Defining A ‘Catastrophic’ Florida Personal Injury
The legal theory of personal injury involves any case where a person is injured due to the negligence of someone else. If you have been injured due to another person’s negligence, you likely have the right to file suit against them, seeking damages for the harm you have experienced. If your injury is “catastrophic,” you may be entitled to greater recovery – but in some cases, it can affect the nature of your case for good or ill. The right attorney can help to clarify matters.
Far More Serious
Florida law defines a catastrophic injury as one that has at least some permanent effect – including, but not limited to, conditions like traumatic brain injuries (TBIs), loss of a limb, and serious burns (second or third degree) on more than 25 percent of the body. While any injury caused by another person’s negligence is, at least in theory, compensable, a catastrophic injury may open some legal doors that a standard injury leaves closed.
One of the most common examples is in medical malpractice cases. While of course, no one wants to suffer a catastrophic injury, Florida law makes provision for those that do by increasing the damage cap for those who have suffered this type of harm. As one might imagine, a catastrophic injury may require extensive medical assistance and upkeep, so the state legislature raised the cap on the amount a plaintiff affected this way can receive.
Auto Accident Cases Are Different
Catastrophic injury is a status that is particularly relevant in auto accident cases. Florida is a no-fault state when it comes to auto insurance, which means that every driver is required to carry what is known as personal injury protection (PIP) coverage. In theory, they are urged to file insurance claims for minor auto accident injuries – however, as many as one in five drivers lack auto insurance entirely, and around 40 percent are under-insured.
If, however, an auto accident injury turns out to be “significant and permanent,” the tort immunity is lifted – in other words, a person with a “significant and permanent” injury may file suit in court against the person or entity that caused them harm, as opposed to going through their insurer. Most people carry only the minimum required PIP insurance (if any), so in order to ensure that their medical bills are paid, those with catastrophic injuries are permitted to file suit to recoup the rest of their expenses.
Contact An Orlando Personal Injury Attorney
If you have been so unfortunate as to experience a catastrophic injury, you need an experienced Orlando personal injury attorney from the Hornsby Law Group to help guide you through the legal process. We can shoulder the legal load while you focus on healing. Call our office today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2024/0960.03
