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Britto & Herman Injury Lawyers | Jupiter, FL | Call (561) 835-5555

Catastrophic Injuries FAQs

October 25, 2024 – Michael S. Herman, Jr., Esq.

Frequently Asked Questions About Catastrophic Injury Accidents in Florida

What qualifies as a catastrophic injury?

Catastrophic injuries are severe and often permanent injuries that significantly impact the victim’s life. Common examples include spinal cord injuries, traumatic brain injuries, amputations, and serious burns.

What types of damages can be claimed in a catastrophic injury claim?

Damages in catastrophic injury claims may include medical expenses, lost wages, future earning capacity, pain and suffering, rehabilitation costs, and loss of enjoyment of life.

Is there a time limit to file a catastrophic injury claim in Florida?

In Florida, the statute of limitations for filing a catastrophic injury claim is generally two years from the date of the injury. It is therefore crucial to act promptly to preserve your legal rights. An experienced Florida catastrophic injury attorney can guide you.

How is liability determined in catastrophic injury cases in Florida?

In Florida, liability in catastrophic injury cases is typically determined through the principle of negligence. This means that the responsible party failed to exercise reasonable care, leading to the injury.

Florida follows a modified comparative negligence rule, which means someone can still pursue a claim even if they may have been partially responsible for the accident that caused their injury — but their potential compensation would be reduced by their percentage of fault. Additionally, an injured person deemed over 50% responsible for their injuries would not be eligible for potential compensation.

How do I determine if I have a valid catastrophic injury claim?

A catastrophic injury is generally one that involves severe impact on one’s life and/or capabilities, and this often involves long-term disabilities, extensive medical treatment, loss of income, and significant pain and suffering leading to decreased quality of life for which one may be able to seek financial compensation through a catastrophic injury claim. However, the validity of an injury claim depends upon negligence and the unique facts of your case. An experienced Florida catastrophic injury attorney can help you assess the validity of your catastrophic injury claim and guide you through your next steps during a free consultation.

Should I accept an early settlement offer for a catastrophic injury claim?

It is wise to consult with an experienced personal injury attorney before accepting any settlement offer to ensure you pursue fair compensation that considers the long-term impact of your injuries. Accepting a low settlement offer can prevent you from seeking appropriate compensation for your losses. A Florida catastrophic injury attorney can help you assess the proper value of your claim during a free consultation.

How can an attorney help with a catastrophic injury claim in Florida?

Catastrophic injuries involve very complex personal injury claims. If you or a loved one have suffered a permanent injury caused by someone else’s negligence, a Florida personal injury attorney experienced in catastrophic injury claims can assist in determining liability, damages, and representing your interests in court, in pursuit of appropriate compensation that may be available to you under the law.

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