Catastrophic Injury Lawyer Serving Orlando
Providing Aggressive Advocacy for the Injured
At Gunn Law Group, P.A., our deliberate emphasis is on the most severe and intricate personal injury cases. Our attorneys serving Orlando, FL specializing in catastrophic injuries are undaunted by claims that other law firms may deem “too difficult.”
With the guidance of a former insurance defense attorney at the helm of our firm, we are fully prepared to advocate for and empower our clients facing catastrophic injuries. We know how to fight for the maximum compensation available and will not stop until you have the money you need.
We fight in and out of court for our clients. Call our team at 813-228-7070 now to learn more.
What Is a Catastrophic Injury?
A catastrophic injury is a severe injury that results in long-term or permanent disability, significant medical treatment, and a profound impact on the injured person’s quality of life. They can change the course of your life in an instant. These injuries often require extensive medical care, rehabilitation, and personal support.
Catastrophic injuries include:
- Traumatic Brain Injuries (TBI): These can range from concussions to severe brain damage, potentially causing cognitive, physical, and emotional impairments.
- Spinal Cord Injuries: These can result in partial or complete paralysis, affecting mobility and bodily functions.
- Amputations: The loss of a limb can have a major impact on a person’s ability to perform daily activities and may require prosthetics and rehabilitation.
- Severe Burns: Extensive burns can lead to disfigurement, long-term medical treatment, and psychological trauma.
- Multiple Fractures: Especially those involving complex breaks or affecting major bones, which can limit mobility and functionality.
- Organ Damage: Severe injuries to internal organs may require surgeries, long-term treatment, and can lead to chronic health issues.
- Vision or Hearing Loss: Significant loss of sensory abilities can greatly impact daily life and independence.
- Disfigurement: Significant alteration to a person’s appearance due to injury or surgery, which can lead to psychological trauma and impact social interactions and self-esteem.
- Toxic Exposure: Toxic exposure occurs when a person comes into contact with harmful chemicals or substances that can cause significant health problems.
Insurance companies may try to deny coverage or reduce payouts if they can argue that a catastrophic injury is not truly “catastrophic.” That is why you need an attorney who knows how to fight for you.
Common Causes of Catastrophic Injuries
We represent individuals who have suffered catastrophic injuries caused by:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Bicycle & pedestrian accidents
- Trucking accidents
- Premises liability
- Slip and fall accidents
- Defective products
- Medical malpractice
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Workplace accidents
- Overexertion/overwork
- Defective products
- Criminal attacks
Who Can File A Catastrophic Injury Claim in Orlando, FL?
In Orlando, FL, a catastrophic injury claim can typically be filed by the following parties:
- The Injured Individual: The person who suffered the catastrophic injury has the primary right to file a claim. They can seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.
- A Legal Guardian or Conservator: If the injured individual is a minor or is incapacitated and unable to file the claim themselves, a legal guardian or conservator can file the claim on their behalf.
- Family Members: In some cases, close family members such as spouses, parents, or children may have the right to file a claim. This is particularly relevant in cases where the injury has resulted in the death of the victim (wrongful death claims) or where the family members have suffered a loss of consortium or companionship.
- Personal Representatives: In the event that the catastrophic injury results in the death of the injured party, the personal representative (executor or administrator) of the deceased’s estate can file a wrongful death claim on behalf of the estate and the surviving family members.
- Legal Counsel: Attorneys representing the injured party or their family members can file the claim on their behalf. Hiring an experienced personal injury attorney is often advisable to navigate the legal complexities and ensure that the claim is filed correctly and promptly.
Who Is Liable For A Catastrophic Injury in FL?
In Florida, liability for a catastrophic injury depends on proving negligence. This means the injured person (plaintiff) must show that the other party (defendant) owed them a duty of care, breached that duty, and the breach caused the catastrophic injury.
The following parties are often found liable in catastrophic injury cases:
- Negligent Drivers: In cases of motor vehicle accidents, the driver who caused the accident through negligence, such as reckless driving, DUI, or traffic violations, can be held liable.
- Employers: In workplace accidents, especially in construction or industrial settings, the employer may be liable if they failed to provide a safe working environment, proper training, or adequate safety equipment.
- Medical Professionals: Doctors, nurses, or other healthcare providers can be held liable for medical malpractice if their negligence leads to a catastrophic injury, such as surgical errors or misdiagnosis.
- Property Owners: In premises liability cases, property owners can be liable if someone is injured on their property due to unsafe conditions, such as wet floors, inadequate security, or building code violations.
- Manufacturers: If a defective product causes a catastrophic injury, the manufacturer, distributor, or retailer of the product can be held liable under product liability laws.
- Government Entities: In some cases, government entities can be held liable for injuries caused by unsafe road conditions, failure to maintain public spaces, or negligence by government employees.
- Other Parties: In some situations, multiple parties may share liability. For example, in a truck accident, both the truck driver and the trucking company may be liable. Similarly, in a medical malpractice case, both the hospital and the individual healthcare provider may share liability.
Determining liability often requires a thorough investigation to establish negligence or fault. Consulting with an experienced catastrophic injury attorney serving Orlando, FL can help identify the responsible parties and build a strong case for compensation.
Florida Statute of Limitations for Catastrophic Injury Cases
In Florida, the statute of limitations for catastrophic injury cases allows a period of two years from the date of the injury within the state’s jurisdiction. This timeframe also applies if the injury was diagnosed or became reasonably noticeable at a later date, which proves beneficial for cases involving brain injuries and chronic illnesses.
However, it is advisable not to wait until the entire two-year period has elapsed before taking legal action. Waiting too long can lead to a loss of crucial case details. We encourage you to consult with our catastrophic injury attorneys serving Orlando as soon as possible.
Proving a Catastrophic Injury in Orlando, FL
Proving a catastrophic injury in Florida involves demonstrating the severity of the injury, establishing liability, and showing the impact of the injury on the victim’s life.
Gather Medical Evidence:
- Obtain comprehensive medical records detailing the nature and extent of the injury.
- Secure testimony from treating physicians and medical experts to explain the injury’s impact and prognosis.
- Collect diagnostic tests, such as X-rays, MRIs, CT scans, and other relevant medical imaging.
Document the Accident:
- Obtain police reports or incident reports related to the accident.
- Gather witness statements from people who saw the accident or have relevant information.
- Collect photographs or videos of the accident scene, injuries, and any contributing factors (e.g., damaged vehicles, hazardous conditions).
Establish Liability:
- Prove that the defendant’s negligence or wrongful actions caused the catastrophic injury.
- Collect evidence of negligence, such as traffic citations, violation of safety regulations, or failure to provide adequate warnings.
- Show that the defendant had a duty of care towards the victim and breached that duty, resulting in the injury.
Demonstrate the Impact of the Injury:
- Provide evidence of how the injury has affected the victim’s ability to work and perform daily activities.
- Show the long-term or permanent nature of the injury through medical testimony and documentation.
- Document the emotional and psychological impact of the injury on the victim and their family.
Calculate Damages:
- Compile records of medical expenses, including hospital bills, rehabilitation costs, and future medical care needs.
- Document lost wages and potential loss of future earning capacity.
- Provide evidence of pain and suffering, emotional distress, and loss of enjoyment of life through personal testimony and expert analysis.
Expert Testimony:
- Utilize experts in various fields, such as medical professionals, accident reconstructionists, and vocational experts, to strengthen the case.
- Expert testimony can help establish the cause of the injury, the extent of damages, and the long-term implications for the victim.
Legal Representation:
- Engage an experienced injury attorney who specializes in catastrophic injury cases.
- An attorney can help navigate the legal process, gather and present evidence, negotiate with insurance companies, and advocate for fair compensation.
Proving a catastrophic injury requires a comprehensive and detailed approach to ensure that all aspects of the injury and its impact are thoroughly documented and presented.
Compensation and Benefits You Need
You may be eligible for compensation if your catastrophic injury was caused by someone else’s negligence.
Depending on your case, you may be eligible for:
- Monthly payments
- Lump sum payments
- Future medical expenses
- Future lost wages
- Future pain and suffering
- Future reductions in quality of life
Catastrophic injuries can cause lifelong disabilities. They can make it impossible to work and can dramatically reduce your quality of life. If you or a loved one suffered a catastrophic injury, you may be eligible for monthly benefits and a lump sum payment to cover all of your future needs.