If you have suffered a permanent disability as a result of a car accident in Florida, you may be able to file a personal injury lawsuit to seek compensation for your damages and losses. In this article, we’re going to dig into what a permanent injury might look like and how you can seek compensation for your permanent injury after getting injured by a careless, reckless, or negligent driver.
What is a Permanent Disability for Purposes of a Car Accident Lawsuit in Florida?
In Florida, a permanent disability is defined as an injury that will continue to impact your daily life indefinitely or permanently. Here are some of the most common permanent disabilities that can result from car accidents:
- Traumatic Brain Injury (TBI): A TBI is a serious injury that occurs when the brain is jolted or struck, leading to damage to the brain tissue. TBIs can result in a range of physical, cognitive, and emotional impairments, including memory loss, difficulty with concentration and decision-making, and changes in mood or behavior.
- Spinal Cord Injury (SCI): A SCI occurs when the spinal cord is damaged, resulting in a loss of sensation or movement below the level of the injury. SCI can lead to paralysis or other forms of mobility impairment, which can greatly impact a person's ability to perform daily activities.
- Amputations: A car accident can result in the loss of a limb or other body part, which can significantly impact a person's ability to perform basic tasks and work.
- Burns: Severe burns can result from car accidents, leading to permanent disfigurement and scarring. In addition, burns can cause nerve damage, resulting in loss of sensation and mobility.
- Vision and Hearing Loss: A car accident can result in permanent vision or hearing loss, which can greatly impact a person's quality of life and ability to perform daily activities.
These are just a few examples of permanent disabilities that can result from car accidents. Every person's injuries and disabilities are unique, and the impact of a permanent disability can vary greatly depending on a person's individual circumstances. If you or someone you know has suffered a permanent disability as a result of a car accident, it's important to seek medical and legal assistance to determine your options for ongoing care and financial compensation.
Florida Crashes and Permanent Disability Statistics
According to the Florida Department of Highway Safety and Motor Vehicles, there were 400,867 total crashes in Florida in 2020. Of these crashes, 157,183 resulted in injuries and 3,287 resulted in fatalities.
In terms of permanent disabilities specifically, the Florida Department of Health reported that in 2019, there were 10,769 hospitalizations due to motor vehicle injuries in Florida. It's important to note, however, that not all of these hospitalizations necessarily resulted in permanent injuries.
How Do You Determine the Proper Value of a Permanent Disability Resulting From a Car Accident in Florida?
Determining the proper value of a permanent disability resulting from a car accident in Florida is a complex process that involves a range of factors. Here are some of the key considerations that may impact the calculation of damages in a personal injury lawsuit involving a permanent disability:
Medical Expenses
The cost of medical treatment and ongoing care associated with the permanent disability will be a significant factor in determining the value of your claim.
Lost Income and Earning Potential
A permanent disability can impact your ability to work and earn a living, both in the short term and long term. You may be entitled to damages to compensate for lost wages, as well as future lost earning potential.
Pain and Suffering
A permanent disability can cause significant physical and emotional pain and suffering, which can be difficult to quantify but are important to consider in the calculation of damages.
Disability and Impairment
The extent and impact of your permanent disability or impairment will also be considered in determining the value of your claim.
Future Medical and Care Expenses
If you will require ongoing medical treatment or care as a result of your permanent disability, these costs will need to be factored into the calculation of damages.
Comparative Fault
Florida follows the pure comparative fault system, which means that if you are found to be partially at fault for the accident, the damages awarded may be reduced based on the percentage of fault assigned to you.
These are just a few of the factors that may be considered in determining the value of a permanent disability resulting from a car accident in Florida. Because the calculation of damages is highly fact-specific, it's important to consult with an experienced Florida auto accident attorney who can help you understand your legal options and build a strong case to maximize your chances of a successful outcome.
Can You Be Compensated for Ongoing and Future Damages as a Result of a Permanent Disability in Florida?
If you have suffered a permanent disability as a result of a car accident in Florida, you may be able to recover compensation for ongoing and future damages related to your disability. Ongoing and future damages may include a wide range of costs and losses that you are likely to incur as a result of your permanent disability.
For example, you may be entitled to compensation for ongoing medical expenses and care, such as the cost of physical therapy, rehabilitation, and medical equipment. You may also be able to recover damages for lost income and future lost earning potential if your permanent disability prevents you from working or limits your ability to earn a living.
In addition to the damages above, you may be entitled to compensation for pain and suffering, as well as emotional distress resulting from your permanent disability. The calculation of damages for pain and suffering can be complex and will depend on a range of factors, including the extent and impact of your disability, as well as your age, occupation, and overall quality of life.
It's important to note that the value of ongoing and future damages may be more difficult to determine than the value of current or past damages, and they may require estimates and projections of future costs and losses. Your car accident attorney can help you understand the full scope of damages that you may be entitled to and work with you to build a strong case to pursue the compensation that you deserve.
