Catastrophic injury falls into the category of those types of injuries that catastrophically affect the day-to-day quality of economic, physical, mental, and emotional living. They are often associated with injuries such as traumatic brain injuries, which can be classified as mild, moderate, or severe. Even “mild traumatic brain injuries” can significantly affect an individual’s life and well-being, as well as his or her economic earning capacity.
Loss of limbs, paralysis, significant burns, severe spinal cord injuries, neurological incapacities, amputations, debilitating infections, multiple fractures, and similar types of injuries, caused by the negligence of others, can become life-changing experiences. In order to properly evaluate the economic impact of such injuries, it is often necessary to retain appropriate experts who can evaluate and prepare life-care plans, which will estimate the economic impact of the injury, and the cost that it will take, over the course of the remaining life expectancy (or work life expectancy, when it comes to lost earning capacity), along with a competent economist, who, among other things, may need to evaluate the amount of money that it will take, in the way of a verdict, to provide for the anticipated inflation rate and other increases in costs of services, as well as the anticipated return on the time value of money. Additionally, the catastrophic injured individual is also entitled to non economic damages, which are normally not mathematically quantifiable, based upon such compensable factors as pain, suffering, and the loss of enjoyment of life over one’s remaining life expectancy.
Wrongful Death.
In the case of a claim based upon “wrongful death,” however, this becomes a strict creature of statute. Wrongful death statutes vary significantly from state to state. In Florida, pursuant to § 768.18 et seq., Florida Statutes, the claim is brought by the Personal Representative of the estate of the decedent on behalf of both the “estate” of the deceased person, as well as the “survivors” under the wrongful death statute.
The term “survivors” is statutorily defined, and will be construed strictly. In general, it includes the legally married spouse, the minor children of the deceased person, the parents of a deceased minor child, and the parents of a deceased adult child, if there are no other survivors under the Act. In general, the wrongful death survivors are entitled to recover such items as support and services, loss of net income, and the like.
Survivors may also be entitled to recover such items as loss of support and companionship, when it comes to a surviving spouse, or loss of parental companionship, when it comes to a minor child. Additionally, parents of a deceased minor child (or adult minor child if there are no other survivors) may be entitled to recover the mental pain and anguish that will naturally result from the death of their beloved children. Of course, funeral expenses may also be recoverable. The estate itself (of which the beneficiaries will likely also include the survivors, themselves, as well as potential other beneficiaries) may be entitled to collect loss of net earnings, as well as loss of “net accumulations,” or the amount that the deceased person would likely have saved had he survived for his full life and work life expectancy.
Obviously, in cases such as these, economists are often essential to help calculate the economic damages. However, when it comes to loss of non economic damages, such as “mental anguish,” no economist can help calculate this loss, and it will be left to the good judgment of a jury to determine.
If you have a situation requiring legal representation for catastrophic injuries and wrongful death, contact a Corless Associates Florida personal injury lawyer at 877-517-5595.
