Any injury that leaves you with physical, financial, or personal losses aftermath can be immensely disruptive to your life for months afterward. However, when an injury is so severe that the damage done will never fully heal, its negative impacts will invariably last for decades afterward—which can be uniquely difficult to account for during a civil lawsuit or settlement demand.
As any seasoned personal injury attorney knows, no amount of money can erase the effects of a permanent and debilitating injury, especially when another person’s misconduct causes your harm. With a capable Clermont catastrophic injury lawyer’s help, you could improve your chances of recovering compensation from the responsible party to ensure you get the medical care you need and deserve.
What Is a Catastrophic Injury?
While the term “catastrophic injury” is widely used around the United States to refer to injuries with permanent and debilitating repercussions, many states do not establish any specific definitions for this term in their respective legal codes. However, Florida is an exception to this trend—to such an extent that the term “catastrophic injury” has different definitions depending on the type of claim.
For example, to step outside Florida’s “no-fault” system and file a lawsuit after a car wreck, an injured person must have suffered a “serious injury.” In this context, a severe injury results in substantial and permanent loss of bodily function and permanent physical disfigurement or is determined by physicians to be likely permanent in some way. Conversely, Florida Statutes § 766.118 defines a “catastrophic injury” for malpractice litigation against a healthcare practitioner as an injury meeting one or more of the following criteria:
- Spinal cord trauma resulting in “severe paralysis” of at least one entire limb or the torso
- Amputation of a limb or any injury resulting in the effective loss of the use of that limb
- Brain trauma resulting in severe losses of sensory, motor, communication, or cerebral function
- Second-degree or third-degree burns affecting at least 25 percent of the body’s total surface area, or third-degree burns affecting at least five percent of the hands or face
- Any injury resulting in total blindness
- Injury to the reproductive organs resulting in total loss of fertility
A skilled attorney in Clermont could demand comprehensive compensation for any catastrophic injury meeting an applicable definition.
Recovering Fair Compensation Within Filing Deadlines
Although catastrophic injuries are typically permanent, injured parties do not have unlimited time to file suit over the harm they sustained. Instead, the standard statute of limitations for personal injury claims established under Fla. Stat. § 95.11 generally applies to these cases.
Therefore, a victim who suffers catastrophic harm because of another person’s misconduct has four years maximum after the incident to begin filing their claim if the accident occurred prior to March 24, 2023, or two years if after that date. That said, contacting a hardworking and experienced lawyer as quickly as possible should be a top priority following a catastrophic accident in Clermont.
Talk to a Catastrophic Injury Attorney in Clermont About Legal Options
No matter how it happens or who caused the event, sustaining a catastrophic injury will almost certainly alter your entire life in moments. In situations like this, having the support of dedicated legal counsel is crucial to protecting your best interests now and for years and years to come.
Speaking with a Clermont catastrophic injury lawyer could offer you clarity about your rights and confidence about the next steps to take toward financial recovery. Call today to set up a meeting.
