Catastrophic injuries are serious injuries that can result in permanent disability or long-term care. If you or someone you love has sustained catastrophic injuries in an accident that resulted from someone else’s negligence, you may be entitled to monetary compensation under Florida law.
A New Port Richey catastrophic injury lawyer can discuss the facts and circumstances of your case with you. It may be critical to speak with a distinguished personal injury lawyer who can negotiate with the insurance company on your behalf or litigate your case through the Florida court system.
Types of Catastrophic Injuries
New Port Richey catastrophic injury lawyers have seen other accidents such as car accidents, truck accidents, boating accidents, bicycle accidents, motorcycle accidents, slip-and-falls, and workplace accidents, can lead to catastrophic injuries and damages. The most common types of catastrophic injuries sustained in Florida include the following:
- Traumatic brain injuries (TBI’s)
- Broken bones
- Spinal cord injuries
- Permanent scarring
- Facial contusions
Burden of Proof in Catastrophic Injury Cases
When it comes to catastrophic injuries, insurance companies are often times skeptical. These injuries can be extremely difficult for an injured plaintiff to prove. In order to save their insurance companies money, adjusters will look for every excuse in the book to downplay the severity of a plaintiff’s personal injuries.
In some catastrophic injury cases, the insurance company may even deny liability altogether. Insurance companies usually look to one or more of the following in hopes of limiting their liability exposure in a catastrophic injury case:
- Prior surgeries
- Preexisting injuries
- Degenerative changes on x-rays and MRIs
- Preexisting medical conditions
- Injuries sustained in prior motor vehicle accidents
- Prior on-the-job injuries
Importance of Expert Testimony
Proving catastrophic injuries also requires expert medical testimony at trial. A medical expert may be able to testify about the following at a personal injury trial:
- The nature and extent of the plaintiff’s permanent injuries and damages
- The causal relationship between the catastrophic injuries sustained in the accident and all past, present, and future medical treatment
- The extent of the plaintiff’s current and future social, mental, and/or physical limitations that proximately resulted from the catastrophic injuries sustained in the accident
- The necessity and appropriateness of all medical treatment, procedures, and the cost thereof
- The necessity, appropriateness, likelihood, and cost of all future or potential medical care, treatment, and procedures, including possible lifetime care in a nursing home, assisted living, or long-term care facility
Common Damages Sought
Catastrophic injury plaintiffs may be able to obtain monetary compensation for medical and physical therapy bills, lost wages, loss of earning capacity, pain and suffering, future medical care and treatment (including future corrective surgeries and other future medical procedures), mental anguish, emotional distress, psychological or psychiatric harm, loss of consortium, and long-term medical or rehabilitative care.
If you or someone you love has sustained catastrophic injuries in an accident that resulted from someone else’s negligence, you may be entitled to monetary compensation under Florida law. A knowledgeable New Port Richey catastrophic injury lawyer can discuss the facts and circumstances of your case with you, negotiate with the insurance company on your behalf, file a legal complaint, litigate your case through the Florida court system, and take you case to trial, if necessary.