
You might be able to recover a range of compensation in a catastrophic injury case, including economic and non-economic damages. Although you can’t explicitly pursue punitive damages, they might be an option as well.
However, it all depends on the details of your circumstances and the specifics of your case. The sooner you call a catastrophic injury lawyer in Alva, the sooner your attorney can let you know which compensation is available to you.
What Counts as a Catastrophic Injury?
Not every injury qualifies as catastrophic, but when one does, the impact is usually either permanent or long-term, if not both. These are more specific examples of injuries that are commonly considered catastrophic injuries:
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Severe burns
- Amputations
- Multiple fractures or internal injuries
- Long-term disability or loss of function
What makes these injuries different from non-catastrophic injuries isn’t just their severity. The way that these injuries end up affecting your ability to live your life the way you used to is also taken into consideration.
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The Financial Side of Catastrophic Injury Cases: Economic Damages You Might Be Able To Recover
After a serious injury, victims often become painfully aware of their newfound financial strain as well. In response to the monetary expenses that coincide with these injuries, economic damages are often available to victims of catastrophic injury cases.
These damages are designed to cover the actual, measurable costs tied to your injuries.
Past, Present, and Future Medical Expenses
As part of the economic damages that you might be compensated for, you might receive money for these costs:
- Emergency care
- Surgeries and hospital stays
- Physical therapy and rehabilitation
- Prescription medications
- Assistive devices like wheelchairs or prosthetics
- Future medical treatment
In catastrophic injury cases, future care is often a highly considered component. A lawyer can work with medical professionals to estimate what you’ll need in the years—if not decades—to come as you recover over time.
Lost Income and Reduced Earning Capacity
If your injury prevents you from working, even temporarily, you can usually recover compensation for lost wages. But in catastrophic cases, you might be compensated for these matters as well:
- Loss of future earnings
- Reduced ability to earn income
- Loss of career opportunities
This isn’t something you will want to estimate on your own. Instead, let your attorneys contact financial professionals who are able to calculate what your lifetime earnings would have been without the injury.
Non-Economic Damages That You Might Be Able To Recover in a Catastrophic Injury Case
Another type of compensation that is usually available to victims of catastrophic injury cases is known as non-economic damages. This category of compensation refers to non-monetary losses sustained by victims of these cases.
Pain and Suffering
This refers to the physical pain and emotional distress that you experienced as a result of your injuries. Chronic discomfort, anxiety, depression, and trauma all fall into this category of non-economic damages.
Loss of Enjoyment of Life
If your injury prevents you from doing what you once loved—whether that’s engaging in your hobbies, planning travel opportunities, or living your life independently—you might be compensated for those losses.
Loss of Consortium
In some cases, spouses are entitled to compensation for how the injury has affected the relationship, including loss of companionship or support. These damages can be harder to quantify, which is why legal experience is so important in making sure they’re properly valued.
Why Punitive Damages Might Be Available When Negligence is Involved
In certain cases, Florida state laws usually allow for punitive damages. These aren’t meant to compensate you directly for a loss, but rather, they are intended to punish especially reckless or intentional behavior.
While not available in every case, they often apply to cases that involve these matters:
- Gross negligence
- Intentional misconduct
- Extreme disregard for safet
Reaching out to a lawyer is the right way to figure out if your case qualifies for these matters.
What Current Florida State Laws Mean for You When Recovering Compensation in Catastrophic Injury Cases
Recent changes to Florida state laws have made it more important than ever to act quickly and strategically as the victim of a catastrophic injury.
The Statute of Limitations Is Shorter
As of March 24, 2023, victims have two years to file a personal injury claim in the state of Florida. Missing this deadline could mean losing your right to compensation altogether, so making sure you take legal action within 24 months will make all the difference.
The State Abides By a Modified Comparative Negligence Standard
Florida now follows a modified comparative negligence rule. This means that if you’re more than 50% at fault, you might not be allowed to recover compensation in your case. Now, if you’re partially at fault, your compensation will likely be reduced by your percentage of responsibility.
Insurance companies often try to use this rule to shift blame onto victims. A lawyer helps protect you from unfair fault arguments.
Contact the Law Firm of Viles & Beckman for Help Recovering Compensation in a Catastrophic Injury Case
If you are pursuing compensation in a catastrophic injury case, you’re likely wondering what is available to you in terms of financial recovery. At the end of the day, it all depends on how well your case is handled and who’s fighting for justice on your behalf.
With Viles & Beckman by your side, you’ll have a legal team of attorneys with more than 40 years of combined experience. Established in 1995, our law firm is home to a reputation for delivering a five-star client experience and a commitment to treating every case with care.
No matter how big or small your case, our lawyers represent a trusted name for injury victims across the state of Florida. We’re here to take the pressure off your shoulders and help you move forward. And because you pay nothing unless we win, there’s no risk in reaching out.
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