The costs of a catastrophic injury are substantial. Those costs, though, are the responsibility of whoever is at fault for the injury, and those who are injured have the right to seek restitution for their losses. This process, though, can often be a challenging one, involving negotiations with resistant insurance providers and possibly needing to go to court. An injured person’s strongest chance of getting fair compensation often involves working with a Miami catastrophic injury lawyer at Callejo Law.
Catastrophic injuries are particularly serious injuries. They are often characterized by the extensive medical treatment and rehabilitation needed for recovery and the possibility of life-long consequences. Many of these injuries result in permanent disabilities that could impact a person’s work and daily life. Some of the more common kinds of catastrophic injuries include:
Working with a Miami catastrophic injury lawyer can often be crucial for those who are looking to give themselves a strong opportunity to receive the compensation that they are owed. They can:
Their first task usually involves investigating the full circumstances around the injury. They can work to both understand who the liable parties are and collect evidence that can be used to persuade the court of their liability. They also look for evidence that may be helpful in defending any accusation that you are responsible for the injuries. Under comparative negligence, this could hurt your damage award. Therefore, your lawyer must be prepared to defend against the claims.
The next phase of the process will usually involve a period of negotiation to see if a settlement might be reached. A settlement could have some advantages for both parties. It avoids the lengthy months or years that could be involved with going through the court. It also avoids the risk involved with a trial, where it’s possible that you may receive a ruling not in your favor. A settlement creates an agreed-upon amount that both parties are comfortable with.
Allowing a lawyer to negotiate on your behalf through this process is often beneficial. It typically means that you won’t see the same lowball offers that happen when someone attempts to negotiate on their own. The insurance companies that are usually on the other side of these negotiations often recognize that it would be a waste of time. When faced with a lawyer, they also recognize the real threat of a court case and could be motivated to get a settlement done.
Sometimes, though, a settlement is just not possible in Miami, CA. In that case, your lawyer can represent you in court and through the legal process. They are responsible for demonstrating fault on the part of the defendant while arguing against any claims that you were at fault. Your Miami catastrophic injury lawyer can advocate to achieve fair compensation for what’s occurred.
The central component of all personal injury claims, which is what a catastrophic injury claim would fall under, is proving that the defendant is responsible for the costs that the plaintiff has incurred as a result of the injuries. This is done by demonstrating negligence on the part of the defendant, which requires proving the three components of negligence:
When someone is participating in some activity that could impact others, they have a duty to take reasonable precautions to ensure that their actions won’t create unnecessary and unforeseen risks for others. This is known as a duty of care, and it will be different depending on the situation in which the injury occurs. The duty of care for a driver of a motor vehicle is very different from the duty of care for a business that offers white water rafting tours. Your lawyer must describe what kind of duty existed in the situation
A breach of duty occurs when someone fails to meet their duty of care. As with the duty of care, what constitutes a breach of that duty is going to differ based on the circumstances. Some breaches are well-understood, such as a failure to follow traffic laws in a car accident. Others, though, might be less familiar and require an expert witness to explain how the behavior was a breach.
The breach must be the direct cause of injury that the plaintiff suffered. Usually, this is by way of some kind of accident or other incident. In that case, it must first be shown that the breach was the direct cause of the accident and that the accident was the direct cause of the injuries that were suffered.
Generally, a person with catastrophic injuries will be compensated through two forms of damages:
Because of their severity, catastrophic injuries often have a significant amount of economic damages. This is because there are often substantial medical costs, and those, along with any property damage and lost wages, are addressed through economic damages.
In many catastrophic injury cases, it’s likely that the medical needs and diminished work capacity will continue beyond the date of a settlement or court case. That’s why future medical costs and lost earning capacity are also addressed through these damages.
These damages cover the psychological and emotional costs of an injury. For a catastrophic injury and the life-altering impact they have, these are often significant costs. The money won’t fix anything directly, but can hopefully make living with these impacts more tolerable.
A: The deadline for filing a claim is determined by the statute of limitations. In most cases, the statute of limitations for a personal injury claim in Florida is four years. This means that, within four years of the incident that caused the injury, you must file a claim. However, while four years is the general rule, there can be some variance, depending on:
A: Comparative negligence is a doctrine that Florida personal injury claims operate under. It has the potential to reduce the damages awarded to you. Under these rules, the defendant will attempt to show that the plaintiff was responsible, to some extent, for their own injuries.
If they are successfully able to prove this, then the plaintiff will have their damages reduced proportionately to their share of the blame. For instance, if a defendant is determined to be 15% at fault on a damages award of $1 million, they will receive $850,000.
A: The restitution in a personal injury claim is paid through damages. These will only cover those costs that your lawyer is able to demonstrate are a direct result of the injuries that were caused by the breach. This is the full causal link that creates liability for these costs. Compensation will usually be paid through economic and non-economic damages.
A: If someone’s injuries are so serious and significant that they are unable to bring a claim for themselves, there are still a few options. In some cases, it may be possible for a qualified family member or legal guardian to bring a claim on behalf of the injured party. In other circumstances, the court may even appoint a legal guardian if the injured party doesn’t already have one.
However, if the person is expected to recover to the point where they may be able to file a claim themselves, then the statute of limitations could be tolled, or paused, until they have recovered enough to make the claim themselves.
Catastrophic injuries are some of the most serious that someone could suffer, and they often have significant long-term consequences. There are usually substantial medical bills, along with ongoing care. Missed work and possibly not being able to return to work may also result. All this can take a tremendous psychological and emotional toll on the injured person and their family. These costs, though, are the responsibility of those who caused the injury.
To hold the responsible parties accountable for what they owe can often be a difficult process. In many cases, it’s not even these parties directly who are responsible for paying, but rather their insurance companies. There are often disputes regarding the appropriate amount, however.
It is critical to work with a Miami catastrophic injury lawyer and law firm, like Callejo Law, to give yourself a strong chance of getting what you’re owed. We are ready to help you seek fair compensation, whether through negotiation or in the courtroom. Contact us at our Coral Gables office today to discuss your catastrophic injury situation. If you speak Spanish, our attorney is also fluent in that language and ready to help you.
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