If you suffered catastrophic wounds because of someone else’s carelessness, you could work with a Winter Haven catastrophic injury lawyer to seek compensation for your injuries and other losses.
You have enough on your plate right now with such life-changing injuries. You do not have to go through the legal process by yourself. A personal injury lawyer can help with your personal injury case and determine who is liable. Our team at Dismuke Law will be there with you every step of the way.
What Is a Catastrophic Injury?
There are many different definitions of catastrophic injuries. NeuLife Rehabilitation, a residential treatment facility that provides specialized rehabilitation programs for catastrophic injuries, says that a catastrophic injury often causes long-term or permanent disability or disfigurement and typically involves one or more of the following:
- Brain injury
- Spinal cord injury
- Skull fracture
- Spinal fracture
- Loss of limb
- Severe burns
The treatment facility cautions that catastrophic injuries often need rehabilitation programs, more than one surgery, and a long and arduous recovery process. A person who suffers a catastrophic injury usually faces a lifetime of medical treatment.
A catastrophic injury lawyer in Winter Haven, FL could handle your personal injury claim so that you can focus on your healing process.
Who Can You Sue for Causing a Catastrophic Injury in Winter Haven?
We must prove all four of these elements of negligence to hold someone accountable for your devastating injury in Winter Haven:
- Duty of care. The person we file a claim against or sue (the defendant) must have owed the injured person a duty of care. For example, suppose the injuries happened in a car crash. In that case, we can prove this element of negligence by referring to the fact that everyone who operates a motor vehicle in Florida has a legal duty to drive carefully and safely.
- Breach of duty. When a person acts in a way that violates their duty of care, they are negligent. Let’s say that the defendant was driving a car in Winter Haven while under the influence of alcohol or drugs. This dangerous behavior breaches their duty to drive carefully and safely, so it is negligence.
- Causation. The careless behavior must have caused the accident that injured the plaintiff (the person who filed the claim or lawsuit). In our scenario, perhaps the drunk driver ran into a pedestrian (the plaintiff) at high speed in a crosswalk. Because the pedestrian would not have been injured if the car had not hit them, we can prove the driver’s negligence caused the crash.
- Damages. The plaintiff must have measurable losses from the accident. Physical injuries satisfy this fourth required element.
When the plaintiff can provide evidence of all four of these factors, they can pursue a compensation claim against the defendant for their catastrophic injury.
What Kind of Lawyer Handles Catastrophic Injury Cases?
A catastrophic injury attorney in Winter Haven, FL could help you hold the at-fault party accountable for your wounds and how they have affected your life. A catastrophic injury attorney is a type of personal injury lawyer who handles cases in which the injured person’s wounds have changed their life forever.
The wounded individual suffered trauma that can impact their ability to perform everyday self-care and independent living tasks and support themselves through gainful employment. Catastrophic injury claims typically involve massive medical bills and lost wages, which means they are often high-dollar-value cases.
Your catastrophic injury attorney should know how to build a strong case for compensation, fight against the aggressive tactics of the defendant’s insurance company, and work with medical and rehabilitation expert witnesses.
Recoverable Damages in Winter Haven Catastrophic Injury Claims
If you suffered devastating wounds in Winter Haven caused by an accident that was someone else’s fault, you probably have astronomical expenses as a result. Here are a few of the more common types of monetary damages you pursue from the at-fault party in this situation:
- Medical bills for the initial treatment of your wounds
- Post-crisis rehabilitation with specialized medical interventions specific to your injury, like traumatic brain injury (TBI) or paralysis from spinal cord damage
- Follow-up procedures, like operations
- Ongoing medical treatment and long-term equipment, like oxygen tanks and wheelchairs
- Prescription drugs and pain management
- Lost wages from when you could not work because of the accident and your devastating injuries
- Decreased earning capacity if you cannot make as much money as before the accident because of your impairment
- Disability if you have long-term or permanent limitations from your injuries that restrict your ability to live independently and work to support yourself
- Pain and suffering for the physical discomfort, inconvenience, and emotional distress of the accident and your life-changing wounds
- Other intangible losses like disfigurement, post-traumatic stress disorder (PTSD), and loss of enjoyment of life if you can no longer engage in activities you enjoyed before the accident, like playing with your child or coaching their sports team
If you lost a loved one because of catastrophic injuries that someone else caused through negligence, we could seek additional compensation for the family through a wrongful death claim.
How Long You Have to File a Catastrophic Injury Lawsuit in Winter Haven, Florida
Florida does not let you wait indefinitely to take legal action against the at-fault party for your losses. The deadline can approach quickly after you or a loved one suffers life-changing injuries. Simply getting through an ordinary day can feel like trying to climb a mountain.
Our Winter Haven catastrophic injury attorneys could take care of your catastrophic injury lawsuit on your behalf, leaving you free to deal with all the other challenges of your new reality. You can reach out to us today for a free initial consultation.
The statutes of limitations, also known as filing deadlines, in Florida are:
- Personal injury: 2 years, per Florida Statutes § 95.11(3)(a).
- Wrongful death: 2 years, per Florida Statutes § 95.11(4)(d).
A Winter Haven catastrophic injury lawyer from our team wants to help you, so please do not wait too long to get started.
Getting Started with Dismuke Law’s Winter Haven Catastrophic Injury Lawyers
You will not have any upfront legal fees when we handle your catastrophic injury case. If you do not win, you will not owe us any attorney fees. Contact Dismuke Law today for your free initial consultation.