A team of catastrophic injury lawyers in Fort Myers is better than just one lawyer. Viles & Beckman is ready to protect your rights if you were hurt by someone else’s negligence. Accidents happen in many ways and cause many different types of injuries. Some injuries can be quickly recovered from, while others can take much longer.
Catastrophic injuries, however, generally require a lifetime of medical treatment and care. If you suffered a catastrophic injury in Fort Myers due to someone else’s negligence or recklessness, a Fort Myers personal injury lawyer can help you get the compensation you need for your future needs.
Do I Need a Catastrophic Injury Lawyer?
Many people think that obtaining compensation following a catastrophic injury would be easy. After all, the damages from this type of injury tend to be obvious. However, these cases can often be the most complex due to the need to consult with medical experts and others who can give the court an accurate glimpse into the lifetime of care and treatment that will be required.
Compensation from a personal injury case tends to be a one-shot deal. Whatever you receive through a settlement or award is likely all of the compensation you will ever get for your injuries, and it must cover a lifetime of expenses.
Functions of a Catastrophic Injury Lawyer
Having an experienced personal injury lawyer in Fort Myers on your case will provide you with the following:
- A case value that takes into consideration future expenses and intangibles, such as how your injuries have altered your life.
- A skilled negotiator who will aggressively pursue all avenues of compensation and a fair settlement.
- An experienced litigator who will present all of the important details to the court to obtain the maximum damage award you can receive in your case.
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What Is a Catastrophic Injury?
A catastrophic injury is defined as one that causes long-term, debilitating symptoms that require a lengthy recovery if recovery is even possible. Often, an individual with catastrophic injuries will be unable to perform any gainful work.
The victims of catastrophic injuries may have permanent disabilities that impact not only his or her financial future but also place a tremendous burden on family members and impact all facets of the injured person’s life. Some common catastrophic injuries include:
Traumatic Brain Injury
Traumatic brain injuries generally result from a violent jolt or blow to the head. While the symptoms of mild brain injuries often subside after a short time, more serious injuries to the brain can result in a lifetime of medical complications and even death. These injuries produce symptoms such as profound confusion, combativeness or agitation, slurred speech, and coma or other disorders of consciousness.
Widespread damage to the brain cells may cause an individual to fall into a vegetative state in which he or she may still open the eyes and make sounds but is unaware of his or her surroundings. Many people with traumatic brain injuries also develop seizures, infections, fluid buildup on the brain, and cognitive problems. Victims may need to talk to an experienced traumatic brain injury lawyer in Fort Myers for assistance.
Blindness
The National Library of Medicine defines blindness as a permanent loss of vision that cannot be corrected with glasses or contact lenses. Accidents involving chemical burns to the eyes or sports injuries are among the most common causes of blindness, which can also result from a head injury.
Amputation
The Amputee Coalition reports that nearly two million people live in the United States with an amputated limb, and 45 percent of limb amputations occur due to injuries suffered in accidents. Below-the-knee leg amputations are the most common type of limb amputation, with 185,000 new cases of lower extremity amputations each year. The estimated cost of amputations to the private and public insurance agencies in America is $12 billion annually.
Severe Burns
Healthline defines a severe burn as a third-degree, with widespread thickness and a white leathery appearance, or as fourth-degree, which includes the symptoms of third-degree but extends past the skin to the muscles and tendons. Some causes of severe burns include fires, scalding hot liquids, chemicals, and electrical burns.
Chemical and electrical burns are of particular concern, as they can cause internal damage as well as damage to the skin, muscles, and tendons. Severe burns carry an extreme risk of scarring and disfigurement, loss of use of a joint, low body temperature, low blood volume, and infection. A Fort Myers burn injury lawyer may be able to assess your case.
Organ Damage
Organ damage suffered in a car accident may take days to detect. Common organ damage resulting from accidents includes an abdominal aorta aneurysm caused by compression on the stomach. These broken ribs can puncture or damage internal organs, such as a pneumothorax, which occurs when a broken rib punctures the lung and causes air to flood the chest cavity, or a ruptured spleen, which is responsible for internal bleeding.
Spinal Cord Injury
Most spinal cord injuries are caused by trauma to the vertebral column that impacts the body’s ability to send and receive messages from the brain to the body’s systems that control motor and automatic function below the level of the injury. A Fort Myers spinal cord injury lawyer could help you build a strong case if your accident was someone else’s fault.
Spinal cord injuries often result in partial or complete paralysis of the limbs, affecting the legs, trunk, and pelvis in paraplegic cases and the legs, trunk, pelvis, and arms in tetraplegic (quadriplegic) cases. Spinal cord injury patients suffer many associated complications, have a shorter life expectancy, and generally require assistance and adaptive devices to complete everyday tasks.
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The Impact of Catastrophic Injuries on Your Personal Injury Claim
Florida’s no-fault state status for personal injury claims resulting from motor vehicle accidents means that most of those who are injured must first file a claim with their own Personal Injury Protection policies to recover compensation for medical expenses and missed wages from work due to the injury.
However, if the injury is considered serious or permanent, victims may also choose to recover compensation through a personal injury lawsuit, which will also consider pain and suffering-type damages. Known as the serious injury threshold, the types of injuries that pave the way for a personal injury lawsuit include:
- Significant and permanent loss of an important bodily function
- Permanent injury, within a reasonable degree of medical probability, other than scarring and disfigurement
- Significant scarring and disfigurement
- Death
Catastrophic injuries have enormous consequences on an individual’s life, including the financial impact of care. These types of injuries can affect the relationships that the victim has with his or her family, the ability to work, choices as to where the victim will live, and many other issues. That is why one of the most important aspects of a catastrophic injury claim is determining the value of the case.
How Is a Case’s Value Determined?
When you hear the words “value” or “worth” used in relation to a personal injury claim, be aware that this is not a statement of the importance of the case. Every personal injury claim is important to the injured individual and to the lawyer who takes the case. However, establishing a value or worth to a case is based on the expenses and impacts that your injury has incurred and will incur throughout your life. Plaintiffs might seek three types of damages in a personal injury case:
- Economic damages. Quantifiable expenditures, such as medical, surgical, and rehabilitative expenses, property damage, the cost of hiring someone to do household chores that the plaintiff can no longer do, lost wages, and loss of future earning capacity.
- Non-economic damages. These damages are harder to put a dollar amount to and may include pain, suffering, mental anguish, permanent disability, and loss of consortium.
- Punitive damages. This type of damage is not related to the plaintiff’s injuries but is designed to “punish” the defendant monetarily for particularly egregious or repeated acts of negligence or recklessness.
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How to Calculate Damages After a Catastrophic Injury
While economic damages are relatively easy to figure based on the actual bills for treatment, the calculation of lost wages and estimates of future expenses are based on similar cases involving similar injuries. Non-economic damages are sometimes figured by taking the total amount of economic damages and multiplying that number by 1.5 to up to 5 or even higher in some instances. A higher multiplier is used in cases where:
- The other party’s fault in the accident is obvious and almost total.
- The injuries were observed and detected by a medical evaluation.
- The injuries are obviously painful and traumatic, requiring surgical treatment, or are so severe that they cannot be successfully repaired.
- Recovery is prolonged, lasting more than six months.
- The injury has a permanent consequence, such as pain, immobility, weakness, discomfort, or scarring.
- Physicians clearly indicate that the injuries will result in recurring, degenerative, or future problems.
Are Catastrophic Injury Lawsuits Different From Other Personal Injury Lawsuits?
Other than having a higher value and the ability to move past the no-fault phase following a car accident, a catastrophic injury lawsuit is the same as other personal injury lawsuits. Some of the highlights of Florida’s personal injury law include:
Negligence
In all personal injury cases, a plaintiff must prove that the defendant acted negligently. To establish negligence, the plaintiff must show that he or she was (1) owed a duty of care by the defendant and (2) injured due to a breach of that duty of care.
Statute of Limitations
Those wishing to file a personal injury lawsuit in Florida generally have two years from the date of the accident to do so. This time limit is shorter in some circumstances, such as actions filed against governmental entities. You should contact an attorney immediately following your accident to ensure that you don’t miss any deadlines.
Comparative Negligence
Compensation may still be sought in cases where the plaintiff was partially responsible for the accident that caused their own injuries.
The Liable Parties
In Florida personal injury cases, joint and several liability applies. That means that multiple parties can be found liable for the plaintiff’s injuries, and the court has a structured method of apportioning the amount of liability. Those who are found to be no more than 10 percent responsible for the accident are not required to pay for the victim’s expenses.
Those who are more than 10 percent and less than 25 percent responsible are liable for up to $500,000. Those who are between 25 and 50 percent responsible owe the plaintiff up to $1 million in damages. Parties who are over 50 percent responsible for the accident may pay up to $2 million for the victim’s damages.
Collateral Source Rule
In Florida personal injury cases, the defendant cannot use payments that your insurance provider has made toward your medical bills as evidence against you to reduce the amount of compensation that he or she owes you for your injuries.
FAQs for a Fort Myers Catastrophic Injury Lawyer
If you believe someone else’s negligence caused your injuries, a Fort Myers catastrophic injury attorney can help you navigate the legal system and fight for fair compensation. Here are some frequently asked questions for educational purposes only:
What Types of Accidents Do Fort Myers Catastrophic Injury Lawyers Handle?
Fort Myers catastrophic injury attorneys represent clients in various personal injury accidents, including:
- Auto Accidents. Car crashes, truck accidents, motorcycle accidents, and bicycle accidents caused by drunk drivers, distracted drivers, or reckless driving.
- Slip and Fall Accidents. Injuries from wet floors, poor lighting, or uneven pavement due to negligent property owners.
- Medical Malpractice. Injuries caused by a doctor, nurse, or other medical professional’s negligence.
- Defective Products. Injuries from dangerous products due to product liability.
- Boating Accidents. Injuries caused by reckless or drunk boat operators.
- Wrongful Death. If you lose a loved one due to someone else’s negligence, a wrongful death lawsuit can be filed.
What Compensation Can I Recover for a Catastrophic Injury?
A personal injury lawyer can fight for maximum compensation for your damages, including medical expenses, lost wages, pain and suffering, and loss of Enjoyment of Life.
How Much Does a Fort Myers Catastrophic Injury Lawyer Cost?
Fort Myers Personal Injury Lawyers at Viles & Beckman offer free consultations. We also work on a contingency fee basis, meaning we only get paid if we win your case. Our attorney’s fee is usually a percentage of the settlement you receive.
What Should I Do After a Catastrophic Injury?
- Seek Medical Attention. Your health is the priority. Get a medical evaluation and follow your doctor’s treatment plan.
- Gather Evidence. If possible, take photos of the accident scene and collect contact information from witnesses.
- Keep Records. Save all medical bills, receipts, and other documents related to your accident and injury.
How Long Do I Have to File a Personal Injury Claim in Florida?
The statute of limitations in Florida is generally two years from the date of your accident. However, it’s important to contact a lawyer as soon as possible to avoid missing deadlines.
Should I Accept the First Offer From the Insurance Company?
Insurance companies often try to settle claims quickly for less than what you deserve. A Catastrophic Injury attorney in Fort Myers can negotiate for a fair settlement that reflects the full extent of your damages.
Can a Fort Myers Catastrophic Injury Lawyer Help if the Accident Wasn’t Entirely My Fault?
Florida follows a comparative negligence law. This means your compensation may be reduced based on your percentage of fault in the accident. We can still fight for compensation even if you were partially at fault.
Fort Myers Catastrophic Injury Lawyers Fighting for You Like Family
The aftermath of a catastrophic injury in Fort Myers can be incredibly overwhelming. Between the physical pain, emotional distress, and mounting medical bills, you may not know where to turn. A personal injury attorney can be a strong advocate for you during this challenging time.
A Fort Myers catastrophic injury lawyer can fight for maximum compensation from responsible parties, including insurance companies. Contact Viles & Beckman today for a free consultation and take the first step towards recovery.
Viles & Beckman, LLC
6350 Presidential Court
Fort Myers, FL 33919
T: (239) 334-3933
Call or text (239) 334-3933 or complete a Free Case Evaluation form