Injury Attorney for Help
A civil claim might be an imperative factor in determining what type of life and medical care a catastrophic injury patient will enjoy going forward. The simple fact is that a negligent defendant, or one who causes intentional harm, is liable to provide compensation for all your losses. This can include payments for all necessary medical care, emotional trauma counseling, lost quality of life, and lost earnings potential.
However, obtaining proper compensation can be difficult. Even if you can show that a defendant was at-fault, you must also be able to demonstrate the extent of your losses.
With the help of our Florida catastrophic injury lawyers at Kogan & DiSalvo, you may be able to receive fair damages for all of your losses. Our attorneys can assist with every stage of the process. From advising you about your legal rights to gathering evidence and taking the lead in settlement talks, our team is here to help. To get started on your case, reach out for your free consultation today.