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If you have sustained catastrophic injuries due to the negligence of another party, the law provides a path for seeking monetary damages. Catastrophic injuries include amputation, traumatic brain injury, or spinal cord injury. There is often tremendous fallout as accident victims must not only confront the pain and suffering but also take on the economic challenges as well.
At Kogan & DiSalvo, Florida’s premier personal injury law firm, we are passionate about fighting for victims and their families. Contact a Spring Hill personal injury attorney as soon as possible. We can fight for your right to recover compensation for your medical expenses, lost wages, and pain and suffering. Schedule a free consultation today.
In Florida, a catastrophic injury must interfere with your day-to-day activities to meet the severe injury threshold, e.g., losing a central body function, disfigurement, or scarring;
Common examples include the following:
The most common causes of catastrophic injuries include the following:
A victim of a catastrophic injury deserves full compensation for their pain and suffering from the at-fault party. Trust our team at Kogan & DiSalvo to pursue a fair and reasonable financial recovery for your past and future damages.
To hold the at-fault party legally responsible for catastrophic injuries, the burden is on the plaintiff and their lawyer to prove they were negligent. Negligence occurs when someone breaches their “duty of care” to you. A duty of care is a legal responsibility to exercise reasonable caution around others. For example, all motorists have a duty of care to follow traffic laws and drive as safely as possible. Driving under the influence, speeding, or otherwise violating a traffic law would be considered a breach of duty.
Further, as of March 2023, Florida personal injury cases, including those involving catastrophic injuries, are now governed by the doctrine of “modified comparative negligence.” Plaintiffs can still recover compensation as long as their fault is deemed to be 50 percent or less. However, their damages award will be reduced proportionally to their degree of fault.
For example, a plaintiff is awarded $100,000 in a personal injury claim, but their fault, determined by a judge or jury, is 20 percent. Their total award is then reduced to $80,000.
Catastrophic injuries require extensive medical treatment and rehabilitation. However, the damages incurred in these cases go beyond just medical bills; they include a wide range of losses that impact every aspect of a victim’s life. If you have sustained a severe injury, you may be eligible for the following economic and non-economic damages:
You need a skilled legal team to assess and calculate your future expenses accurately. At Kogan & DiSalvo, we are committed to ensuring that every aspect of your suffering is acknowledged and compensated.
Gathering convincing evidence is another crucial aspect of building a successful catastrophic injury claim. Here are some key types of evidence that can strengthen your case:
It’s also crucial to save all related documents, including your medical bills, transportation costs for all medical appointments, and any assistive devices you’ve purchased.
At Kogan & DiSalvo, we understand the immense financial burdens accompanying catastrophic injuries. We have also seen how insurance companies exploit this vulnerability, pressuring victims into accepting quick settlements that will not cover the extent of the damages. While individuals can move forward without legal counsel, doing so in catastrophic injury cases is not advised due to the complexity and high stakes involved.
A Spring Hill catastrophic injury lawyer can manage all aspects of your claim from beginning to end while ensuring you are fully supported and informed at every step in the process, including:
Note that the new statute of limitations is two years from the date of the accident. While that might seem like a long time, contacting a lawyer as soon as possible is best. Important evidence, such as CCTV footage, can be erased, or witnesses can be challenging to locate.
After a catastrophic injury, you need a legal team that you can trust to fight for you with unwavering dedication and commitment. We are prepared to leverage our in-depth knowledge, experience, and resources on your behalf. If you or a loved one has suffered a catastrophic injury in Spring Hill, in Hernando County, we can help. Contact us to schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.