How Do I Figure Out the Value of My Florida Injury Claim?
Victims who sustain catastrophic injuries during a Tampa car accident are typically forced to deal with exorbitant medical costs, missing wages, lifelong physical and/or mental handicaps, and a potential lifetime of uncertainty. Regrettably, the state of Florida restricts the amount of financial compensation that can be awarded to victims who are suffering from catastrophic injuries in a personal injury claim.
What Is a Catastrophic Injury?
A catastrophic injury is legally defined as a life-altering injury that causes the victim notable handicap or death. In Florida, as in most states, the below-listed injuries are deemed catastrophic:
- Any injury to the spinal cord that causes quadriplegia or paraplegia
- The loss of both hands, both feet, or one or both of each
- Third-degree burns that cover 40% or more of their body or third-degree burns covering at least 40% of their face
- Wrongful death of any parent who has a surviving minor child
Florida’s Cap on Catastrophic Injury Damages
Florida does not place a maximum on economic damages. Economic damages have a precise value that can be verified with things such as hospital bills and pay stubs. Essentially, if the plaintiff is able to prove that they sustained economic losses at the hands of the defendant, then the defendant will be responsible for repaying the full value of those losses to the plaintiff, no matter how large they may be.
Some of the more common economic damages include medical costs, physical therapy, lost income, loss of future earning potential, funeral costs, and loss of employment, and potential business opportunities.
Catastrophically injured victims might also be entitled to seek financial compensation for non-economic damages. These could include:
- Emotional and physical distress
- Loss of companionship, society, and consortium
- Loss of enjoyment
- Loss of physical and/or mental health
- Impaired physical functioning
In Florida, there is a cap of $750,000 on these types of damages. In other words, the maximum amount that your personal injury attorney is going to be able to collect for all of your non-economic damages is $750,000. The sole exception to this damage cap pertains to medical malpractice suits, which are restricted to a $500,000 limit.
Proving that your injuries qualify as catastrophic can be difficult. You should never underestimate the legal representation of a qualified Tampa personal injury attorney with a proven track record of obtaining fair financial compensation for their injured clients.
The Florida personal injury attorneys at Fulgencio Law have assisted numerous injury victims when it comes to recovering fair compensation for their accident-related damages. We don’t ask for any up-front legal fees when we agree to represent you.
We encourage you to reach out to our office and schedule a free consultation by calling (813) 463-0123. Our attorneys will examine the details of your accident, evaluate whether or not your injuries qualify as catastrophic, and answer any and all questions you might have about the legal process of filing a Tampa personal injury claim.
