Did you or someone you love suffer from life-altering injuries as a result of someone else’s recklessness or negligent decisions? A catastrophic injury can permanently change not only your life but the lives of your family members, too. However, you’re not alone.
While the consequences of a situation like this can seem nearly impossible to overcome, a Jacksonville personal injury lawyer is the one to call. With a catastrophic injury lawyer in Jacksonville by your side, you’ll know that someone is in your corner at all times.
At Blakeley Law Firm, we have 40 years of experience recovering more than $250 million in compensation for people just like you. We’re home to Jacksonville’s most well-known Personal Injury Lawyer, and we’re here to help you.
What is Considered a Catastrophic Injury?
Catastrophic injuries are defined not just by severity but also by their lasting effects on the victim’s quality of life and level of independence. Unlike minor or moderate injuries that typically heal over time, catastrophic injuries result in permanent disability or long-term medical care.
These are common types of catastrophic injuries:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
- Amputations
- Severe burns
- Loss of sight or hearing
- Multiple fractures or crushed bones
In Florida, an injury is often categorized as catastrophic when it results in permanent disability or disfigurement, necessitates lifelong medical treatment, or significantly impairs the victim’s ability to work and live independently.
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Common Causes of Catastrophic Injuries in Jacksonville
A wide range of accidents and incidents can lead to catastrophic injuries. Many are preventable, and unfortunately, a lot of them stem from negligence, recklessness, or criminal actions.
Here are some examples of common causes of catastrophic injuries in the area:
- Motor vehicle accidents: High-speed collisions on I-95, I-10, and busy city intersections are a leading cause of traumatic brain and spinal cord injuries in the region.
- Commercial truck accidents: Accidents involving semi-trucks or other large commercial vehicles often result in devastating injuries due to the sheer size and force involved.
- Motorcycle crashes: With less protection on the road, motorcyclists are particularly vulnerable to life-threatening injuries in the event of a collision.
- Falls from heights: Falls from construction sites, ladders, roofs, or multi-story buildings can lead to spinal damage or head trauma, if not both.
- Workplace accidents: Industrial and construction jobs often expose workers to serious hazards, including machinery malfunctions, structural collapses, and chemical exposure.
- Boating and watercraft accidents: Given Jacksonville’s proximity to the St. Johns River and the Atlantic Ocean, boating accidents are not uncommon. These can result in drowning, spinal injuries, or head trauma, among other injuries.
- Medical malpractice: Surgical errors, birth injuries, and delayed diagnoses can lead to irreversible harm, including brain damage and permanent organ failure.
Florida’s Legal Definition of Catastrophic Injuries
Florida does not have an official statute that defines “catastrophic injury” exactly, but the state does address permanent injury within the context of personal injury claims and no-fault insurance law.
Under Florida Statute § 627.737, to step outside of Florida’s no-fault insurance system and sue an at-fault driver directly, an injured person must have suffered one of the following:
- Permanent and significant loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
These criteria overlap significantly with what is commonly referred to as catastrophic injury. Injuries that meet this threshold can qualify for a broader range of damages beyond what is typically recoverable through Personal Injury Protection (PIP) insurance.
Establishing Liability in Florida Catastrophic Injury Cases
Under Florida law, many personal injury claims rely on the concept of negligence. To hold someone legally responsible, you must show liability. Your catastrophic injury lawyer in Jacksonville will prove the following on your behalf:
- The defendant owed you a duty of care.
- The defendant breached that duty.
- The breach caused your injuries.
- Your injuries resulted in damages.
Florida follows a comparative fault model, meaning that even if the injured party is partially responsible for the accident, they can still recover compensation. However, their damages will be reduced by their percentage of fault.
For example, if a plaintiff is found to be 20% at fault for a car crash, their total compensation would be reduced by 20%. As of March 2023, Florida shifted from a pure comparative fault model to a modified comparative fault system. Under this new law, a person found to be over 50% responsible for their own injury is barred from recovering compensation altogether.
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Call Our Jacksonville Catastrophic Injury Attorneys Today to Speak With Attorneys Who Can Help You
If you or someone you love has suffered a catastrophic injury, you know how quickly life can change. The aftermath of a situation like this can feel too overwhelming to bear, but we hope you know that you don’t have to handle everything on your own.
At Blakeley Law Firm, our Jacksonville catastrophic injury lawyers are ready to help you take back control of your life and receive your much-deserved compensation as the victim of a collision. We’ll work tirelessly to hold the responsible parties accountable on your behalf.
You can count on us to pursue a fair outcome in your case. Let us stand by your side as you begin this new chapter of healing and recovery. Contact our Jacksonville catastrophic injury attorneys today for more information about what we can do for you.
