While most people fully recover after being hurt in an accident, some injuries are catastrophic and may permanently affect the victim. Fortunately, you have the right to seek compensation for your injury-related expenses in Rockledge.
A Rockledge catastrophic injury lawyer from Andrew Pickett Law, PLLC can work with you through the legal process. From investigating your accident to calculating your losses, we can handle the fight for compensation while you rest.
What Is Considered a Catastrophic Injury?
Florida law recognized specific impairments stemming from catastrophic injuries. According to Florida Statutes Section 960.03, the cause of permanent impairment may include:
- Spinal cord damage
- Severe brain damage
You can use medical records to prove that you suffered a catastrophic injury. A Rockledge catastrophic injury lawyer can help you compile them when forming your case.
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Establishing Liability for Your Catastrophic Injury Accident
Determining who to hold liable for your catastrophic injury is similar to other injury settlements. There are three ways that a person or an entity can be at fault for your condition:
- Negligence–Based: This is when the at-fault party fails to uphold their duty of care. For example, a motorist would be negligent for texting while driving, as this distracts them from the road.
- Intentional Tort: Instead of acting negligently, the other party willfully, such as during a crime. One example would be getting shot during a robbery or an angry neighbor committing assault and battery against you.
- Strict Liability: In strict liability actions, the liable party did not directly injure you. Instead, something they are responsible for did the harmful act. Some instances of strict liability disputes include dog bites and defective products.
Due to the many possible causes behind a catastrophic injury, the Rockledge catastrophic injury lawyer studies various laws that could be relevant to your situation. For instance, the attorney will check the motor vehicle and other transportation and traffic statutes if you suffered an injury in a traffic accident. It can help determine how the other side wronged you.
Due to the numerous possible causes of a catastrophic injury, our personal injury lawyer investigates various laws that may apply to your situation. For example, the attorney will review the motor vehicle and other transportation and traffic statutes if you were injured in a traffic accident. In addition, it can assist you in determining how the other party wronged you.
The injury lawyer can also assist in collecting evidence of the catastrophic injury incident, such as photos, videos, and witness testimonies.
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Pursuing Compensation After a Rockledge Catastrophic Injury Accident
Unless the liable side settles the matter with you privately, you have two ways to recover damages from them. The first is by filing a liability claim with their insurance provider. The second is through suing them directly with a lawsuit.
If you had a catastrophic injury in an auto collision, your condition’s severity would pass the tort thresholds in Florida Statutes Section 627.737. This qualifies you for third-party actions instead of forcing you to only rely on your PIP coverage.
Filing Liability Insurance Claims
Catastrophic injury victims usually file claims first unless advised to bring a lawsuit instead. Depending on who is at fault, you may have to file the claim with the at-fault party’s homeowners’ or business insurance.
Homeowners’ insurance typically includes liability coverage. This can help shoulder your injury expenses when the policyholder is at fault. While liability coverage is not mandatory for Rockledge businesses, they may still carry this to protect themselves from paying out of pocket.
If you do not accept the insurance company’s initial offer, the Rockledge catastrophic injury lawyer can assist with negotiating for a fairer settlement.
Taking a Catastrophic Injury Lawsuit to Court
The Rockledge catastrophic injury lawyer may advise you to file a lawsuit if the liability claim does not work. For example, the at-fault party might not have enough liability coverage to cover your costs completely. They may also be uninsured. Insurance companies are also unlikely to accept claims if their policyholder harmed you intentionally.
In a civil lawsuit, the Brevard County Circuit Court will determine your recoverable damages. Though cases generally take multiple court proceedings before concluding, the catastrophic injury attorney can represent you for the whole duration.
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Your Recoverable Catastrophic Injury Damages
If the catastrophic injury claim or case settles successfully, you can recover damages for your losses. The Rockledge catastrophic injury lawyer can also assist with estimating your claim or case’s value, which is the sum of your damages. These come in two main types:
- Economic Damages: These compensate for your past, current, and future expenses, such as hospitalizations, medications, and therapy sessions. If you can no longer work due to your injury, you can also get damages for lost wages and replacement services.
- Non–Economic Damages: Meanwhile, these pay for the pain and suffering caused by your catastrophic injury. Some examples include your disability, disfigurement, and emotional trauma.
If you lost a loved one in an accident, our wrongful death lawyers can handle your case.
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Other Statutes Can Affect Your Catastrophic Injury Case
Take a look at a few other laws that could affect your case.
Complying with Filing Deadlines
Like all injury cases in Florida, your Rockledge catastrophic injury follows the statute of limitations in Florida Statutes Section 95.11. That means you have four years to file your action before it automatically gets dismissed.
However, the Rockledge catastrophic injury lawyer can check for tolling exceptions to see if your deadline has extensions.
Sharing Fault Reduces Your Damages
Do note that winning the settlement does not guarantee you can recover all your damages despite your grievous injuries. Under Florida Statutes Section 768.81, your recoverable damages could get reduced if you are partly liable for your catastrophic injury. For instance, if you are 30 percent liable in a T-bone collision, you will only recover 70 percent of the settlement amount.
The Rockledge catastrophic injury lawyer can review everything first before filing your claim. It helps them find inconsistencies and other weak points in your evidence or statements that the opposing side could use to pin more liability on you.
Work With Our Catastrophic Injury Accident Attorney Serving Rockledge
Catastrophic injuries are not only distressing but also expensive to deal with. However, if someone in Rockledge is at fault for your suffering, the office of Andrew Pickett Law can help. Since 2009, we have handled personal injury cases in Brevard County, including catastrophic injuries. Our team is ready to guide you through your situation.
Call us today to get started on your free consultation.