Any injury which stems directly from another person’s reckless or careless actions could potentially be the basis for a lawsuit which could get you compensation for every negative effect that injury produced. Some injuries, though, are so severe that they will never fully heal even with the best possible medical treatment. In a situation like that, money alone cannot possibly restore you to your pre-accident condition.
This is the main thing that makes “catastrophic injury” claims unique, and as any experienced personal injury attorney could tell you, it can have a significant effect on what you ultimately get from your claim. Fortunately, you have help available from a Eustis catastrophic injury lawyer who understands exactly how to handle sensitive and high-stakes cases like yours.
In some states, the term “catastrophic injury” is only used by legal professionals and court officials to refer to especially severe injuries with life-altering consequences. In Florida, formally defining an injury as “catastrophic” or “serious” can actually have a big impact on how a claim proceeds and whether you have legal standing to file a lawsuit at all.
For example, because of the state’s “no-fault” approach to car insurance and car crash litigation, you typically cannot go beyond insurance claims and file a lawsuit against someone who causes an auto accident unless you suffer a “serious injury.” This refers to an injury resulting in substantial and irreversible disability or disfigurement. When it comes to victim assistance for people injured through another person’s criminal act, on the other hand, Florida Statutes § 960.03 defines “catastrophic injury” to mean one of the following:
A Eustis catastrophic injury attorney could provide vital assistance with defining the nature of your injury and establishing through a “preponderance of evidence” that another person’s reckless, careless, or illegal conduct directly caused your injury. Preponderance of evidence is the standard of proof for civil claims, like “beyond a reasonable doubt” is for criminal cases.
For the most part, a person who suffers a catastrophic injury by any definition can seek restitution through a civil claim for the same types of damages that any personal injury claimant could. This often includes economic damages like medical bills and lost work income, and non-economic damages like psychological distress and physical pain.
Since catastrophic injuries will often last for a lifetime, it is especially important to account for long-term forms of harm which will not fully manifest until years after the legal process concludes. On top of that, we will need to identify, estimate the value of, and demand compensation for these losses well in advance of when their actual value becomes clear.
You have a limited amount of time under state law to file suit after suffering an injury through another person’s misconduct. In fact, as our catastrophic accident lawyer in Eustis can further explain, this filing period set by the ”statute of limitations” was dramatically reduced recently thanks to a change in state law. For incidents arising before March 24, 2023, the deadline is four years, while it is just two years for cases arising after that date.
There is no one-size-fits-all approach to getting fair financial restitution for a devastating injury, and the best course of action for you may be entirely different from what would best serve someone else. What is consistent across most of these cases is the importance of representation from experienced legal counsel. That is the most important thing: having someone in your corner who knows every move you should make.
A Eustis catastrophic injury lawyer from The Umansky Law Firm could be the dependable ally you need to obtain your monetary recovery. Call us and discuss how we can help.
The Umansky Law Firm Criminal Defense & Injury Attorneys
