How to File a Catastrophic Personal Injury Claim

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Imagine getting into an accident at work or on the road that leaves you with an injury from which you’ll never fully recover. Unlike minor cuts or scrapes, catastrophic injuries are life-changing and accompany long-term medical care. While there’s no way to turn back time to before the incident, what you can do is file a claim against the negligent party to seek maximum compensation by hiring an experienced a  catastrophic personal injury in Boca Raton, Florida attorney. 

In this post, the experienced lawyers from the Law Office of Bernstein|Polsky will walk you through the different causes and types of catastrophic injuries and share how to file a catastrophic personal injury claim to get fair compensation for your damages. 

What Is a Catastrophic Personal Injury?

According to the American Medical Association, a catastrophic personal injury is any life-changing bodily injury that leads to permanent disfigurement, disability, or impairment and long-term medical care. If these injuries are caused by the negligence of another person, they’re liable for all economic and non-economic damages as per Florida’s State Laws

Types

  • Skull or Spinal Fractures
  • Amputation
  • Loss of Hearing or Sight
  • Paralysis
  • Third-Degree Burns

Causes

  • Vehicle Accidents
  • Slip and Falls
  • Sport and Recreational Activities
  • Construction Accidents
  • Medical Malpractice
  • Workplace Accidents
  • Fire, etc.

Compensation

  • Emergency Medical Services and Long-Term Bills
  • Property Damage (If Any)
  • Counseling and Physical Therapy
  • Lost Wages
  • Diminished Earning Capacity
  • Pain and Suffering
  • Emotional Distress, etc. 

Steps for Filing a Personal Injury Claim 

Every accident or injury case is different. The case duration depends on your insurance policy, degree of injuries, and the defendant’s level of cooperation, which is why you need a strong Boca Raton, FL catastrophic personal injury lawyer to speed things up. The good news is that many injury claims don’t make it to court as most insurance companies and defendants prefer settling before trial. But if you feel like you’re not getting a full settlement, you can go to trial after filing a claim. 

Here’s how:

  • Gather Documents 

After a personal injury, it’s the plaintiff’s and their lawyer’s responsibility to collect medical and other relevant documents for their personal injury case. Moreover, they need to keep track of all the costs incurred following the incident. For instance, hospital bills, medical bills, visits to the doctor, and loss of work, etc. This financial information strengthens your case and helps you get the compensation you deserve. 

  • Serve Notice of Claim 

Once your lawyer has gathered all the medical documentation and evidence, it’s time to send a notice of claim. Notice of claim is a legal document delivered personally by a legal professional or a court officer to the at-fault party, informing them about the lawsuit against them. This gives the opposing party to find a lawyer and prepare for trial. However, most claims don’t lead to a trial because the at-fault party’s insurance company provides financial compensation to the victim. But if the compensation amount is lower than the bills incurred after the personal injury, the victim has the right to forfeit the offer and pursue a legal trial. 

  • Attempt Mediation 

Mediation is a phase that comes before the case goes to trial. Mediation occurs after the discovery phase, and it involves all the parties involved in the claim, including a mediator. The mediator’s responsibility is to solve the case outside the court in favor of both parties involved. Usually, personal injury cases settle by this point because no one wants to face a trial. However, the plaintiff has the right to forfeit the offer at this point and pursue a trial if the offered amount is below expectation.

Conclusion

Filing a claim for a catastrophic personal injury Boca Raton case is straightforward if you have a competent lawyer by your side. At the law office of Bernstein|Polsky in Boca Raton, Florida, we have the expertise and experience to take on any injury case. So, let us deal with the insurance companies and defendants, while you deal with the emotional, physical, and economic distress to get you fair compensation to cover all economic and non-economic damages.