What types of damages can I recover from a defendant in a catastrophic injury case?

In Florida, victims of catastrophic injuries can seek damages from the defendants if they can prove liability. Depending on the facts of the case, victims may be able to recover compensatory damages, which are intended to make the victim “whole” again after the injury. Compensatory damages may include economic losses, such as medical expenses, lost wages, and property damage, as well as non-economic losses, such as pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life. Additionally, in cases where the defendant’s conduct was particularly reckless or malicious, victims may be able to recover punitive damages in an effort to punish the defendant and discourage similar behavior in the future. Punitive damages are rare, but they can be significant. Finally, depending on the facts of the case, the victim’s family members may also be able to recover loss of consortium damages, which are intended to compensate them for the loss of the victim’s care, companionship, and/or services. In Florida, the statute of limitations for personal injury claims, including catastrophic injury claims, is generally four years. This means that victims must file their claims within four years of the date of the injury or they may lose the ability to recover damages from the defendant. It is important to speak with a knowledgeable attorney as soon as possible to understand your rights and ensure that you file your claim within the statute of limitations.

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