Gainesville Catastrophic Injury Lawyers 

How Catastrophic Injury Claims Differ from Standard Personal Injury Cases

Although catastrophic injury claims are similar to standard personal injury claims in many ways, they also have several key differences. Generally, catastrophic injury cases tend to be much more complex than other claims involving less severe injuries. Also, liable parties may defend these claims more aggressively, often due to the high value of the plaintiff’s damages. 

Compared to standard personal injury claims, catastrophic injury cases often involve: 

• More Severe and Complex Injuries: The effect of catastrophic injuries is far more significant than other, less severe injuries. Additionally, these types of injuries are more complex, leading to various complications and secondary injuries. The recovery time for catastrophic injuries is often much longer than that of less severe injuries, which may affect the statute of limitations or the amount of time the victim has to file a lawsuit. 
• Higher-Value Damages: The cost of treating catastrophic injuries is often much more significant than other types of injuries. In addition to emergency care, victims will often require ongoing or even lifelong treatment. Many will lose weeks, months, or years’ worth of wages and income due to being unable to work, and others will never be able to earn a living for themselves or their families again. 
• More excellent Resistance from Defendants: Due to the generally high value of catastrophic injury damages, insurance companies, and other liable parties aggressively defend against these types of claims. They are often unwilling to settle for a fair amount, meaning many catastrophic injury claims end up in litigation or even go to trial. This can impact the time and effort it takes to resolve a case. 
• Varying Statutes of Limitations: In most standard cases, a plaintiff has two years from the date of injury to file a personal injury lawsuit. However, when an injury cannot be discovered immediately, the statute of limitations may be deferred from the date the injury was discovered or reasonably could have been discovered. Sometimes, this occurs with catastrophic injuries that are not immediately diagnosed. 
• Exceptions to Certain Rules: A catastrophic injury may allow the plaintiff to file a lawsuit directly against a liable party when they would otherwise be unable to do so. This is the case with motor vehicle accidents resulting in serious injuries (as defined by the state). Normally, an accident victim would only be able to recover compensation through their insurance coverage, but a serious injury allows them to step outside the no-fault system.

Understanding the Role of Insurance Companies in Catastrophic Injury Claims

Insurance companies are often a key player in catastrophic injury cases, but their interests may not align with those of the injured party. While insurers are responsible for paying claims, their goal is typically to minimize payouts. In catastrophic injury claims, this can result in disputes over compensation. Understanding how insurance companies may approach these cases and how to protect your rights is crucial. Here's how insurance companies can impact your case:

• Underestimating the Long-Term Costs: Insurance companies may try to downplay the severity of the injury or minimize the need for long-term care, rehabilitation, and ongoing treatment.
• Low Settlement Offers: Insurers may offer quick settlements that do not reflect the full extent of your damages, including future medical expenses, lost wages, or emotional distress.
• Denying Liability: In some cases, insurers may attempt to deny or reduce liability, making it difficult to get fair compensation.
• Delaying the Claims Process: Insurance companies may use delays to pressure victims into accepting lower settlement offers, knowing that prolonged negotiations can be frustrating.
• Defending Aggressively: Due to the high value of catastrophic injury claims, insurance companies may employ aggressive tactics to fight the claim or reduce its value.

An experienced attorney can help navigate the complex insurance process, ensuring that all the costs of a catastrophic injury are considered and advocating for a fair settlement or pursuing legal action if necessary.

Contact Our Gainesville Catastrophic Injury Attorneys Today

Suffering a catastrophic injury can have far-reaching consequences for both victims and their families, affecting not only physical health but also emotional well-being and financial stability. The challenges in recovering compensation for such an injury require skilled legal representation. At Schackow & Mercadante, our Gainesville catastrophic injury lawyers are committed to providing the support and advocacy you need during this difficult time. We understand the complexities of catastrophic injury claims and are dedicated to fighting for the compensation you deserve for your medical expenses, lost wages, pain, and suffering. If you or a loved one has been severely injured, contact us today to schedule a free consultation and take the first step toward securing your future.

Contact Schackow & Mercadante today to schedule a FREE consultation with our catastrophic injury lawyers in Gainesville!