On almost any day in major Florida cities, a motor vehicle accident causes catastrophic injuries. The term “catastrophic” is more than just descriptive. The difference between a catastrophic injury and other personal injuries is outlined in state law, and it can affect a claim for a personal injury in Miami, Florida.
The Differences Between Personal and Catastrophic Injuries
There are three key differences between a personal injury and a catastrophic injury. The first two relate to the severity of the injury and the impact it has on the victim’s life. The third comes into play in personal injury cases when victims pursue compensation for their financial losses.
Personal Injuries
Personal injury cases hinge on negligence — the action or inaction of a person or entity that causes another person to suffer bodily harm. If the victim can establish negligence, they can pursue compensation for losses such as medical expenses, missed time at work, and physical and mental pain and suffering.
While a noncatastrophic injury case may involve financial losses and suffering, these effects are generally short-term. The injury will eventually heal, even if it takes some time or requires major surgery. With medical care and rehabilitative therapy, the victim can rejoin the workforce and resume their life.
Common noncatastrophic personal injuries include whiplash, cuts and scrapes, broken bones, puncture wounds, herniated discs, and mild concussions. Motorcyclists may experience moderate road rash.
Catastrophic Injuries
In everyday language, “catastrophic” refers to dramatic events that cause extensive damage or human suffering. When used as a legal and medical term, it may refer to “a permanent, severely disabling injury, disorder, or illness.”
Florida law defines “catastrophic injury” as a “permanent impairment,” but the law goes deeper by outlining what injuries are considered catastrophic. They include:
- Spinal cord injuries leading to severe paralysis of a leg, an arm, or the trunk
- Amputations of limbs or appendages (i.e., arm, hand, foot, or leg)
- Severe brain or closed-head injuries
- Certain types of second-degree or third-degree burns
- Total or industrial blindness (vision impairment that prevents the victim from working)
A recent Miami-area vehicle-related pedestrian accident provides an example of catastrophic injuries. The crash occurred in the Ives Estates residential subdivision located between Fort Lauderdale and Miami.
An Amazon driver slammed into a mother pushing her infant in a stroller across a crosswalk. The baby was thrown from the carriage, and the mother sustained head injuries, including a fractured skull, subdural hematoma, and brain bleed. An attorney described the mother as a “shell of what she used to be.”
Catastrophic Injury Impacts
The effects of a catastrophic injury can only be measured in years, and often the victim’s remaining years of life. After the injury, you may not be able to work again, at least in a way that significantly contributes to your household. You may have to undergo frequent medical treatments or therapies.
A catastrophic injury not only impacts your life; it also affects your entire family. Your loved ones must shoulder the income loss and assume your household duties. Your spouse and children may no longer be able to receive your affection. Your spouse may leave their job to be a full-time caregiver.
Losing a hand, for example, is a catastrophic injury. The loss is permanent and life-changing. You will have to relearn how to manage housework, personal hygiene, and everyday tasks like driving.
Additionally, most jobs demand two functioning hands. If you’re a construction worker, hairstylist, or police officer, you may lose your career and be unable to start a new one.
How the Distinction Impacts Your Case
A catastrophic injury claim is more likely to lead to a large settlement due to the injury’s lifelong impacts. The victim’s losses may include:
- High medical expenses
- Substantial lost income
- Permanent disability
- Disfigurement
- Pain, suffering, and mental anguish
Some permanent disabilities require assistive technologies, such as wheelchairs and modifications to the victim’s home and car.
Because catastrophic injuries involve higher settlements, insurance companies fight harder to minimize their losses. When you’ve been severely injured, you may be in no shape to go up against an insurer. It might seem like an impossible hill to climb. Usually, the only way to climb it is with a personal injury lawyer.
A personal injury attorney will gather extensive evidence, such as the police report, medical records, eyewitness testimony, photos and videos of the accident scene, and documents confirming your prior income. They may also retain expert witnesses to testify about the incident, your medical care, and the injury’s long-term impacts.
As with any personal injury claim, a catastrophic injury case can get complicated when multiple parties share the blame. Some victims file claims against more than one party in order to get full compensation. A catastrophic injury attorney will have experience identifying multiple liable parties and filing actions against each.
Although settlement figures for catastrophic injury claims are substantially higher than the average personal injury claim, the timelines to resolve these cases run longer. But when an injury dramatically alters the victim’s way of life and subjects them to extreme financial loss and suffering, the tougher fight and extended wait may be worth it.
FAQ
What Is Evidence That a Brain or Closed-Head Injury Is Severe?
According to Florida law, evidence of a severe head injury includes sensory or motor disturbances, communication disturbances, complex integrated disturbances of cerebral function, or episodic neurological disorders. These symptoms point to significant changes in how the brain functions.
Is the Statute of Limitations Longer for Catastrophic Injury Cases?
No. In most Florida personal injury cases, the victim has two years from the date of the accident to file.
Will My Catastrophic Injury Case Go to Court?
It’s possible, but most personal injury cases conclude with a negotiated settlement.
Did You Sustain a Catastrophic Injury?
If you suffered a catastrophic personal injury in Miami, Florida, contact Ratzan Weissman & Boldt for a free consultation. Our skilled personal injury attorneys are prepared to take your case.