Any type of accident can cause injuries—sometimes, the injuries are mild and barely affect your life. After a day or so, you’re back to normal, but not all accident victims are this fortunate. Some accidents result in catastrophic injuries that can upend your life. Making a full recovery from a catastrophic injury can take years, if it’s even possible.
Adding to your already high stress levels is the often complicated claim process that you have to go through. Navigating the consequences of catastrophic injuries is rarely easy, even when the accident isn’t your fault.
The Legal Definition of a Catastrophic Injury
A catastrophic injury can mean something different to everyone. What you consider a minor injury, like a broken arm, may be catastrophic to someone else. If you turn to Florida’s personal injury law code, you’re not going to get a lot of help. Catastrophic injuries aren’t defined, and instead, you’re referred to the state’s workers’ compensation rule F.S. 440.15.
This guideline defines a catastrophic injury as one resulting in permanent and total disability. Paralysis, either full or partial, is a catastrophic injury. So is the loss of your foot, leg, hand, and arm. The loss of a digit like a finger or toe may not qualify as a catastrophic injury. Since the definition is a little vague, recovering compensation for a catastrophic injury can be a complex and occasionally frustrating process.
Receiving Compensation for a Catastrophic Injury
When your injuries are mild or even severe, going through the claim process to recover compensation is relatively straightforward. You first need to contact your insurance company.
In Florida, your PIP (personal injury protection) coverage is responsible for covering most of your medical expenses. Yes, you start with your PIP insurance even if you’re not the at-fault driver. Oh, and don’t forget that Florida is a no-fault insurance state.
Since your PIP cover typically has a cap of around $10,000, there’s a good chance you’re still dealing with outstanding medical expenses. PIP also doesn’t cover property damage, pain, and suffering. Once your PIP cap kicks in, you can turn to the at-fault driver’s insurance to cover the rest of your damages.
You follow these same steps for a catastrophic injury, but $10,000 is going to go very far toward covering medical expenses for a catastrophic injury. Now, you must prove to the insurance company your injury is catastrophic and life-altering. Yes, sometimes even an amputation isn’t enough proof. So, what can you do to help ensure you receive fair compensation? Your personal injury attorney can employ a few legal tactics.
Introduce Expert Testimony
Whether you’re still in negotiations with the insurance company or your case is moving to civil court, expert testimony can help support your catastrophic injury claim. You don’t want to bring in someone who’s not a medical professional. The goal is for the expert to have an in-depth knowledge of your injury and its impact on your life.
A medical expert can also discuss the financial costs of your injury. After all, who better understands the cost of your treatment and recovery than a professional dealing with your type of injury?
Medical professionals may not be the only experts you bring in to testify. An accident reconstructionist can help resolve any questions about fault. They can recreate events leading up to the accident, along with the incident scene. If there’s a question about blame, this type of expert can help ensure you don’t unfairly assume any of the fault for the accident.
Provide Plenty of Verifiable Evidence
Evidence is crucial in a personal injury claim, and even claims with minor injuries still need evidence. Insurance companies require verifiable evidence before they even start the claim process. If your case is in civil court, the judge and/or jury needs evidence before they decide to rule for or against you.
So, what type of evidence do you need to supply? A good place to start is with your accident report. Since your injuries are catastrophic, the accident is reported to the authorities. The police will fill out an accident report, and you’re entitled to a copy of it.
Don’t worry about trying to make it to the police station to pick up the report; you can easily order your accident online. There is a small fee, typically around $10, but it’s worth the small expense. Your accident report can do more than prove the incident occurred. The report will also name the party responsible for the accident, and this relieves the burden of proving you’re not the at-fault driver.
You’re also going to need copies of your medical records. Even if your catastrophic injuries are obvious, you still need to present your medical records. Your medical records detail the severity of your injuries, your treatment plan, and if you require long-term or lifetime care. Medical bills and receipts are also necessary to prove your ongoing medical costs.
Most accidents involving catastrophic injuries also result in property damage. Yes, you need to supply proof if you want to receive compensation, and repair and replacement bills and estimates are usually enough to prove property damage.
Additional required evidence depends on what you’re including in your personal injury claim. For example, if you’re claiming lost income, you need to supply past pay stubs and possibly financial statements.
Pursue Aggressive Negotiations with the Insurance Company
The insurance company isn’t going to willingly hand over a large settlement, even for a catastrophic injury. But sometimes, even presenting a mountain of verifiable evidence isn’t enough. This is when you want to pursue aggressive negotiations, but this doesn’t mean threatening the insurance company. Instead, you refuse to accept a lowball offer.
You may find yourself entering into multiple negotiations—don’t give up; stay firm until the insurance adjuster offers a fair settlement amount. If you can’t reach an agreement, the next step is taking your injury claim to civil court. Sometimes, the threat of going to court is enough to convince the insurance company to increase their settlement amount.
Don’t Go Through a Catastrophic Injury Claim Alone
Dealing with a catastrophic injury is overwhelming enough, so you shouldn’t have to worry about fighting for your rightful compensation on top of everything else you’re dealing with. That’s why it’s so important to get a seasoned injury attorney on your side as soon as you possibly can.
They’ll walk you through every step of the legal process, ensuring that you’re not going it alone and helping you focus on what’s most important: your overall health and recovery. Their expertise could make all the difference in getting the fair settlement that you deserve.