The cause of a catastrophic injury in Florida could entitle you to compensation for resulting damages and their life-altering effect on you. The Mount Dora catastrophic injury lawyers at The Umansky Law Firm provide the victims of catastrophic injuries with representation in the pursuit of recovering compensation through a lawsuit or settlement.
Catastrophic injury lawsuits are often complex legal cases because at-fault parties may raise greater defenses to reduce their liability and your chance at full compensation. The help of an experienced personal injury lawyer could be especially beneficial in navigating these complexities and overcoming them. Learn more about what catastrophic injuries are, their compensable damages, how to prove fault, and the deadline to file a claim by calling us as soon as possible.
Catastrophic injuries are generally those that have a serious and debilitating effect on your body. These types of injuries can be temporary but are often permanent, causing disfigurement, loss of use, or even eventual death. Some examples of catastrophic injuries could include brain trauma, neck and spine injuries, paralysis and neurological damage, amputated limbs, severe burns and scarring, and other life-threatening conditions.
Catastrophic injuries can happen in many different situations and settings, whether accidental or intentional. Some common examples of catastrophic injury causes could include the following situations:
When another party’s actions are responsible for causing your injury, you might have grounds to file a legal claim against them. Determining the cause of your catastrophic injury is not always easy and is one example of how our Mount Dora attorneys could help your case. We can investigate the events of an injury and gather key evidence to establish the fault of another party. This evidence may include witness testimony, photos, video recordings, medical opinions, and written reports from first responders. Our lawyers know how to request and access this information.
Legal liability for a catastrophic injury generally requires proof that a party was negligent or acted intentionally in its cause. Negligence exists when a party breaches their duty of reasonable care to you through their actions and cause your injury. For example, a driver may breach their duty by speeding, texting and driving, or otherwise violating Florida’s traffic laws. Alternatively, a landowner might breach a duty to visitors by not cleaning a spill that creates a slip and fall hazard or properly warning of a severe defect on their property.
A common issue in catastrophic injury cases is the comparative fault of the injured person. For example, a T-bone collision where one driver was speeding through an intersection and the other driver disregarded a stop sign. In these situations, the comparative fault rule applies and could limit your compensation in proportion to your percentage of fault. If your fault is greater than 50 percent, then the comparative fault rule prohibits any recovery of damages under Section 768.81(6).
The compensation available for your catastrophic injury depends on its severity and your related damages. However, you may be able to recover compensation for pain and suffering, medical costs, and lost future earnings. Your ability to work after a catastrophic injury and the other impacts it has to your quality of life will be key in your potential economic and non-economic damages. In addition, you may be able to recover punitive damages for catastrophic injuries in Mount Dora arising from intentional misconduct or gross negligence.
Florida recently lowered its filing deadline from four years to two years for personal injury claims based on negligence. As of March 24, 2023, you will only have two years from the date of your catastrophic injury to file a claim. You can meet with our Mount Dora catastrophic injury lawyers as soon as possible after an incident to determine your filing deadline and evaluate the potential for a lawsuit to recover damages.
Schedule a consultation today so we can determine if you have a claim and what it might be worth.
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