What is a Catastrophic Injury in Florida?
Any accident can result in different types of injuries but the most serious of these are known as catastrophic injuries. A catastrophic injury can change the life of accident victims in an instant. These injuries often result in extensive medical bills, you may not be able to return to the same line of work in the future, and your home or vehicle may even require modifications to accommodate your injury. Catastrophic injuries pose certain challenges for accident victims and recovery is not always straightforward. Below, our Tampa catastrophic injury attorney explains in further detail.
The Definition of Catastrophic Injury in Florida
Catastrophic injuries in Florida are defined as permanent impairments that result in severe physical or mental disability, scarring, loss of a bodily function, or disfigurement. A catastrophic injury must also greatly impact a person’s quality of life and their ability to perform daily activities or work. Common examples of catastrophic injuries are as follows:
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Multiple fractures
- Amputations
Personal injury claims involving catastrophic injuries do not have any legal differences from those that involve injuries that are not as severe. Still, these injuries can create some challenges from accident victims trying to obtain the compensation they deserve.
How Do Catastrophic Injuries Affect Personal Injury Cases?
Although the process of filing a personal injury claim after a catastrophic injury is the same as any other type of injury, you may come across certain challenges. These include:
- Higher compensation required: Catastrophic injuries are far more expensive than minor injuries and so, accident victims are often entitled to more compensation. This can make things more difficult, as insurance companies are more likely to reduce or deny these claims.
- Insurance policy limits: Due to the fact that catastrophic injuries are far more costly to treat than other types of injuries, the insurance policy limits of the liable party may not fully cover all losses. To ensure you receive the full compensation you need, it is critical to identify all liable parties. This can allow you to file multiple claims with different insurance companies.
- Modified comparative negligence: Under Florida’s modified comparative negligence law, accident victims can still recover damages if they were partly at fault for the accident. However, an injured individual must be found 50 percent or less at fault. Their damages are then reduced by their same percentage of fault. Insurance companies often use this to shift blame to the accident victim and reduce the damages they must pay. They are even more likely to do this when a catastrophic injury is involved.
Our Catastrophic Injury Attorney in Tampa Can Help After an Accident
Catastrophic injuries do present unique challenges when filing a personal injury claim for compensation. At Moore Law, our Tampa catastrophic injury attorney can help you overcome them when they arise so you obtain the full and fair settlement you are entitled to. Call us today at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0960/Sections/0960.03.html
