Catastrophic Injury Lawyer in Florida: What You Need to Know Right Now

Key Highlights

• Victims of catastrophic injuries (catastrophic injuries) often rely on a Florida catastrophic injury attorney to assist with obtaining compensation for these types of life-changing injuries. 
• Florida catastrophic injury claims frequently contain claims of traumatic brain injury, spinal cord dysfunction, amputations, and severe burn injuries. 
• The evidence, testimony, and documentation for these types of claims will determine what is covered and how much money will be awarded. 
• Under Florida law, a catastrophic injury victim has the right to recover compensation even if he/she does not prove someone else is at fault for the injury. 
• By hiring a Florida catastrophic injury lawyer early on, evidence is preserved and a larger settlement can be obtained.

What Does a Catastrophic Injury Lawyer Do in Florida?

Many Florida residents are unprepared for how drastically and rapidly life changes after suffering a catastrophic injury. Additionally, they have little understanding of how quickly insurance companies will try to limit their payouts. In addition to being unlike typical injury claims, cases involving catastrophic injuries also involve permanent disabilities, ongoing medical care for the rest of one’s life, diminished earning capability, and complicated calculations for damages. Making initial mistakes (such as providing a recorded statement or not seeking legal assistance until much later) will negatively impact an injured victim’s case. Seeking legal help early on is crucial in order to protect vital evidence and preserve an injured victim’s rights for compensation in the future.

My name is Alex J. Kompothecras, and I am a lawyer with Alpha Law Group who has helped people throughout the state of Florida have their lives change forever due to a catastrophic injury. One thing I hear quite often from my clients is that no matter how obvious their injury is to them and to others, the insurance companies always dispute liability or minimize the long-term effects, and also claim that they will not need any future medical treatment. Delay almost always helps the defense in cases involving catastrophic injuries.

Alpha Law Group‘s purpose is to provide education to people who have been impacted by an accident resulting in severe personal injury, and to help them reach solutions through the use of legal counsel. Through understanding the role of a catastrophic injury attorney, early intervention is vitally important in helping a person who has been injured and their family achieve the maximum amount of compensation possible for the cost of medical treatment, the loss of income, and the long-term effects of the injury itself.

What Is Considered a Catastrophic Injury?

Catastrophic injuries are those that lead to a permanent or long-term disability, affecting a person’s capacity to work, to live independently, and/or to enjoy his/her life as he/she did prior to the injury, for an extended period of time.

In the state of Florida, these injuries usually include the following areas of concern:

• Permanent physical impairment 
• Long-term or lifelong medical treatment 
• An inability to return to previous employment 
• A loss of independence or cognitive function

Examples of Catastrophic Injuries

• Traumatic brain injury (TBI) 
• Spinal cord injury and paralysis 
• Amputation or loss of limb 
• Severe burn injury 
• Permanent blindness or deafness 
• Multiple orthopedic injuries resulting in permanent impairment of use

These types of injuries will likely never fully resolve and will require ongoing medical care and support.

What Makes an Injury “Catastrophic” Under Florida Law?

In Florida, the courts do not use one definition to determine catastrophic injuries. They look at the following determinations of injury to determine if the injury meets the definition:

• Permanent disability 
• Substantial loss of any bodily function 
• Continuing medical treatment or care 
• Not being able to earn an income as before the injury.

If all four of these conditions are met, then the injury will fall within the criteria of a catastrophic personal injury and will have increased compensation limits.

Real Florida Data: Why Catastrophic Injuries Matter

Traumatic brain injuries in Florida are responsible for more than 50,000 people being hospitalized each year. flhealthcharts.gov

Lifetime care costs for spinal cord injury will vary based on the severity of the injury and can range from $1.2 million (less severe) to more than $5 million (severe). nscisc.uab.edu

Therefore, catastrophic injury cases differ from typical injury cases in many ways.

What Is Catastrophic Injury Law?

The law governing catastrophic injury cases is centered on those cases where permanent harm has been sustained (and thus very high dollar amounts) and requires an advanced legal and financial analysis of all relevant information, including:

• Life-care planning 
• Estimates of future medical expenses 
• Vocational/economic expert testimony 
• Trust or structured settlement options

The catastrophic personal injury lawyer will build a case to compensate for losses both now and in the future, possibly for decades to come.

Common Causes of Catastrophic Injuries in Florida

Most people have experienced an injury in their life; however, the majority of injuries can result from totally preventable incidents. Examples include:

• Car accidents 
• Motorcycle and bike accidents 
• Pedestrian accidents 
• Worksite accidents and falls 
• Medical negligence

The number of residents and visitors in the State of Florida increases the risk of these types of injuries across the state.

Types of Catastrophic Injury Cases We Handle

Catastrophic Brain Injury Lawyer Representation

Traumatic brain injury can have long-lasting consequences on memory, personality, speech, and physical ability. Even a mild traumatic brain injury can result in continual challenges throughout one’s lifetime. At the Alpha Law Group, we will work with our team of neurologists and neuropsychologists to develop an accurate assessment of cognitive loss, future care requirements, and long-term limitations in functional capabilities.

Spinal Cord Injuries and Paralysis

Victims of spinal cord injury often become paraplegic or quadriplegic, necessitating the use of a wheelchair, modifications to their homes, assistive technology and assistance with daily living. These are significant impact injuries and will require substantial amounts of medical documentation, life care plans and economic analyses to determine the overall financial obligation represented by these injuries (multi-million dollar lifetime costs).

Amputations and Loss of Limbs

The amputated limb can have a profound impact on mobility, independence, jobs, and mental well-being. Compensation for amputation injuries should include the full range of costs for all future replacements or enhancements of prosthetic limbs and devices, as well as for physical therapy and psychological care.

Severe Burn Injuries

Multiple surgeries, skin grafting, and long-term rehabilitation are typically required when someone has severe burn injuries. Survivors are most likely to develop permanent scarring, nerve impairment, and psychological trauma. Yet these cases often contain complex medical evidence that supports a thorough assessment of damages that include both physical and emotional suffering.

Who Can Be Held Liable in a Catastrophic Injury Case?

The determination of who is liable for an injury will depend on the events leading up to the injury happening. Liable parties can include:

• A negligent driver 
• A building or property owner 
• A hiring company or employer 
• A contractor/subcontractor 
• Defective product manufacturer 
• A government entity

All liable parties should be identified to obtain the maximum compensation possible.

What Compensation Can a Catastrophic Injury Attorney Recover?

Economic Damages

• Past and future medical expenses 
• Rehabilitation and therapy 
• Assistive devices and home modifications 
• Lost wages and future earning capacity

Non-Economic Damages

• Pain and suffering 
• Emotional distress 
• Loss of enjoyment of life 
• Loss of companionship

Table: Typical Catastrophic Injury Damages

What Is the Average Bodily Injury Settlement in Florida?

Florida does not have an established “average” valuation for settle settlement of catastrophic injury claims; it depends on many factors including type of injury, extent of injuries, expected future costs of treatment and rehabilitation, loss of potential earning ability; evidence of liability of defendant; and available insurance coverage limits.

Because catastrophic injuries typically require long-term care and create life-long impairments, catastrophic injury settlements are typically six to seven-figure amounts, reflecting the enormous financial and emotional strain that catastrophic injuries place on victims, their families, and society.

Florida’s Comparative Negligence Rule

Florida has no real standard for what an average bodily injury settlement amount might be for catastrophic injuries. The amount of compensation will vary based on the severity of a person’s injuries and their future medical needs, loss of future grosses, strength of liability, and insurance limits.

The majority of cases will have settlement amounts that are in the range of six or seven figures. Florida’s modified comparative negligence statute requires that the injured party must have been less than fifty percent (50%) at fault for the injury to pursue recovery, meaning that all damages awarded will be reduced based upon the injured party’s fault rating. Therefore, having skilled legal representation will be imperative.

What Does Catastrophic Insurance Cover, and What Doesn’t It?

What Catastrophic Coverage Pays For

Generally, catastrophic health insurance includes support for those who need urgent medical attention right away after an accident or injury. Typically, this would include hospital stays, emergency medical care, or any type of major surgical procedure that would help stabilize the person until other forms of treatment are available.

These catastrophic benefits are limited to addressing the immediate health care needs of the individual, and are not designed to provide assistance with longer-term financial and personal challenges that may result from a catastrophic injury.

What It Often Does NOT Cover

Long-term rehabilitation, in-home care, lost income and pain and suffering are often excluded from the catastrophic injury provisions of insurance policies. Oftentimes, the ongoing losses sustained due to the catastrophic injury will last for many years or even a lifetime.

The injured person will need to seek legal representation from an attorney skilled in handling catastrophic injuries to assist them in recovering for these losses through a lawsuit.

Case Study: Securing Lifetime Care for a Florida Catastrophic Injury Victim

By Attorney Alex J. Kompothecras, Alpha Law Group

A 42-year-old construction worker in Florida was injured while working in construction following an accident, which resulted in permanent changes. He became paraplegic and now has no pole to steadiness or strength. He can’t work or live independently. The contractor responsible for the accident initially denied any liability, claiming that the injury was partially caused by pre-existing conditions and questioning the need for continued medical treatment and home renovations.

We began by determining the all potential liable parties and collecting evidence so we could show through our expert testimony that the contractor’s negligence caused the serious injury on/ to our client. We immediately began to gather the appropriate documentation to substantiate our claims: police report; witness statements; hospital/medical records; safety inspections; etc.

We also hired qualified life-care planning experts and vocational economists to assist us in establishing what will be the total extent of our client’s damages. From this work, we learned that it would cost more than $4.5 million over our client’s lifetime for medical care, surgery and rehabilitation ($1.8 million), adaptive equipment and home modifications ($350,000), lost wages and losing future financial income ($2.2 million) and general pain, suffering and emotional distress ($1.1 million).

Result:

The insurance company acknowledged its entire responsibility for the accidents after receiving the expert reports and evidence. The Client received a $554,000 settlement that provided them with lifetime medical benefits and financial support throughout their entire life, as well as compensation for emotional and physical suffering without going through an extensive trial process.

Why Choose Alpha Law Group?

The Alpha Law Group is a firm that focuses on catastrophic injuries and has extensive experience in handling complex claims that result in life-changing injuries to individuals across the state of Florida. The firm has a team of experts in both medicine and economics who analyze the damage done to a client’s body and finances and develop a long-term plan for their future care needs.

Additionally, The Alpha Law Group prepares all cases for trial, but provides its clients with personalized legal strategies that meet their specific individual circumstances. The firm is dedicated to achieving results for its clients and operates on a contingency fee basis meaning clients do not incur any legal fees unless the firm successfully recovers damages for the client. The firm understands that when someone suffers a catastrophic injury, experience means everything.

Speak With a Florida Catastrophic Injury Lawyer Today

The impact of catastrophic injury will last forever and affects the legal, financial, and medical realms in multiple ways. Most insurance companies do their best to downplay the effects of permanent injury or to minimize the amount of compensation they provide to the injured party. The sooner you have an attorney who specializes in catastrophic injury lawyer near me, the more likely it will be for you to preserve the evidence, obtain an accurate calculation of damages, and obtain everything necessary for you to obtain full compensation for your medical expenses, lost wages, and loss of enjoyment of life.

Attorney’s at Alpha Law Group represent clients from throughout the state of Florida who have sustained serious physical injuries, including traumatic brain injury, spinal cord injury, loss of limb, and severe burns. If someone has suffered a catastrophic injury, having an attorney’s assistance can have a significant effect on the likelihood of success in providing for the future of the person who is injured.”

Call (941)-304-1500 today for a free consultation and get clear answers about your options.

Frequently Asked Questions

1. What is considered catastrophic injury?

A bad injury will leave you never to be the same as before. You will be unable to do the things you loved before and will no longer be able to enjoy yourself, be self-sufficient, or work because of your injury.

2. What is the average bodily injury settlement in Florida?

Many times catastrophic injuries receive settlements of thousands or numerous millions. The severity of your injury and how many people are liable affect these amounts.

3. What is catastrophic injury law?

Catastroph Injury Laws are a category of high-value claims in personal injury cases that may result in a permanent impact on the life of the individual. This includes provisions for a life-care plan to include future needs related to the rehabilitation from injury, and estimated future medical costs, along with expert testimony about any long-term limitations related to the injury.

4. What is an example of a catastrophic injury?

Some examples would be a traumatic brain injury; spinal cord injury; an amputation; severe burns; complete or partial loss of sight or hearing; and multiple fractures resulting in residual issues related to a person’s ability to function.

5. What does catastrophic coverage not cover?

Long-term rehabilitation, at-home care, loss of wages, and emotional distress are also excluded from catastrophic coverage. To recover these types of expenses, legal recourse may be needed for expenses incurred as a result of being uncovered.