If you have suffered a catastrophic injury due to the negligence of another person or entity, you usually can take legal action against the at-fault party. The last thing that many people want to think about after a devastating accident is filing a lawsuit, but a compensation award can make a critical difference when it comes to paying for short-term and long-term costs. The experienced Pembroke Pines catastrophic injury lawyers at Cohn & Smith have represented many individuals who have been hurt because someone else failed to use proper care. We can help you pursue the amount of compensation that is appropriate for the harm that you have suffered.Taking Legal Action After Suffering a Catastrophic Injury
According to the American Medical Association, a catastrophic injury refers to a severe blow to the spine, spinal cord, or brain, as well as related areas. It may be so devastating that it leaves a victim incapacitated, paraplegic, or quadriplegic, and it may result in permanent disability, long-term medical conditions, or a shortened life expectancy.
One useful way to cope with the burdens of this situation is to bring a negligence lawsuit against the party that caused the harm. In most circumstances, Florida law defines negligence as the failure to use reasonable care, which is the level of caution that a prudent person would have used under similar circumstances. A failure to meet this standard could expose an individual or entity to liability if the victim can show that the defendant’s careless action, or breach, led directly to his or her harm. This usually means demonstrating that the accident was reasonably foreseeable and that the injured person would not have been hurt if the defendant had not violated the standard of reasonable care.
In addition, the victim must indicate damages that can be traced with adequate certainty to the accident. Some of these costs may be economic and relatively objective, such as hospital bills and lost wages or the costs of repairing a vehicle. Other types of harm can be more subjective, including pain and suffering or other non-economic damages.
Florida is a comparative negligence state, which means the jury decides how much fault should be allocated to each person responsible for an accident. The damages are apportioned accordingly. For example, if the victim is found to be 20 percent at fault, his or her total recovery will be reduced by 20 percent. The defendant, then, will only have to pay up to 80 percent of the total damages arising from the accident if the defendant is found liable for the remainder of the harm.
In some tragic instances, an accident is so severe that it leads to a fatality. When this happens, close family members of the deceased person can bring a wrongful death action against responsible parties in order to recover damages. Types of damages that may be available often include those related to medical and funeral expenses, the victim’s conscious suffering before death, and compensation based on the victim’s relationship with his or her relatives, such as the loss of companionship, consortium, or support.Contact a Catastrophic Injury Attorney in Pembroke Pines
We know that serious or catastrophic injuries can have long-term or even permanent consequences, and we are committed to holding responsible parties accountable for their negligence. At Cohn & Smith, our skilled personal injury lawyers have helped residents of Hollywood and other South Florida cities assert their right to compensation. To schedule an appointment with one of our knowledgeable Pembroke Pines catastrophic injury attorneys, contact us online or call us at 954-431-8100. We have assisted individuals from Sunrise, Coral Springs, and North Dade County, as well as other areas.