The purpose of a civil claim is for an injured party to collect the compensation they need to make them whole again. Therefore, an injured claimant should evaluate the impact of their injuries thoroughly.
The most substantial portion of a person’s compensation may come from the claimant’s physical injuries. A catastrophic injury is one that forces a person to change their daily routines and typically has a permanent effect on an individual’s future. It follows that a claim for the costs of medical care must demand payments for not just medical bills accumulated to date, but also for estimated costs of future care. These may include costs of medications, physical therapy, prostheses, and in-home nursing.
A severe injury also may affect a person’s emotional state. Therefore, an individual may seek damages for pain and suffering, mental trauma, and emotional anguish. Also, the permanent nature of these injuries may require a person to seek out mental health counseling or other forms of support. A claimant may request compensation for these expenses as well. Finally, in cases that involve a loss of brain function or mobility, claimants should demand damages for their loss of quality of life.
Another potential form of compensation is lost wages. Catastrophic injuries may affect a person’s ability to support themselves. A claim should place a value on this lost income for the rest of a person’s estimated working life. One of our attorneys in Florida can help individuals evaluate how their catastrophic injuries have affected their present and future and demand appropriate payments from all responsible parties.
Determining Liability in a Catastrophic Injury Case
In some catastrophic injury cases, liability is not limited to a single defendant. Cases can have multiple defendants.
Under 2018 Florida Statute § 768.81, a jury will determine which parties are liable for the plaintiff’s injuries, and each liable party will be assigned a portion of the liability.
If the plaintiff is partially responsible for the accident, the percentage of their liability will reduce their damages proportionately. For example, if a jury determines that a plaintiff sustained $500,000 in damages, but they are 10 percent at fault for the relevant accident, they are only owed $450,000 in damages.