What is a Catastrophic Injury in Tampa?
Any accident can result in severe injuries but when an injury is particularly serious, it may be classified as a ‘catastrophic injury.’ The term indicates injuries that will have significant physical, emotional, and financial consequences. They also typically require long-term rehabilitation, medical care, and permanent changes to a person’s lifestyle. It is also important to use the term ‘catastrophic injury’ when it is applicable because it can have a significant impact on any personal injury claim you file. Below, our Tampa catastrophic injury attorney explains in further detail.
How Does Florida Law Define Catastrophic Injuries?
In Florida there is not one universal definition for catastrophic injuries. However, the courts typically accept the term to mean a permanent, debilitating injury that is going to require extensive medical treatment. Insurance companies and the court will usually classify an injury as catastrophic when it prevents someone from performing daily activities, such as cooking or cleaning, working, or living independently.
Why is it Important to Define Catastrophic Injuries?
In medical malpractice cases, catastrophic injuries are recognized when non-economic damages are calculated. Generally speaking in medical malpractice cases, non-economic damages are capped at $500,000 when a defendant is a medical professional and $750,000 when a defendant is not a medical professional, such as a hospital. Non-economic damages refer to compensation for injuries that are not easily quantifiable, such as pain and suffering. However, these caps do not apply when a person has suffered a catastrophic injury.
Catastrophic injuries are also referred to as ‘serious injuries’ in car accident claims in Florida. When an accident victim has suffered an injury that meets the serious injury threshold in the state, they can pursue damages outside of the no-fault auto insurance system in Florida. This is important because while a personal injury claim can help victims obtain compensation for non-economic losses such as pain and suffering, the no-fault auto insurance system does not.
In these cases, a person can meet the serious injury threshold if there has been a permanent and significant loss of a bodily function, there is a reasonable degree of probability that the injury will be permanent, there has been significant scarring or disfigurement, or death. Catastrophic injuries typically meet the serious injury threshold in the state.
Common Examples of Catastrophic Injuries
There are many different types of catastrophic injuries. These include:
- Severe spinal cord injuries that result in paralysis of one or more limbs
- Amputation of a foot, hand, leg, or arm
- Serious brain injuries that interfere with communication, severe sensory motor skills, cerebral function, or the nervous system
- Blindness
- Second or third-degree burns that cover 25 percent or more of the total body surface or third-degree burns that cover 5 percent or more of the face and hands
- Loss of reproductive organs, causing an inability to procreate
Our Catastrophic Injury Attorney in Tampa Can Help
Personal injury claims are far more complicated when they involve a catastrophic injury. Insurance companies, for example, are far more reluctant to settle due to large payouts for damages. At Moore Law, our Tampa catastrophic injury attorney can provide the aggressive representation you need to ensure your rights are upheld and you obtain the fair settlement you deserve. Contact our team to schedule a consultation and to get the help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0960/Sections/0960.03.html
