Did you experience a catastrophic injury in Palm Beach Gardens, FL? Was your injury caused by someone’s negligence or careless mistake? If so, you have legal rights. This may include the right to recover money to pay for your damages like medical bills, lost wages, and pain and suffering.
Kibbey Wagner, PLLC has over 40 years of combined experience helping injured people in Palm Beach Gardens. We have seen our fair share of catastrophic and life-changing injuries. Our team of experienced lawyers understands how to litigate these complex cases and maximize your recovery.
Call our office at (561) 944-4000 to set up a free consultation with a Palm Beach Gardens catastrophic injury lawyer. This is a great opportunity to learn more about how our law firm can help you and the next steps in your case. There’s no reason to delay asking for legal help, especially when you’re suffering.
How Can Kibbey Wagner, PLLC Help Me After a Catastrophic Injury in Palm Beach Gardens, FL?
If you are suffering from a catastrophic injury in Palm Beach Gardens, Florida, your time and energy are being directed towards recovery and adjusting to your injuries. The chances are you don’t have time to focus exclusively on a legal case. That’s where a lawyer can help.
Kibbey Wagner, PLLC can guide you through the insurance and court process after getting into an accident. This may include advocating on your behalf to insurance companies and in front of a judge or jury.
Our Palm Beach Gardens personal injury lawyers have recovered over $60 million for our clients since 2014. We are recognized as leading personal injury lawyers on a local and national level. This includes membership in The National Trial Lawyers Top 100, being named a Top 40 Lawyer Under 40 in Florida, and a Board Certified attorney in civil personal injury law by The Florida Bar.
While every case is different, when you hire our attorneys to help with your catastrophic injury case, we will:
- Explain your legal rights
- Find out who is responsible for causing the accident and your injury
- Calculate your damages
- Collect evidence to support your case
- Review your medical records and talk with your doctors
- Consult with experts
- File insurance claims and negotiate with insurance companies
- File a personal injury lawsuit, if necessary
- Stand up for you in court and go to trial
Call our office to set up a free consultation with a Palm Beach Gardens personal injury attorney today.
What Is the Definition of a Catastrophic Injury?
A catastrophic injury is an especially severe and often permanent type of injury. It causes significant harm, not only physically, but usually mentally and emotionally as well. Many people will never recover from a catastrophic injury and must learn to adapt to their new limitations.
Certain Florida statutes define catastrophic injury as a permanent impairment, such as:
- Severe paralysis of an arm, leg, or trunk of the body
- Amputation of a hand, arm, foot, or leg
- Severe brain injury
- Severe sensory or motor disturbance
- Severe communication disturbance
- Complex integrated disturbances of brain function
- Severe episodic neurological disorders
- Second or third-degree burns cover 25% or more of the body
- Loss of reproductive organs
However, depending on how the accident happened, a catastrophic injury may include other types of injuries or multiple co-occurring injuries. The key is that the injury has a significant impact on the victim’s quality of life and physical well-being. In some cases, the injuries may even result in a premature death.
We Handle All Types of Catastrophic Injury Cases n Palm Beach Gardens
Our lawyers represent people who have suffered from many different types of catastrophic injuries in Palm Beach Gardens, FL. These types of injuries frequently include:
- Traumatic brain injuries
- Paralysis and severe spinal cord damage
- Crush injuries
- Organ failure
- Severe burns
- Permanent cognitive impairment
- Loss of eyesight and healing
While we are familiar with a variety of catastrophic injuries, our lawyers will always take the time to understand the nuances of your case. We know that every accident and injury is different. People are affected by their injuries in different ways. As a result, they may be entitled to different damages or have different goals for their case.
We start by connecting with our clients and listening to their unique stories. This positions us to represent them most effectively. Call us to talk about your injury and how we can help you today.
What Causes Catastrophic Injuries in Palm Beach Gardens?
A catastrophic injury can be caused by any type of accident. Sometimes the accidents are unexpected and random; other times, they are caused by something repetitive and predictable.
Common causes of catastrophic injuries are:
- Car accidents
- Motorcycle crashes
- Truck accidents
- Pedestrian accidents
- Slip and falls
- Defective or dangerous products
- Construction accidents
- Workplace injuries
- Bicycle crashes
- Medical malpractice
- Boating crashes
Kibbey Wagner, PLLC takes the time to fully investigate the cause of your accident. This helps us identify who is responsible and decide the best way to pursue your case.
What Damages Can I Recover in a Palm Beach Gardens Catastrophic Injury Case?
You are entitled to damages after a catastrophic injury caused by someone’s negligence. The most common type of damages is compensatory damages. These damages compensate the victim for economic and non-economic losses caused by the injury.
The other type of damages is punitive damages. These are not meant to compensate the victim for losses but rather to punish the defendant for their behavior.
Economic damages are the most common type of compensatory damages. These are actual financial losses that are easy to calculate.
In a catastrophic injury case, economic damages may include:
- Doctor’s visits (past and future)
- Physical therapy
- Cost of surgery
- Lost wages (past and future)
- Lost future earning capacity
- Pharmaceutical costs
- Cost of necessary medical devices (like prosthetics or a wheelchair)
- Mental health treatment
- Property damage
- In-home care
- Long-term residential nursing care
It can also include other out-of-pocket expenses caused by the accident. In a catastrophic injury case, this might include increased costs of childcare or paying for a maid to help clean the home. It will entirely vary depending on how you are affected by your injury.
Non-economic damages are payments for pain and suffering as well as emotional trauma caused by the catastrophic injury. These are harder to calculate. An experienced attorney will know what you should expect and can assign a value to this type of trauma.
Examples of non-economic damages include:
- Physical pain and suffering
- Emotional and mental anguish
- Loss of enjoyment of life
- Loss of quality of life
- Loss consortium
- Permanent scarring or disfigurement
- PTSD, anxiety, depression
These damages are highly personal. We are sensitive to our clients and know that an injury can affect your life in many different ways. Our lawyers are familiar with trauma and are always cognizant of our client’s trauma throughout our legal representation.
Punitive damages are not as common as the other types of damages. The plaintiff must prove that they are entitled to punitive damages in a pleading. Specifically, they must show clear and convincing evidence that the defendant acted with intentional misconduct or gross negligence.
This is different from a regular negligence case. Intentional misconduct means that the defendant actually knew that their behavior was likely to cause injury but did it anyway. For example, if a defendant punches someone and causes a traumatic brain injury. The punch was intentional, and the plaintiff might be entitled to punitive damages.
Gross negligence happens when the defendant acts recklessly and consciously disregards the life or safety of others. This might include a DUI accident case or a road rage incident.
Even though punitive damages are rare, they aren’t unheard of. Kibbey Wagner, PLLC, can help you understand if you have a legitimate claim for punitive damages.
What Is the Statute Of Limitations for a Catastrophic Injury Lawsuit in Florida?
The statute of limitations for a catastrophic injury case in Florida is two years. This applies even if the injuries result in death.
The statute of limitations is one of the most important deadlines in a lawsuit. If you miss the statute of limitations, then you cannot file a lawsuit. This means you will forfeit your legal rights to ask for damages through the court.
Before filing a lawsuit, you will probably file an insurance claim if insurance applies in your case. This claim can take time to process. You need to take time for this process to happen before filing your lawsuit.
You should speak with an attorney as soon after an accident as possible. They can help you keep track of this deadline and make sure that you don’t miss it. They will also take all the necessary steps before filing a lawsuit. Two years may sound like a long time, but it can go by quickly.
Call a Palm Beach Gardens Catastrophic Injury Lawyer at Kibbey Wagner, PLLC, To Schedule a Free Consultation
There’s no reason that you should be focusing on your legal case while also dealing with the aftermath of a catastrophic injury. A lawyer can take that burden off of your shoulders so that you can put your energy toward healing and adjusting.
Call (561) 944-4000 to a Palm Beach Gardens catastrophic injury lawyer at Kibbey Wagner, PLLC to set up a free consultation today. You can use this opportunity to learn about your rights, options, and our law firm. There’s no risk and no downside to asking for help when you need it the most.