Navigating life after any injury is challenging. The impacts are even worse when that injury is permanent, debilitating, and caused by someone else’s negligence. If you or a loved one have been catastrophically injured in a car accident, you’re entitled to be fairly compensated for your damages, including past, present, and future medical expenses. Our Florida accident attorney, Brett M. Bressler, can help you get the compensation you deserve to begin the path to recovery. Learn more about what you may be entitled to after suffering a catastrophic injury below.
What is a Catastrophic Injury?
A catastrophic injury is a legal classification defined in Florida Statute 960.03(1)(a)—(f). Catastrophic injuries are permanent impairments that require extensive medical treatment over your lifetime and have a significant impact on your ability to live and work independently. These go beyond temporary injuries that can heal with surgeries, therapies, or pain-relieving drugs. Patients suffering from these injuries endure long-term medical care and significant lifestyle changes after an accident.
What Qualifies as a Catastrophic Injury?
Florida law designates specific types of injuries as catastrophic. These include:
- Spinal cord injuries causing paralyzation
- Limb amputation
- Traumatic brain injuries
- Deafness
- Blindness
- Communication disruptions
- Episodic neurological disorders
- 2nd or 3rd degree burns on 25% of the total body surface
- 3rd degree burns on 5% of face or hands
- Loss of physical and mental functions
- Loss of use of a body part
Your injury is also considered catastrophic if it qualifies you for long-term disability or supplemental social security.
Causes of Catastrophic Injuries
Catastrophic injuries are often caused by dangerous auto accidents. These accidents involve drunk drivers, excessive speeds, trucks, or distracted drivers. Motorcyclists, pedestrians, and bicyclists are also prone to these devastating injuries following an accident. Medical and surgical errors due to medical malpractice can also cause catastrophic injuries.
Compensation for the Catastrophically Injured
Catastrophic injuries create a significant financial and emotional burden on families. Here are the types of damages you may be eligible to receive after a catastrophic injury:
Medical Expenses
Medical expenses are significant following a severe injury due to an accident. Your damages should account for your past expenses for hospital stays immediately after the accident, your current therapies and treatments, and long-term management of the condition in the future.
Home Care and Equipment
You can receive compensation for in-home healthcare services and modifications to accommodate medical equipment and devices like wheelchairs in your home and car.
Pain and Suffering
Pain and suffering damages account for the emotional toll your injuries have on your mental health and lifestyle. This includes covering expenses for depression or anxiety treatments and therapy.
Lost Wages and Diminished Earning Capacity
Lost wages compensate for your loss of income due to your injuries and treatments. Diminished earning capacity provides compensation if your injury is so severe that it impacts your ability to work in the future. It also considers whether you need to take a lower-paying job or reduce your working hours because of your injury.
Loss of Enjoyment
Loss of enjoyment factors the impact your injury has on your overall quality of life after the accident. It attempts to compensate you for your inability to participate in hobbies and recreational activities you once enjoyed.
Other Compensation
There are several other types of compensation you may be entitled to after a car accident. We discuss the unanticipated expenses you can recover after a car accident here. These include compensation for a rental car, child care, and hiring services for tasks you can no longer perform yourself. This also covers travel expenses for medical treatment.
How to File A Lawsuit After A Catastrophic Injury
Accident victims in Florida must file a PIP claim through their car insurance to receive compensation for medical treatment after a car accident. However, if you’re catastrophically injured, your medical expenses and damages will likely exceed your plan limit. An experienced catastrophic injury attorney like Brett M. Bressler can help you file a claim with the at-fault driver’s insurance for additional compensation. View our recent case results to see how we’ve been able to help accident victims in Central Florida. Then, call our office at 407-599-2002 or contact us online for a free consultation to discuss your case.
