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A catastrophic injury is a severe life-changing event. Florida law defines a catastrophic injury as a permanent impairment. These injuries include brain damage, spinal cord damage, severe burns, blindness, and amputations. Beyond the extensive physical damage, victims can dive into depression coiled by anger, and the related expenses can cause financial ruin.
If someone else or an entity caused the injury, the law provides the way to become financially whole again. To access the justice system, contact a Stuart catastrophic injury lawyer for a free consultation without any obligation.
An experienced personal injury attorney can assess the strength of the case and advise how best to proceed.
Comparative Negligence in Florida
Florida has adopted the modified comparative negligence standard in assessing who is at fault in an accident. Under this standard, a person who is at fault, or partially at fault, cannot claim all of the damages incurred. Lawmakers’ rationale is that a person who is in any way responsible for causing an accident should be held financially accountable.
In situations when more than one person was at fault, the blame is assigned by a jury based on the facts. If the plaintiff is found 50% or less at fault, their overall recovery is reduced in proportion to their fault. If they are found 51% or more at fault, they are prohibited from recovering entirely. For example, if a plaintiff is found to be 30% at fault for their injuries, they will recover 70% of their damages. Conversely, if a plaintiff is found to be 70 percent at fault, they can’t recover. Damages are proven by evidence and determined by a judge or jury.
To prove fault, the law has elements that must be met.
- Duty of care: This is a legal obligation requiring a person to act with the prudence toward others that a reasonable person would. A judge decides if a duty of care is owed
- Breach: A person commits an act, or fails to act reasonably, violating the duty of care
- Cause in fact: “But for” the breaching act or lack of action, the accident would not have occurred
- Proximate cause: The act or inaction had a foreseeable result in causing harm or property damage
- Damages: A person incurred a monetary loss or injury
Potential Compensation After a Catastrophic Injury
A person harmed by the negligent act of another may sue for damages. These include:
- Medical and therapy treatments and equipment for immediate and long-term care
- Current and future lost income and retraining if the injury prevents the victim from returning to previous employment
- Pain and suffering
- Emotional distress
- Loss of companionship or consortium
- Punitive damages, which are imposed if the negligent act was egregious
- Property damage
Role of a Catastrophic Injury Attorney
Memories of witnesses and those involved in an accident are still fresh soon after the event, so it is best to hire a Stuart catastrophic injury lawyer promptly to help build a strong case. An attorney will gather physical evidence from the scene to help reconstruct the accident, collect medical documents and other pertinent records to prove present and future damages, and calculate the amount of damages to be claimed.
A Stuart catastrophic injury lawyer will interview the parties involved and witnesses under penalty of perjury to present testimonial evidence.
The attorney will build a lawsuit that details the accident, alleges fault, and supports the amount of damages claimed. Once the lawsuit is filed with the court, the legal process continues with various motions from both sides requiring responses from the attorneys. In court, the catastrophic injury lawyer will strategically select jurors and aggressively present the evidence at trial.
Many civil cases never go to trial. In that situation, the attorney will negotiate with the insurance carrier (which tries to limit the amount of damages) to achieve a fair personal injury settlement that the client will accept.
Total reviews: 1599 | Average rating: 4.9
Ivy Knight
Charity Johnson
My team was so kind and I feel like they won my case with no problem at all! Not only was the process faster than expected, but they were always professional and kind. Every time I called Angela Martiuk was always helpful with all my questions so I never had to stress throughout the whole process. ⭐️ Five stars!
Brandon Strausbaugh
Candelyse is a dedicated hard worker, I would highly recommend using this firm for your personal injury case.
Tim Roberts
Jenn was absolutely amazing very helpful and highly recommend
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Jason Viens
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Diana Baker
Thanks to Kogan & DiSalvo Personal Injuries Lawyers exceeded my expectations with their professionalism and results. They genuinely care about their clients and go above and beyond to help.
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Frank Miller
Jenn is one of the nicest people I’ve met. Highly recommend
Lucy Reeves
Jennifer is very helpful. I would highly recommend this firm
Amanda Viens
Wonderful experience working with Jenn Langlois! She was terrific
Patrick Newbern
Jenn’s energy is contagious! She’s kind, funny, and genuinely cares. Highly recommend
Robert Giesemann Sr
Friendly, upbeat, and super helpful. Jenn was easy to talk to.
Yali Genereux
I had an amazing experience with Jennifer Langlois at Stuart office. She’s friendly, communicates great, knowledgeable and very professional. I would definitely recommend her services.
Rigoberto Castillo
Recommending to all my family and friends! Thank you kogan and disalvo for everything
Gilles Genereux
Had a great experience with Jen. She was very helpful. Highly recommend
Heather Pope
I wasn’t sure I even wanted to deal with lawyers, but this firm changed my mind. They kept me updated, handled all the details, and made the whole process stress-free. Everyone was great, but Lauren really stood out—she was so helpful and easy to work with. Thank you all for turning a stressful situation into a positive experience.
Christian
Best law firm out there. Lauren is very efficient and knowledgeable. You won’t be disappointed choosing this law firm for all your personal injury needs.
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This firm really cares about their clients and their needs! Recommending to my family and friends ☺️
