What is Considered a Catastrophic Injury in Florida?
When a victim suffers a catastrophic injury in a Florida personal injury accident, their life will never be the same. By definition, a catastrophic injury leaves the victim with a permanent disability, disfigurement, or major scarring. These accidents often prevent victims from returning to work and the activities they previously enjoyed.
A Florida catastrophic injury lawyer can help victims understand their rights and legal options. It may be possible to recover compensation for medical bills, lost income, and future care costs.
How Does Florida Classify Catastrophic Injuries?
Florida law describes catastrophic injuries under Florida Statutes § 960.03. Under this statute, a catastrophic injury is a permanent impairment. It lists examples that include:
- A spinal cord injury and paralysis
- Amputation of an arm, a hand, a foot, or a leg
- A traumatic brain injury that causes issues with motor skills, communication, cognitive function, or seizures
- Significant burns on 25 percent or more of the body
- Significant burns on 5 percent or more of the face and hands
- Blindness
- Other injuries that cause serious, lasting disabilities or disfigurement
Victims often suffer catastrophic injuries in car accidents and similar events. When this occurs, they often have legal options to hold the at-fault party legally responsible.
This option could allow them to recover the money they need to pay for their medical care and ongoing care and support necessitated because of their injuries.
Why Is It Important to Show That a Catastrophic Injury Has Occurred?
Medically, your doctors will take the necessary steps to stabilize, treat, and rehabilitate your injuries. This medical care should be your focus. How to categorize them does not make much of a difference. Treatments and therapies depend on your unique needs.
However, the severity and long-term effects of your injuries are crucial to your legal case. When you work with a Florida personal injury lawyer to hold the at-fault party accountable for your injuries, your legal team will work to document your injuries.
Your catastrophic injury attorney will obtain your relevant records, compile information about your job duties before your injuries, and take steps to document your previous activities. Then, they will present evidence—often from your doctors and medical experts—to show how your catastrophic injuries will affect your future. This will play a role in how jurors react to your case and possibly how much you can recover.
How Catastrophic Injuries Occur and Are Managed
Catastrophic injuries often require life-saving care immediately following the accident and extensive ongoing treatment and management. Some patients spend weeks or even months inpatient receiving care, support, and therapies.
According to the Florida Department of Health, there are ten level I trauma centers in Florida. They include:
- Broward Health Medical Center
- Delray Medical Center
- HCA Florida Kendall Hospital
- Jackson Memorial Hospital / Ryder Trauma Center
- Memorial Regional Hospital (Hollywood)
- Orlando Regional Medical Center
- St. Mary’s Medical Center
- Tampa General Hospital
- UF Health Jacksonville
- UF Health Shands Gainesville
A level I trauma center has the capabilities to stabilize, diagnose, treat, and manage a wide range of traumatic injuries. This is why many victims with catastrophic injuries receive care at these facilities. Sometimes, you might receive stabilizing care at a local hospital before being transferred to a level I or II facility. Many people with catastrophic injuries also receive specialized rehabilitation and therapy at inpatient facilities before returning home.
Catastrophic injuries can occur in many types of personal injury accidents or incidents. When one party’s careless or reckless actions cause injuries, this could support a personal injury claim or legal case. This situation is most common in:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Construction accidents
- Fall injuries
- Dog bites
- Premises liability injuries
If this has happened to you or a loved one, contact a personal injury attorney as soon as possible. Most provide free initial consultations so you can learn more about your right to pursue financial compensation.
How Will a Lawyer Build a Case Based on Your Catastrophic Injuries?
Personal injury cases are built on negligence. If you can show that another party’s negligence caused your catastrophic injuries, you can hold them accountable and recover compensation from their insurance company. There are four parts to documenting that negligence occurred:
- They owed you a duty of care, such as keeping their property free from dangerous hazards or following all traffic laws
- They breached the duty of care
- Their breach was the proximate cause of your accident or incident
- You suffered injuries and financial damages
When you work with a catastrophic injury lawyer, they will investigate what happened to you and gather evidence to document these four elements. The evidence available will depend greatly on the circumstances, but you can count on them to use their knowledge and resources to develop a compelling case against the liable party or parties.
Often, convincing evidence leads to a settlement offer both sides can agree on. However, your attorney should be willing to litigate the case and take it to trial if a fair settlement agreement is not possible.
When Do You Need to Call a Catastrophic Injury Lawyer?
Under Florida Statutes § 95.11, catastrophic injury victims generally have two years to begin a personal injury lawsuit in Florida. However, acting as quickly as possible is important for several reasons. The sooner you have an accident attorney managing the case, the sooner you can focus on your health and well-being.
If your loved one cannot make the call, reach out for them. Evidence could disappear before your family member recovers enough to discuss their legal case. Hiring a lawyer will also stop the inquiries from the insurance companies since the law firm will handle all communication with them. This will protect your right to seek and secure fair compensation.
Contact a Catastrophic Injury Lawyer for a Free Consultation
Meldon Law provides free, confidential case reviews for accident victims and their families. If you or a loved one suffered catastrophic injuries in a Florida negligence accident, our catastrophic injury lawyer can help.
Contact us to discuss your rights with our team for free.
