Catastrophic injuries are all too common in the sunshine state today.  Florida is a highly-urbanized state with an extensive and crowded highway system.   Catastrophic injuries, which by nature are severe and long-lasting, typically require extensive and expensive medical treatment. They often rob their victims of the ability to perform basic life functions and diminish their quality of life.  Besides causing physical and psychological impacts, catastrophic injuries can cause financial devastation.

For this reason, it is important for you to hire an experienced Florida personal injury attorney to fight for you in case you suffer such an injury.   

Definition of Catastrophic Injury

There is not a single, straightforward definition of “catastrophic injury” in Florida law.  Florida Statute Section 627.737 defines serious types of injuries incurred in automobile accidents for which a victim may recover for pain and suffering as follows:

(a) Significant and permanent loss of an important bodily function.

(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

(c) Significant and permanent scarring or disfigurement.

(d) Death.

Florida Statute Section 440.15, which deals with workers’ compensation for disability, considers a catastrophic work injury to include:

(a) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;

(b) Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;

(c) Severe brain or closed-head injury.

(d) Second-degree or third-degree burns of 25 percent or more of the total body surface or third-degree burns of 5 percent or more to the face and hands;  and

(e) Total or industrial blindness.

Accidents That Cause Catastrophic Injuries

Most common type of accidents that cause catastrophic injury include:

•   Car Accidents

•   Motorcycle Accidents

•   Defective Products

Proving Catastrophic Injury Cases

In order for you to prevail in a personal injury case, you need to prove that the Defendant’s negligence caused your injury.  Then you have to prove what damages you suffered as a result of this negligence.  In a catastrophic injury case, where the injury typically impacts all domains of the victim’s life,  damages can be very substantial.  It is important that you or your attorney understand all types of compensable damages that you may be eligible for in order for you to get maximal compensation. 

 The Four Elements of Negligence in Florida

Negligence occurs when an individual fails to exercise the level of reasonable care expected to minimize the risk of harm to others. In Florida, negligence laws not only define what constitutes a claim but also outline the types of damages a plaintiff may pursue. The four essential elements of negligence in Florida are duty of care, breach of duty, causation, and damages. Here’s a breakdown:

1. Duty of Care – This refers to the legal obligation a person has to act (or refrain from acting) in a certain way based on their relationship to others. For example, every driver has a duty to operate their vehicle safely and in accordance with traffic laws to protect others on the road. Similarly, a business owner has a duty to take reasonable measures to keep their premises safe for visitors.

2. Breach of Duty – A breach occurs when someone fails to uphold their duty of care. For instance, a driver breaches this duty by speeding, tailgating, or being distracted while driving. A business owner breaches their duty by neglecting to promptly clean up a spill or fix a leaking freezer that creates a hazard in a walkway.

3. Causation – Causation links the breach of duty directly to the harm suffered. While it might seem straightforward, determining causation can be complex, especially in cases involving multiple parties or factors. To establish causation, it must be shown that the breach of duty logically and foreseeably led to the injury or damage.

4. Damages – Finally, the plaintiff must demonstrate that they suffered compensable injuries or losses due to the breach of duty. This can be proven through evidence like medical bills, lost wages, or property damage assessments. Additionally, non-economic damages such as pain and suffering or loss of enjoyment of life are also recoverable under Florida law. 

 Proving Your Case at Trial

In order to prevail at trial, you must prove the elements above by a preponderance of the evidence (in other words, show that it is more likely than not that the Defendant was negligent). You may need to hire experts, such as medical doctors, to establish the extent of your injuries and the present and future costs of treatment. You will also need to gather evidence concerning the Defendant's allegedly negligent action, which may involve taking statements from him under oath (depositions) or getting physical custody of evidence (through the use subpoenas).

 If you or a loved one are injured in South Florida, contact Florida injury attorney John Clarke at  (954)556-8952 today for a free consultation!