How Much is My Florida Personal Injury Claim Worth?Tampa Bay Legal News
Vehicle occupants who receive critical injuries in a car accident in Tampa usually have to find a way to deal with excessive medical bills, lost income, permanent mental and/or physical handicaps, and possibly a lifetime of pain and uncertainty. Unfortunately, the state of Florida limits the total amount of financial recovery that can be granted to victims who are suffering from serious injuries in a Florida personal injury claim.
What Is a Catastrophic Injury?
A critical injury is legally defined as a life-changing injury that results in the injured person experiencing a significant handicap or a fatality. In Florida, like most states, the injuries listed below are considered critical/catastrophic:
- Any damage to the spinal cord that results in paraplegia or quadriplegia
- The amputation of both feet, both hands, or both or one of each
- Third-degree burns covering at least 40% of the body
- Third-degree burns covering 40% or more of the face
- A surviving minor child who endured the wrongful death of a parent
The Limit on Damages
The state of Florida does not impose a limit on economic losses. Economic losses are losses that have an exact monetary value that can be confirmed by things like bills, receipts, and pay stubs. Basically, if the victim can show that they endured financial losses due to the behavior or actions of the defendant, then the defendant could be held liable for compensating the victim for the total cost of their losses, no matter how much that might be.
A few of the more traditional economic losses include hospital bills, physical therapy, lost wages, diminished future earning potential, burial costs, and loss of potential business and employment opportunities.
Victims who are catastrophically injured may also be able to solicit monetary compensation for non-economic damages as well. These may include:
- Physical and emotional trauma
- Loss of consortium, companionship, and society
- Loss of life enjoyment
- Loss of mental and/or physical health
- Impaired physical ability
Florida sets a limit of $750,000 on these kinds of damages. This means that the most that your car accident attorney will be able to obtain for all non-economic damages is $750,000. The one exception to this limit is with a medical malpractice suit, which would be limited to $500,000.
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.