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If you have suffered a catastrophic injury such as a spinal cord injury, traumatic brain injury, severe burn, or loss of limb, the actions you take right after the accident are critical. Working with an experienced personal injury attorney can help you preserve key evidence, establish liability, and protect your rights.
What Is Considered a Catastrophic Injury?
A catastrophic injury is one that permanently changes the course of a victim’s life. These are not typical personal injuries that heal over time; instead, they lead to long-term or permanent disability, disfigurement, or loss of independence. Victims of catastrophic injuries often require ongoing medical treatment, rehabilitation, and personal care, which can lead to significant emotional and financial strain.
From a legal standpoint, a catastrophic injury is typically defined as an injury that prevents the victim from performing gainful employment or normal daily activities. Under Florida law, this classification can influence the type and amount of damages you may recover. An experienced catastrophic injury lawyer will consider factors like the permanence of the injury, the extent of physical or cognitive impairment, the cost of future medical and personal care, the impact on your ability to earn a living, and the emotional and psychological toll on your life and family members.
How To File a Catastrophic Injury Claim
If you have suffered a serious injury due to a motor vehicle accident or a sports activity, working with an experienced personal injury attorney can help. Here is how they can strengthen your claim:
- Document the Scene and Injuries: Take clear photos or videos of the accident site, all vehicles involved, and any visible injuries or property damage.
- Collect Contact Information: Obtain the name, address, insurance details, and driver’s license number of the at-fault party.
- Identify Witnesses: Record the names and contact information of anyone who saw the incident.
- Preserve Records: Keep copies of medical bills, hospital reports, receipts, and any written communication with insurance companies.
- Avoid Speaking with Insurers Alone: Do not give statements or sign documents until your attorney has reviewed them.
The stronger the evidence for liability and damages, the greater the likelihood of achieving a successful result.
Is Florida a Comparative Negligence State?
Under Florida negligence laws, even if you were partly responsible for the accident, you may still recover damages. However, your compensation will be reduced according to your percentage of fault. There are three core elements of a strong case:
- Liability: Identifying the person or entity responsible for the accident.
- Causation: Proving that the accident directly caused your injuries.
- Damages: Showing the extent of your physical, emotional, and financial losses.
Have More Questions? Contact a Serious Injury Lawyer at Levin Litigation Lawyer Today
Catastrophic injury cases are complex; however, with the right attorney, you can focus on healing while your legal team handles the rest. From day one, we investigate every detail of the accident, work closely with medical and economic experts, and develop a strategy that accurately reflects the lifelong impact of your injuries. Whether your injury occurred in a car crash, workplace accident, or another act of negligence, our mission is to make the legal process less overwhelming and to fight for the full compensation you deserve for medical care, lost wages, pain and suffering, and future needs.
If you or someone you love has suffered a catastrophic injury in Florida, contact us today for a free consultation.
