Catastrophic injuries can devastate accident victims, their families, and caregivers. These injuries can cause physical, psychological, and emotional damage, making it impossible for a victim to remain independent.
The leading cause of death for Americans aged 1 to 44 is unintentional injuries resulting from motor vehicle accidents and falls. According to the National Safety Council, falls account for nearly 33% of all preventable, non-fatal injuries.
Falls are responsible for nearly half of the hospital stays for brain injuries (TBIs) in the United States. People younger than 65 are most likely to suffer spinal cord injuries from car accidents.
Since many people suffer from catastrophic injuries yearly, they need financial support. A Florida catastrophic injury lawyer can help accident victims file for injury claims and pursue compensation for medical bills and other expenses.
If you or someone you love suffered a catastrophic injury from an accident, the experienced catastrophic injury attorneys at Nessler & Associates can help you get the compensation you deserve.
What Is a Catastrophic Injury?
Catastrophic injuries prevent an individual from returning to gainful employment and engaging in everyday activities. An injury to the spine, spinal cord, or brain is commonly described as a catastrophic injury. Accident victims with these injuries may likely require lifelong regular medical care and personal assistance for daily tasks.
The following are some of the most common types of catastrophic injuries:
Traumatic brain injury
A traumatic brain injury (TBI) results from a blow to the head or whiplash. It can cause brain damage and result in bleeding, bruising, contusions or swelling. The resulting impairment can be mild or severe and cause permanent physical and cognitive disabilities. People who suffer a moderate or severe TBI may need ongoing medical care and rehabilitation to help recover.
Spinal cord injury
Spinal cord injuries occur when damage to the spinal cord and surrounding tissues disrupts signals from the brain to other body parts. These injuries often result in paralysis or loss of sensation below where they occurred.
Burns are classified by severity based on the depth and tissue damage they cause. Second- and third-degree burns usually require extensive medical treatment, including skin grafts and wound care. Burn victims may need therapy sessions to regain mobility after suffering severe burns.
Amputation of an upper or a lower limb after a severe accident can cause permanent disability and loss of function. As a result, the amputee can feel depression, anxiety, despair, and weakness due to their disability.
The costs associated with treating a catastrophic injury can be extensive, especially if the victim requires ongoing treatment or rehabilitation. Treatment for a catastrophic injury is typically costly and may include surgeries, hospitalization, rehabilitation, and at-home care.
According to the CDC’s Morbidity and Mortality Weekly Report, the cost of injuries in 2019 was $4.2 trillion. This cost includes health care expenses, lost productivity, and lost quality of life.
A catastrophic injury can leave you with significant medical bills, long-term care needs, and pain and suffering. Working with a personal injury lawyer can help you file a claim for compensation from responsible parties.
How Can a Florida Catastrophic Injury Lawyer Help You Pursue Damages?
Our personal injury attorneys at Nessler & Associates can assist you with navigating the legal system and helping you receive the compensation you deserve. We help families understand their rights and options and ensure they are treated fairly by insurance companies and other parties. Our legal services include:
Investigating the Accident
Your attorney will investigate your accident and all the evidence associated with it. This includes reviewing photos of any damage to property and your injuries. The attorney may also want to interview witnesses who saw what happened or have other pertinent information about what took place.
Assessing Your Claim
Your attorney can help you understand the available compensation in your auto insurance, including PIP no-fault benefits. We can evaluate your doctor’s visits, treatment plans, and out-of-pocket medical expenses for home modifications and assistive devices to calculate your claim.
Your attorney may also estimate the value of lost wages and future earnings loss based on the nature and severity of your injuries.
Explore Your Legal Options
Depending on your injuries and the type of accident, your attorney can explain your legal options. You may file your claim against your auto insurance for PIP benefits.
However, Florida’s no-fault statute allows you to sue the at-fault driver if you sustained a permanent injury in an accident. A permanent injury is considered:
- Loss of an important bodily function
- Reasonable probability of permanent injury
- Scarring or disfigurement
Negotiating Your Compensation
Your attorney will fight hard for every dollar you deserve in compensation for your claim. However, when the at-fault party refuses to settle your case promptly and fairly, we can take it to court.
We can ask expert witnesses familiar with your medical condition to testify in court on your behalf. Expert witnesses may include doctors, nurses, surgeons, psychologists, and other medical professionals who have experience with similar injuries in other cases.
Types of Economic And Non-Economic Damages In Florida
In Florida, you can recover economic and non-economic damages if someone else’s negligence caused your injuries.
Economic damages are intended to compensate the injured person for their financial losses. These damages involve:
- Medical bills
- 80% of lost wages and loss of future earning capacity
- Replacement value of lost personal property
- Property value loss based on appraisal
This compensation pays you for these intangible losses, such as:
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
- Physical impairment
The surviving family members of an accident victim can file a wrongful death claim if the accident results in death. Damages for a wrongful death claim include:
- Medical expenses
- Funeral costs
- Loss of companionship
- Mental pain and suffering
A wrongful death claim can also include the financial support the victim would have provided to their family over their lifetime.
How Long Do Catastrophic Injury Cases Take Before Settlement?
Catastrophic injury cases can take a long time to settle due to negotiations between your lawyer, the at-fault driver, or the insurance company. Most negotiations end when both parties agree to a fair settlement.
They can take weeks, several months, or even years. However, according to Florida insurance laws, insurance companies must pay settlements within 20 days of negotiating the claim.
What Are the Characteristics of the Best Lawyer to Represent Me?
There are a few key characteristics you should look for when choosing a lawyer to represent you in a catastrophic injury case.
Extensive Legal Experience in Your Case
You can look for an attorney with previous legal experience handling similar cases to yours. This ensures that they are familiar with the applicable laws and have the skills to advocate for you effectively. For example, if you have suffered a TBI due to someone else’s negligence, you need an attorney with experience handling TBI cases.
A lawyer should be accessible and answer your questions as soon as possible. It is essential to quickly get in touch with your lawyer during a challenging time and feel confident that they are working hard on your behalf.
Compassionate and Understanding
Your attorney will explain everything clearly so that you understand what is going on with your case and the options available at each stage. Your lawyer should be by your side throughout the entire legal process, and it is crucial to have someone you feel comfortable confiding in and who will treat you with respect.
Nessler & Associates Helps Victims of Catastrophic Injuries
When you or a loved one is catastrophically injured, the experienced personal injury attorneys at Nessler & Associates understand your physical and financial challenges. We are committed to pursuing the total and fair compensation you deserve for your injuries, whether they occured by using defective products, as a result of medical malpractice or due to a car crash or construction site accident.
We have successfully represented many victims of catastrophic injuries, including those caused by car accidents, truck accidents, motorcycle accidents, and slip and fall accidents.
We know what it takes to win these complex cases and will do everything we can to get you the best possible result. We work on a contingency basis, meaning you only have to pay us if we settle your case.
Contact us today at (800) 727-8010 for a free consultation to discuss your claim and learn your legal options.