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When you have a personal injury case, the amount you are entitled to recover depends on several factors. But one of the most important factors is the severity of your injuries. The severity of your injuries will determine your medical needs, how long you will be out of work, and how else the accident will impact your life—all of which play a key role in determining how much your Fort Myers personal injury attorney can seek on your behalf.

What is a “Catastrophic Injury?”

While injuries can be classified in a variety of ways, a term that is often used to describe severe traumatic injuries is “catastrophic.” There is no precise definition of a “catastrophic injury,” but some of the ways this term has been described include:

• “Catastrophic cases are defined as those in which the [victim] has sustained life-threatening injuries or the injury has resulted in extensive functional deficits where the medical recovery is expected to extend over a long or indefinite period of time (traumatic head or spinal cord injuries, severe burns, strokes, multiple fractures, amputations, etc.).” – U.S. Department of Labor
• “’[C]atastrophic injury or illness’ means a permanent, severely disabling injury, disorder, or illness that . . . compromises the ability of the afflicted person to carry out the activities of daily living to such a degree that the person requires—(1) personal or mechanical assistance to leave home or bed; or (2) constant supervision to avoid physical harm to self or others.” – 37 U.S.C. Section 439
• “Catastrophic injuries are defined as fatalities, injuries that result in permanent functional disability, and serious injuries that result in temporary functional disability with full recovery. Examples include spinal cord injuries, brain bleeds, skull fractures, heat stroke, sudden cardiac arrest, internal organ injuries, exertional sickling, rhabdomyolysis, and commotio cordis.” – National Center for Catastrophic Sport Injury Research

Regardless of how a particular organization chooses to describe a catastrophic injury, one thing is clear: Catastrophic injuries have major and long-term (if not permanent) impacts on accident victims’ lives. Thus, while it is important to seek help whenever you have a personal injury claim, it is especially important to seek help if you have suffered a catastrophic injury.

How Does a Catastrophic Injury Affect Your Personal Injury Case?

Suppose you have been diagnosed with a catastrophic injury after an accident in Florida. How will this affect your personal injury case?

As we mentioned above, the severity of your injuries is among the most important factors for determining the value of your personal injury claim. Generally speaking, the greater your losses, the more you are entitled to recover.

However, it is up to you to prove the severity of your injuries and their impact on your finances and daily life. No matter how serious your injuries are, the insurance companies are not going to pay just compensation voluntarily. Even if there is no question that you are entitled to compensation, you still need to prove what is “just” under the circumstances at hand.

This is one reason—among many—why working with an experienced Fort Myers personal injury attorney throughout your case is important. Your attorney will be able to deal with the insurance companies for you, and your attorney will be able to carefully calculate proper compensation for your financial and non-financial losses. This includes calculating just compensation for your:

Long-Term Medical Care and Expenses

Catastrophic injuries can require extensive emergency medical care. They can also require extensive medical care on an ongoing basis. From your initial visit to the emergency room to your surgery, therapy, and prescription needs in the future, you are entitled to proper compensation for all of the past, present, and future costs of your injuries.

Loss of Income and Benefits

If your catastrophic injuries prevent you from doing your job, you are also entitled to compensation for your loss of income and benefits. Here, too, this applies not only to the immediate aftermath of your accident but also to the rest of your lifetime. If you are able to work part-time or in a limited capacity, you are entitled to just compensation for the difference between your actual income and what you would be earning were it not for your injuries.

Other Financial Losses

Along with your medical costs and lost earnings, you are entitled to just compensation for any other financial losses you incur as a result of your catastrophic injuries as well. This can include everything from transportation costs to the cost of hiring someone to perform cleaning, landscaping, and other services that you are no longer able to perform on your own.

Pain, Suffering, and Emotional Trauma

Accident victims diagnosed with catastrophic injuries often experience severe pain, suffering, and emotional trauma. Beyond the costs of treatment and therapy, you are entitled to additional compensation for these “non-financial losses” as well. While financial compensation will not make your pain and suffering go away, recovering the compensation you deserve can help you manage your catastrophic injuries’ effects long-term.

Other Non-Financial Losses

Along with pain, suffering, and emotional trauma, accident victims who suffer catastrophic injuries in Florida are entitled to just compensation for various other non-financial losses as well. These include things like loss of companionship, loss of consortium, and loss of enjoyment of life. Catastrophic injuries can strain relationships, and they can make every aspect of your life more difficult. If your injuries were not your fault, you deserve to recover the maximum compensation that is available.

Discuss Your Case with a Fort Myers Personal Injury Attorney at Spivey Law Firm, Personal Injury Attorneys, P.A.

At Spivey Law Firm, Personal Injury Attorneys, P.A., our clients have unique personal injury cases, and we pursue justice for each one.  Our injury attorneys are well-qualified to represent you or your family in your personal injury case involving catastrophic injuries.  Our history and results for clients show that we have what it takes to provide excellent representation to those who have suffered serious injuries in all types of accidents. 

If you have questions about filing a personal injury claim for catastrophic injuries in Florida, we encourage you to contact us immediately. We have decades of experience helping serious accident victims recover proper compensation. To speak with Randall L. Spivey, an experienced Fort Myers personal injury attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. in confidence, please call 239-337-7483 or Statewide call 888-477-4839 or request a free consultation online at Spiveylaw.com today.