Catastrophic Injury vs. Personal Injury: Understanding the Key Differences
After an accident, you may hear the words “personal injury” and “catastrophic injury” being used. While both terms relate to the harm suffered by victims, they differ in meaning, implications, and compensation one may end up securing. Understanding the key differences between the two is essential if you’re considering filing a claim. This can help you pursue the proper legal path and seek appropriate compensation. If you think you may have a catastrophic injury case, consulting an experienced attorney is crucial.
What Is a Personal Injury?
A personal injury refers to physical or emotional harm caused by someone else’s negligence. These injuries can be minor or serious but are generally temporary and treatable. Some examples of personal injuries include:
- Broken bones or torn ligaments
- Minor scarring
- An eye injury that caused temporary vision loss
- A mild concussion
Although personal injuries can be painful and disrupt your life, a patient can recover with proper medical treatment.
What Is a Catastrophic Injury?
A catastrophic injury, on the other hand, is a severe and life-altering injury. These injuries often require long-term medical treatment and significantly affect one’s ability to work or perform daily activities. Under Florida law, a catastrophic injury is considered to be a permanent impairment. These may include paralysis, blindness, amputations, severe burns, and severe brain injuries like traumatic brain injuries. Unlike minor injuries that may heal over time, catastrophic injuries can lead to permanent disabilities and long-term emotional and financial challenges.
Key Differences Between Minor Injuries and Catastrophic Injuries
While catastrophic injuries fall under personal injury law, not all personal injuries are catastrophic. Below are the key differences:
Severity and Long-Term Impact
While personal injuries can be minor or severe, catastrophic injuries often signify severe harm. Also, while personal injuries may involve short-term medical care, catastrophic injuries usually require extensive medical treatment and may lead to permanent disabilities.
Economic Impact
While both personal and catastrophic injuries can disrupt a victim’s financial well-being, catastrophic injuries usually lead to more significant economic hardship due to ongoing medical expenses, rehabilitation costs, and potential loss of earning capacity.
Legal Damages
In catastrophic injury lawsuits, the damages may be significantly higher than in standard personal injury lawsuits because of increased expenses and the impact on a victim’s quality of life.
How Are Catastrophic Injury Settlements Calculated?
Determining a settlement for a catastrophic injury is complex. Unlike minor injuries that heal, catastrophic injuries often require ongoing care and adapting to a new reality. As such, settlement amounts are significantly higher.
Some of the factors that may influence the compensation you receive include:
- Severity and permanence of the injury
- Medical expenses, including past, present, and future expenses
- Lost wages and its effect on earning capacity
- Pain and suffering
- Home modifications and long-term care
- Punitive damages if there was gross negligence, recklessness, or intentional misconduct
What’s the Average Settlement for a Catastrophic Injury?
While each case is unique, settlements for catastrophic injuries can range from hundreds of thousands to several million dollars. The amount you receive depends on the severity of the injury and the long-term impact on your life.
Our Experienced Tampa Catastrophic Injury Attorneys Can Help
If you suffered a catastrophic injury, contact our experienced Tampa catastrophic injuries lawyers at Gunn Law Group P.A. today to understand your rights and fight for the compensation you deserve.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0960/Sections/0960.03.html
