What is Catastrophic Injury?
Over the past three years, the state of Florida has consistently averaged around 400,000 accidents per year. Fortunately, most of these accidents involved only property damage or minor injuries. While inconvenient, the parties are able to resume their day-to-day lives with little or no injures. But that doesn’t tell the entire story.
In 2018, there were 403,626 total crashes in Florida. Of those crashes, 152,067 (37.6%) resulted in the injuries of one or more parties. But because not all cars involved in crashes have only the driver as the occupant, 236,157 people were injured. And finally, 19,196 had non-fatal incapacitating injuries. That’s 19,196 individuals whose lives were irreversibly changed in the time it takes for two vehicles to collide.
Types of Catastrophic Injuries
Per 42 USCS § 3796b, a catastrophic injury is “the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.” More broadly, a catastrophic injury is an injury that robs you of your ability to do the things that you were able to do before the accident. With this in mind, catastrophic injuries can include:
- Severe burns
- Ocular or eye damage
- Severed phalanges or limbs
- Broken bones
- Traumatic brain injuries (TBIs)
- Loss of sensitivity
- Hearing loss
- Any condition that causes debilitating pain
- Emotional trauma
Of course, not all of these injury types are classified as “catastrophic” in all cases. The designator largely depends on the severity of the injury and its impact on your lives.
Damages Related to Catastrophic Injury
Most accidents result in damages at some level. Even minor injuries require doctor visits and medication. With catastrophic injuries, the expenses are much more significant. Personal injury lawyers categorize damages as either economic and non-economic.
Economic Damages
Economic damages include anything that has a dollar value. These can include vehicle damage, hospital bills, medication, physical therapy, tests, scans, and lost wages from being unable to work. Economic damages can become substantial as you attempt to recover from your injuries.
Non-Economic Damages
When you’ve been injured in an accident due to someone else’s negligence, particularly a severe accident, it’s not just a monetary issue. You have suffered trauma and your life has been disrupted. You may be experiencing real physical and psychological pain. Non-economic damages cover things like emotional trauma, loss of enjoyment, and pain and suffering.
Making a Full Recovery After an Accident
It may take a long time to make a full or partial recovery after a catastrophic injury. During this time, you may be unable to work. It’s essential that you have an advocate on your side to negotiate with the insurance company, to act as a liaison with your healthcare providers, and to handle other matters regarding your healthcare and settlement. A personal injury attorney who’s experienced at handling catastrophic injuries can be an invaluable resource during your recovery.
Orlando personal injury attorneys work on a contingency basis, which means that they’re only paid once your claim settles or is litigated through the court. If you retain the services of a personal injury law firm, you should allow your lawyer to communicate with the insurance company. Do not accept payment or sign paperwork without having it reviewed by your attorneys. If you’ve been injured in a catastrophic accident, you should seek representation immediately.
