Call Us Today Accidents happen in many ways and cause many different types of injuries. You can recover from some injuries quickly, while others can take much longer. A Fort Myers catastrophic injury lawyer can help you get compensation for significant injuries.
Our team at Viles & Beckman can protect your rights if someone injures you through an act of negligence. We back our services with 40 years of combined experience. A Fort Myers personal injury lawyer can help you get the compensation you need for your future needs.
We stand up for you if someone else’s negligence or recklessness caused your accident. Find out more by calling or completing our online contact form.
Do You Need a Catastrophic Injury Lawyer?
You may need help from a catastrophic injury lawyer after an injury. These cases are complex due to the need to consult with medical experts and others who can give the court an accurate glimpse into the lifetime of care and treatment you require.
A lawyer will walk you through the legal process, support your claim, and help you avoid common mistakes.
Functions of a Catastrophic Injury Lawyer
Having an experienced personal injury lawyer on your case will provide you with the following:
- A case value that considers future expenses and intangibles, such as how your injuries have altered your life
- A skilled negotiator who aggressively pursues all avenues of compensation and a fair settlement
- An experienced litigator who will present all of the essential details to the court to obtain the maximum damage award you can receive in your case.
Compensation from a personal injury case tends to be a one-shot deal. Whatever you receive through a settlement or award is likely all the compensation you will ever get for your injuries, and it must cover a lifetime of expenses.
Expect More, Receive More: Legal Support That Feels Like Family
How Is a Case’s Value Determined?
When you hear the words “value” or “worth” used in relation to a personal injury claim, be aware that this is not a statement of the importance of the case. Every personal injury claim is vital to the injured individual and the lawyer taking the case.
However, establishing a value or worth to a case is based on the expenses and impacts your injury has incurred and will incur throughout your life. Plaintiffs might seek three types of damages in a personal injury case:
Economic Damages
Economic damages are quantifiable expenditures, such as medical, surgical, and rehabilitative expenses, property damage, the cost of hiring someone to do household chores that the plaintiff can no longer do, lost wages, and loss of future earning capacity.
Non-Economic Damages
Individuals have a more challenging time putting a dollar amount on non-economic damages. These damages may include pain, suffering, mental anguish, permanent disability, and loss of consortium.
Punitive Damages
Punitive damages are not related to the plaintiff’s injuries. The court uses punitive damages to “punish” the defendant monetarily for particularly egregious or repeated acts of negligence or recklessness.
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How to Calculate Damages After a Catastrophic Injury
While economic damages are relatively easy to calculate based on actual medical bills, lost wages and estimates of future expenses are based on similar cases involving similar injuries.
Non-economic damages are sometimes figured by taking the total amount of economic damages and multiplying that number by 1.5 to up to 5 or even higher in some instances. Lawyers use a higher multiplier in cases where:
- The other party’s fault in the accident is obvious and almost total.
- The injuries were observed and detected by a medical evaluation.
- The injuries are painful and traumatic, requiring surgical treatment, or are so severe that doctors cannot successfully heal them.
- Recovery takes more than six months.
- The injury has a permanent consequence, such as pain, immobility, weakness, discomfort, or scarring.
- Physicians clearly indicate that the injuries will result in recurring, degenerative, or future problems.
A Fort Myers catastrophic injury lawyer can estimate the total value of your claim quickly.
Click To ContactAre Catastrophic Injury Lawsuits Different from Other Personal Injury Lawsuits?
Other than having a higher value and the ability to move past the no-fault phase following a car accident, a catastrophic injury lawsuit is the same as other personal injury lawsuits. Some of the highlights of Florida’s personal injury law include:
Negligence
A plaintiff must prove that the defendant acted negligently in all personal injury cases. To establish negligence, the plaintiff must show that they were (1) owed a duty of care by the defendant and (2) injured due to a breach of that duty of care.
Statute of Limitations
Those wishing to file a personal injury lawsuit in Florida generally have two years from the date of the accident to do so. In some circumstances, this time limit is shorter, such as actions filed against governmental entities.
You should contact an attorney immediately following your accident to ensure you don’t miss any deadlines.
Comparative Negligence
You can still seek compensation in cases where you are partially responsible for the accident that caused your injuries. However, you’ll receive far less compensation in these cases.
The Liable Parties
In Florida personal injury cases, joint and several liability applies. That means that multiple parties may hold liability for the plaintiff’s injuries, and the court has a structured method of apportioning the amount of liability.
Those found to be no more than 10% responsible for the accident are not required to pay for the victim’s expenses. Those who are more than 10% and under 25% responsible are liable for up to $500,000.
Those between 25% and 50% responsible for the accident owe the plaintiff up to $1 million in damages. Parties over 50% responsible for the accident may pay up to $2 million for the victim’s damages.
Collateral Source Rule
In Florida personal injury cases, the defendant cannot use payments that your insurance provider has made toward your medical bills as evidence against you to reduce the amount of compensation that he or she owes you for your injuries.
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The Impact of Catastrophic Injuries on Your Personal Injury Claim
Florida’s no-fault state status for personal injury claims resulting from motor vehicle accidents means that most injured people must first file a claim with their own Personal Injury Protection policies to recover compensation for medical expenses and missed wages from work.
However, if the injury is considered severe or permanent, victims may also choose to recover compensation through a personal injury lawsuit, which will also consider pain and suffering-type damages.
Known as the severe injury threshold, the types of injuries that pave the way for a personal injury lawsuit include:
- Significant and permanent loss of an important bodily function
- Permanent injury, within a reasonable degree of medical probability, other than scarring and disfigurement
- Significant scarring and disfigurement
- Death
Catastrophic injuries have enormous consequences on an individual’s life, including the financial impact of care. These types of injuries can affect the relationships that the victim has with their family, the ability to work, choices as to where the victim will live, and many other issues.
That is why determining the value of a catastrophic injury claim is one of the most critical aspects of the case.
What Is a Catastrophic Injury?
The legal system defines a catastrophic injury as one that causes long-term, debilitating symptoms that require a lengthy recovery if recovery is even possible. Often, an individual with catastrophic injuries will be unable to perform any gainful work.
The victims of catastrophic injuries may have permanent disabilities that impact not only their financial future but also place a tremendous burden on family members and impact all facets of the injured person’s life. Some common catastrophic injuries include:
Traumatic Brain Injury
Traumatic brain injuries generally result from a violent jolt or blow to the head. While the symptoms of mild brain injuries often subside after a short time, more severe injuries to the brain can result in a lifetime of medical complications and even death.
These injuries produce symptoms such as profound confusion, combativeness or agitation, slurred speech, and coma or other disorders of consciousness. Widespread damage to the brain cells may cause an individual to fall into a vegetative state.
Many people with traumatic brain injuries also develop seizures, infections, fluid buildup on the brain, and cognitive problems. Victims may need to talk to an experienced traumatic brain injury lawyer in Fort Myers for assistance.
Blindness
The National Library of Medicine defines blindness as a permanent loss of vision that you cannot correct with glasses or contact lenses.
Accidents involving chemical burns to the eyes or sports injuries are among the most common causes of blindness, which can also result from a head injury.
Amputation
The Amputee Coalition reports that nearly two million people live in the United States with an amputated limb, and 45% of limb amputations occur due to injuries suffered in accidents.
Below-the-knee leg amputations are the most common type of limb amputation, with 185,000 new cases of lower extremity amputations each year. The estimated cost of amputations to the private and public insurance agencies in America is $12 billion annually.
Severe Burns
Healthline defines a severe burn as a third-degree, with widespread thickness and a white leathery appearance, or as fourth-degree, which includes the symptoms of third-degree but extends past the skin to the muscles and tendons.
Some causes of severe burns include fires, scalding hot liquids, chemicals, and electrical burns. Chemical and electrical burns are of particular concern, as they can cause internal damage and damage to the skin, muscles, and tendons.
Severe burns carry an extreme risk of scarring and disfigurement, loss of use of a joint, low body temperature, low blood volume, and infection. A Fort Myers burn injury lawyer may be able to assess your case.
Organ Damage
Organ damage suffered in a car accident may take days to detect. Common organ damage resulting from accidents includes an abdominal aorta aneurysm caused by compression on the stomach.
These broken ribs can puncture or damage internal organs, such as a pneumothorax, which occurs when a broken rib punctures the lung and causes air to flood the chest cavity, or a ruptured spleen, which is responsible for internal bleeding.
Spinal Cord Injury
Most spinal cord injuries come from trauma to the vertebral column that impacts the body’s ability to send and receive messages from the brain to the body’s systems that control motor and automatic function below the level of the injury.
A Fort Myers spinal cord injury lawyer could help you build a strong case if your accident was someone else’s fault. Spinal cord injuries often result in partial or complete paralysis.
Spinal cord injury patients suffer many associated complications, have a shorter life expectancy, and generally require assistance and adaptive devices to complete everyday tasks.
What Types of Accidents do Fort Myers Catastrophic Injury Lawyers Handle?
Fort Myers catastrophic injury attorneys represent clients in various personal injury accidents, including:
Auto Accidents
A Fort Myers car accident lawyer can help after car crashes, truck accidents, motorcycle accidents, and bicycle accidents caused by drunk drivers, distracted drivers, or reckless driving.
Slip and Fall Accidents
Your Fort Myers slip-and-fall accident lawyer can assist with injuries from wet floors, poor lighting, or uneven pavement due to negligent property owners.
Medical Malpractice
You may have a valid claim for compensation for injuries caused by a doctor, nurse, or other medical professional’s negligence.
Boating Accidents
A Fort Myers boating accident lawyer can help you secure compensation for catastrophic injuries caused by reckless or drunk boat operators.
FAQs for a Catastrophic Injury Lawyer
If you believe someone else’s negligence caused your injuries, a Fort Myers catastrophic injury attorney can help you navigate the legal system and fight for fair compensation. Here are some frequently asked questions for educational purposes only:
What Compensation Can You Recover for a Catastrophic Injury?
A personal injury lawyer can fight for maximum compensation for your damages, including medical expenses, lost wages, pain and suffering, and loss of Enjoyment of Life.
How Much does a Catastrophic Injury Lawyer Cost?
Fort Myers catastrophic injury lawyers typically work on a contingency fee basis, meaning we only get paid if we win your case. Our attorney’s fee is usually a percentage of the settlement you receive.
What Should You Do After a Catastrophic Injury?
Personal injury attorneys recommend that you take certain steps after a major injury. Make sure you:
- Seek Medical Attention. Your health is the priority. Get a medical evaluation and follow your doctor’s treatment plan.
- Gather Evidence. If possible, take photos of the accident scene and collect contact information from witnesses.
- Keep Records. Save all medical bills, receipts, and other documents related to your accident and injury.
You should also reach out to a law firm for immediate advice.
How Long do You Have to File a Personal Injury Claim in Florida?
The statute of limitations in Florida is generally two years from the date of your accident. However, it’s essential to contact a lawyer as soon as possible to avoid missing deadlines.
Should You Accept the First Offer From the Insurance Company?
Insurance companies often try to settle claims quickly for less than what you deserve. An attorney can negotiate for a fair settlement that reflects the full extent of your damages.
Can a Catastrophic Injury Lawyer Help if the Accident Wasn’t Entirely Your Fault?
Florida follows a comparative negligence law. Therefore, your compensation may drop based on your percentage of fault in the accident. We can still fight for compensation even if you were partially at fault.
Fort Myers Catastrophic Injury Lawyers Fighting for You Like Family
The aftermath of a catastrophic injury can be incredibly overwhelming. Between the physical pain, emotional distress, and mounting medical bills, you may not know where to turn. A personal injury attorney can strongly advocate for you during this challenging time.
A Fort Myers catastrophic injury lawyer can fight for maximum compensation from responsible parties, including insurance companies. Contact Viles & Beckman today for a free consultation and take the first step towards recovery.
Viles & Beckman, LLC
6350 Presidential Court
Fort Myers, FL 33919
T: (239) 334-3933
Call or text (239) 334-3933 or complete a Free Case Evaluation form
