Brandon Catastrophic Injury Lawyer
Settling a catastrophic injury matter is a process, not a result.
Life-threatening (catastrophic) injuries are permanently life-altering. The average economic losses in these cases, mostly the medical bills, exceed $150,000. The emotional distress is almost impossible to calculate. These injuries are normally permanent, at least to an extent. Serious burns are a good example. Doctors can treat the burns and allow these victims to function. However, doctors cannot remove the physical and emotional scars these wounds create.
The diligent Brandon catastrophic injury lawyers at Carman, Bevington & Finegan, P.A. know what it takes to build a successful claim for damages. The process begins with a thorough review that identifies your legal options and predicts possible insurance company defenses. Then, our team collects evidence that supports your contentions and refutes these defenses. Then, when the case itself begins, we do not relent until we obtain the best possible results under the circumstances.
Building a Catastrophic Injury Case
Serious burns, as mentioned above, may be the most common catastrophic injury. The average burn-related hospital stay is much longer, and this hospitalization is usually at a regional burn center. Furthermore, many burn injuries have very high infection rates.
Other catastrophic injuries include severe internal injuries, spine injuries, brain injuries, and Post Traumatic Stress Disorder. Thousands of PTSD victims commit suicide every year.
Medical records may be the most important evidence in these cases. These documents establish the nature and extent of the victim’s injuries. However, that is only part of the puzzle. A Brandon personal injury lawyer must also establish the probable amount of future medical expenses and the victim’s emotional pain.
Usually, attorneys partner with independent doctors who review these records and predict what medical treatment, if any, the victim needs in the future. Usually, these doctors also further testify about the nature and extent of the injury and the emotional distress the victim incurred.
Speaking of outside doctors, Florida law requires a Brandon catastrophic injury lawyer to prove all medical treatments were reasonably necessary. Since the treating physician’s testimony, by itself, may be insufficient, medical experts supplement this information.
Non-physicians contribute in this area as well. Friends and family members are not doctors and cannot testify about medical details, but they can tell jurors how the catastrophic injury affects their lives.
Settling a Case
Over 90% of personal injury claims settle out of court. Such resolutions benefit victims/plaintiffs, mostly because settlements are final resolutions. In most cases, defendants cannot tie up settlements in appeals courts.
Because of the aforementioned medical complexities, meaningful settlement negotiations cannot begin until medical treatment is at least substantially complete. Otherwise, the victim may be financially responsible for any future medical costs.
If liability (legal responsibility for injury), damages (amount of compensation), and other key issues are cut and dry, the insurance company usually has a legal duty to settle the case before an attorney files legal paperwork.
But catastrophic injury cases are rarely this straightforward. Mostly because so much money is at stake, insurance company lawyers will use any excuse to drag things out.
As a result, most catastrophic injury claims are settled during mediation. A professional mediation ensures that both parties negotiate in good faith. Part of that responsibility includes making compromises to settle a case, not going through the motions or saying, “I’ll see you in court.”
This process works. Civil mediation, which is more like a mini trial, has about a 90% success rate in Florida.
Work With a Savvy Hillsborough County Attorney
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman, Bevington & Finegan, P.A. We routinely handle matters throughout the Sunshine State.