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Spring Hill Catastrophic Injury Attorney

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If you have sustained catastrophic injuries due to the negligence of another party, the law provides a path for seeking monetary damages. Catastrophic injuries include amputation, traumatic brain injury, or spinal cord injury. There is often tremendous fallout as accident victims must not only confront the pain and suffering but also take on the economic challenges as well.

At Kogan & DiSalvo, Florida’s premier personal injury law firm, we are passionate about fighting for victims and their families. Contact a Spring Hill personal injury attorney as soon as possible. We can fight for your right to recover compensation for your medical expenses, lost wages, and pain and suffering. Schedule a free consultation today.

Common Types of Catastrophic Injuries

A doctor using a tablet computer to explain a spinal cord injury to a patient

In Florida, a catastrophic injury must interfere with your day-to-day activities to meet the severe injury threshold, e.g., losing a central body function, disfigurement, or scarring;

Common examples include the following:

  1. Traumatic Brain Injuries (TBI). A TBI occurs during an accident when the head sustains a blow. While a concussion may cause temporary confusion, dizziness, and headaches, a more severe form of a TBI can lead to more profound cognitive impairments, memory loss, and changes in behavior. It is essential to seek immediate medical attention if you suspect a head injury, as prompt diagnosis and treatment are crucial for mitigating long-term complications.
  2. Spinal Cord Injuries. A spinal cord injury can result from a variety of accidents, such as car accidents or slips and falls. These injuries can result in paralysis, respiratory issues, muscle spasms, chronic pain, and bladder and bowel dysfunction.
  3. Severe Burns. Severe burns often incur severe pain, permanent scarring, loss of mobility, and increased susceptibility to infections. Victims may require extensive medical treatments such as skin grafts, reconstructive surgeries, and life-long treatment.
  4. Loss of Limbs. Traumatic injury is a leading cause of amputations, accounting for approximately 45 percent of all cases, according to John Hopkins Medicine. Beyond the immediate physical trauma, amputees often face challenges such as phantom limb pain, reduced mobility, and the need for prosthetic devices or assistive technologies.

What Are the Typical Causes of Catastrophic Injuries in Spring Hill?

A three-car accident with an emergency services vehicle behind

The most common causes of catastrophic injuries include the following:

A victim of a catastrophic injury deserves full compensation for their pain and suffering from the at-fault party. Trust our team at Kogan & DiSalvo to pursue a fair and reasonable financial recovery for your past and future damages.

Negligence and Liability in Catastrophic Injury Cases

A doctor and nurse putting a bandage on a patient's burn injury in the hospital

To hold the at-fault party legally responsible for catastrophic injuries, the burden is on the plaintiff and their lawyer to prove they were negligent. Negligence occurs when someone breaches their “duty of care” to you. A duty of care is a legal responsibility to exercise reasonable caution around others. For example, all motorists have a duty of care to follow traffic laws and drive as safely as possible. Driving under the influence, speeding, or otherwise violating a traffic law would be considered a breach of duty.

Further, as of March 2023, Florida personal injury cases, including those involving catastrophic injuries, are now governed by the doctrine of “modified comparative negligence.” Plaintiffs can still recover compensation as long as their fault is deemed to be 50 percent or less. However, their damages award will be reduced proportionally to their degree of fault.

For example, a plaintiff is awarded $100,000 in a personal injury claim, but their fault, determined by a judge or jury, is 20 percent. Their total award is then reduced to $80,000.

Seeking Compensable Damages

A person signing a piece of paper with a gavel and stethoscope in the foreground

Catastrophic injuries require extensive medical treatment and rehabilitation. However, the damages incurred in these cases go beyond just medical bills; they include a wide range of losses that impact every aspect of a victim’s life. If you have sustained a severe injury, you may be eligible for the following economic and non-economic damages:  

  • Your past, future, and ongoing medical bills
  • Lost Income from missed work
  • Your reduced future earning potential
  • Pain and Suffering
  • Emotional Anguish
  • Disability and Disfigurement

You need a skilled legal team to assess and calculate your future expenses accurately. At Kogan & DiSalvo, we are committed to ensuring that every aspect of your suffering is acknowledged and compensated.

Gathering Evidence for a Catastrophic Injury Case

A file folder tab labeled "Evidence"

Gathering convincing evidence is another crucial aspect of building a successful catastrophic injury claim. Here are some key types of evidence that can strengthen your case:

  • Medical records
  • Police records
  • Photos and videos from the accident scene
  • Eyewitness statements
  • Expert opinions could include accident reconstruction specialists, medical professionals, and engineers.

It’s also crucial to save all related documents, including your medical bills, transportation costs for all medical appointments, and any assistive devices you’ve purchased.

How Kogan & DiSalvo Can Help

An attorney explaining a highlighted and marked up legal document to a client

At Kogan & DiSalvo, we understand the immense financial burdens accompanying catastrophic injuries. We have also seen how insurance companies exploit this vulnerability, pressuring victims into accepting quick settlements that will not cover the extent of the damages. While individuals can move forward without legal counsel, doing so in catastrophic injury cases is not advised due to the complexity and high stakes involved.

A Spring Hill catastrophic injury lawyer can manage all aspects of your claim from beginning to end while ensuring you are fully supported and informed at every step in the process, including:

  • Thoroughly investigating your accident.
  • Compiling the necessary evidence.
  • Assessing the value of your case.
  • Handling all communications and negotiations with insurance companies.
  • Representing you at trial if a fair settlement cannot be reached.

Note that the new statute of limitations is two years from the date of the accident. While that might seem like a long time, contacting a lawyer as soon as possible is best. Important evidence, such as CCTV footage, can be erased, or witnesses can be challenging to locate.

Schedule a Free Consultation

Statue of lady justice on desk of a judge or lawyer.

After a catastrophic injury, you need a legal team that you can trust to fight for you with unwavering dedication and commitment. We are prepared to leverage our in-depth knowledge, experience, and resources on your behalf. If you or a loved one has suffered a catastrophic injury in Spring Hill, in Hernando County, we can help. Contact us to schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

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