Catastrophic Injury vs. Personal Injury Claims: A Fair Comparison
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Personal Injury Law
Personal injury is a broad category of legal claims that involve accidental injuries caused by a failure to exercise reasonable care. Examples include, but are not limited to, the following:
· wrongful death cases from transportation accidents
· trucking accidents
· construction accidents
· dog bites
· OSHA violations
· product liability
· medical malpractice
The applicable definitions and applications of “injury” and “reasonable care” are determined on a case-by-case basis, but there are a few principles that are consistent across the board. First, to qualify as personal injury, the incident must involve a violation of the individual's rights outside his or her rights in property. Second, the injuries can be the result of either negligence or recklessness. And third, the injuries must be a foreseeable result of the defendant’s behavior, meaning that the plaintiff knew the potential for harm prior to their actions. Auto accident attorneys in Lakewood Ranch, FL, malpractice attorneys, accident settlement attorneys, and defamation attorneys are all considered personal injury attorneys.
When a foreseeable personal injury has occurred as the result of negligence or recklessness, defendants can be held liable for damages. Defendants can defend against liability by demonstrating that the plaintiff clearly assumed all the risk prior to the event or that there were intervening causes or pre-existing conditions that absolve the defendant from liability. Successful plaintiffs may be able to recover damages for medical expenses, lost current and future earnings, property damage, attorney’s fees, and pain and suffering following personal injury.
Because the category of personal injury cases is so broad, personal injury attorneys in Lakewood Ranch, FL, often classify the most serious injuries as catastrophic injuries and treat them as a separate category.
What qualifies as a catastrophic injury?
Catastrophic injuries are not considered catastrophic because of the nature of the accident, but rather are considered catastrophic because of the impact of the accident on the injured. Catastrophic injuries disrupt the lives of victims and families in overwhelming and often permanent ways. Examples of injuries often classified as catastrophic include the following:
· Spinal cord injuries, including paralysis
· Brain injuries
· Loss of limbs
· Severe burns
· Multiple broken bones
· Severe nerve damage
What factors do personal injury attorneys consider when litigating catastrophic injuries?
The nature and scope of catastrophic injuries and their long-term consequences dictate a greater need to secure compensation for victims and families. Physical, emotional, and financial losses are extreme. Personal injury lawyers in Lakewood Ranch, FL, seek remedies for the following:
· Medical expenses. These expenses include things such as emergency treatment, surgeries, inpatient therapy, rehabilitation, medications, additional treatments, monitoring, accommodative changes, and in-home living assistance.
· Lost income. Income losses from catastrophic injuries come from all directions. There’s the direct income loss due to time away from work, the lost future wages because of diminished earning capacity, and there’s also the financial losses suffered by the family as a whole when caregivers need to take time off work to assist the injured.
· Pain and suffering. While pain and suffering are a non-economic loss, they are not without value. Evaluating the nature and scope of these injuries is a crucial component of assessing damages.
Erjavec Injury Law
Erjavec Injury Law fights for seriously injured victims and their families in Lakewood Ranch, Florida. Our firm handles serious injury cases, and we know they demand a specialized approach. Contact us today for a free consultation and to learn more about our services.