Catastrophic injuries come out of nowhere and can be permanently life-changing. As you begin to move toward recovery, figuring out what you are doing in regard to bringing a claim forward for financial compensation is part of that. While you worry about your health, let an attorney worry about the legal process.
At Tonya Stewart Law PA, I will take care of the legal process for you. My firm is committed to adding determination in situations when you may feel helpless. I have over 13 years of legal experience and will aggressively stand up for your rights. If you are in Lake Wales, Lakeland, Winter Haven, Davenport, or Haines City, Florida, I am ready to serve as your legal representation during this difficult time.
If you or a loved one has suffered a catastrophic injury, turn to a knowledgeable attorney for help.
A catastrophic injury is defined as a situation when the consequences of the injury permanently prevent an individual from performing any gainful work. These injuries can leave someone disabled for the rest of their life. They may have serious, long-term effects or they may even cause death.
Examples of catastrophic injuries include ones that affect the brain, spinal cord, or nervous system. They can also include serious head trauma, amputation, organ damage, severe burns, multiple bone fractures, paralysis in any form, and the triggering of neurological disorders. Each year, an estimated 1.5 million Americans sustain a traumatic brain injury.
When it comes to filing a personal injury claim, there are two important things to note: the fact that Florida is a pure comparative state, and the statute of limitations.
A pure comparative state means that the amount of compensation you are entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident. This is the case whether you are 10% at fault or more than 50% at fault. The amount of damages will be adjusted accordingly.
The statute of limitations is also important because it dictates the time frame in which you are allowed to file a claim. In Florida, you have four years from the date of the accident to bring a claim or a lawsuit forward. After that, there is a high chance the court will not hear the case at all.
When it comes to wrongful death, that is a claim that you can file if someone else’s negligence resulted in the death of a loved one.
If you have lost a loved one due to the actions of another party, you can file a claim on their behalf if you are immediate family — meaning a spouse, parent, sibling, or child.
In the state of Florida, you can collect economic, non-economic, or punitive damages. Economic damages are monetary losses that you suffered, such as wages lost due to being unable to work and medical expenses that were racked up to treat your injury. Non-economic damages are things such as pain and suffering. Punitive damages are meant as a punishment for reckless behavior. In Florida, those damages are capped to three times the amount of compensatory damages or $500,000, whichever is greater.
Seek fair financial compensation with an experienced attorney by your side. If you are in Lake Wales, Lakeland, Winter Haven, Davenport, or Haines City, Florida and were seriously hurt due to circumstances caused by someone else, or the victim’s spouse/family member who is looking to file a claim on their behalf, contact me at Tanya Stewart Law PA today.