If you suffer a catastrophic injury in Broward County, FL due to no fault of your own, seek legal help. Find an attorney who can help you submit a claim for compensation. If you have an experienced Broward County personal injury lawyer at your side, you are well-equipped to secure damages.
The Schiller Kessler Group has plenty of experience with personal injury claims. Our Broward County catastrophic injury/brain damage lawyer is available to review your case. To get started, reach out to us.
Catastrophic Injury Definition
A catastrophic injury is likely to affect a person long into the future. The injury may impact an individual’s cognitive and physical abilities. It may occur for many reasons, such as:
- Car accident
- Bus accident
- Motorcycle accident
- Truck accident
- Slip and fall accident
- Work accident
- Dog attack
- Medical malpractice
The Schiller Kessler Group can teach you about catastrophic injuries that cause brain damage. Our Broward County catastrophic injury/brain damage attorney can help you determine if now is the right time to file a claim against anyone who hurt you. For more information, get in touch with us.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
When to File a Catastrophic Injury Claim
Generally, there is a two-year statute of limitations for a personal injury claim in Florida. Based on this statute, you may have up to two years from the date you suffer an injury to sue any at-fault parties. If you choose not to file a claim within this period, you may lose the right to pursue damages at a later date.
If you are considering a claim, consult with a catastrophic injury/brain damage lawyer in Broward County. The attorney can answer frequently asked questions and many others about personal injury claims. They can help you determine whether to submit a claim — and if you want to move forward with one, file it before your statute to do so expires.
You can file a claim but still not be guaranteed compensation. An at-fault party or their insurance company may do everything they can to avoid having to pay damages. Regardless, a catastrophic injury/brain damage attorney in Broward County helps you build a compelling argument and show an at-fault party was negligent.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Who May Be at Fault for a Catastrophic Injury
There is no single party that is responsible for every injury claim. Each case is different, and your attorney can help you figure out who is responsible for your injury. Examples of defendants in injury cases include:
- Drivers
- Property owners
- Business operators
- Healthcare professionals
- Pet owners
Typically, you can file a claim through an at-fault party’s insurance company to request compensation for your injury. Even if you do, the insurer may do whatever it can to not have to pay you. With help from an attorney, you can work with an at-fault party or their insurer to pursue damages and boost your chances of getting a fair settlement.
How to Prove Fault in a Catastrophic Injury Case
To prove an at-fault party was negligent, you must show an at-fault party had a duty of care toward you. This duty is a legal obligation to avoid careless or reckless acts. You must also show this party violated this obligation, which caused you to suffer an injury.
In addition to these things, you must prove you incurred damages as a result of the at-fault party’s actions. You may be able to get economic and non-economic damages for your medical bills, pain and suffering, and other losses. There are times when punitive damages are awarded in combination with economic and non-economic compensation to deter an at-fault party from acting negligent once again.
Your attorney helps you gather evidence to prove negligence. Evidence may include a police report, medical records, and other documentation that highlights what happened that caused you to get hurt or the severity of your injury. You may also provide witness statements from individuals who saw you get hurt.
What to Do If You Suffer a Catastrophic Injury
Go to a doctor and follow their orders after you suffer an injury. This is paramount since it helps put you in the best position to recover from your injury. Keep track of your medical bills as you receive treatment, as these may be used as evidence.
If you get a call from an insurance adjuster and they ask you to make a statement about your injury, do not say anything. There are many questions an adjuster may ask you to try to get you to accept responsibility for your injury. Rather than risk saying something that may compromise your case, let an attorney represent you.
By hiring an attorney who has gotten outstanding case results for their clients, you can make sure your legal rights are protected. Your lawyer can advocate for you and attempt to negotiate a settlement with an at-fault party. If all else fails, your attorney can represent you during your trial.
How Comparative Fault Applies to a Catastrophic Injury Case
In the best-case scenario, you receive 100% of the damages you request in your injury case. This means an insurance company pays for all of your losses. Or, an at-fault party chooses to cover your damages, or a court requires them to do so.
Unfortunately, this scenario is unlikely to happen, as the defendant in your injury case may commit significant time and resources to contest your claim. As part of their efforts, they may try to show you are primarily responsible for your injury. If they succeed, they will not have to pay any damages.
Florida has a comparative fault statute, and you must account for it as you build your argument. Per this statute, you cannot receive any damages if you are primarily at fault for your injury. A personal injury lawyer who knows the ins and outs of Florida’s laws can help you prepare an argument that shows you are in no way responsible for your injury.
Connect with a Catastrophic Injury/Brain Damage Lawyer
Do not wait to file your personal injury claim. Partner with a catastrophic injury/brain damage attorney from The Schiller Kessler Group, and we can help you request compensation from anyone who hurt you. To request a free consultation, contact us today.
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