Can family members recover damages in a catastrophic injury case?

Yes. A spouse may pursue a loss of consortium claim for the impact of the catastrophic injury on the marital relationship. If the injury results in death, surviving family members may recover damages under Florida’s Wrongful Death Act, including lost financial support, loss of parental guidance and companionship, and mental pain and suffering.

How long do catastrophic injury cases take to resolve?

These cases typically take longer than standard injury claims because of the need for extensive medical documentation, expert analysis, and precise calculation of lifetime damages. Rushing to settlement risks undervaluing a claim that must provide for the victim’s needs for decades. The Rubin Firm prepares every catastrophic case thoroughly and will not recommend a settlement […]

How is compensation calculated when injuries are permanent?

Our team works with life care planners, economists, vocational rehabilitation experts, and medical specialists to project the full lifetime cost of the injury. This includes future medical care, assistive equipment, home modifications, personal care attendants, lost earning capacity, and non-economic damages like pain, suffering, and loss of enjoyment of life. These calculations frequently result in […]

What qualifies as a catastrophic injury under Florida law?

While Florida does not provide a single statutory definition, catastrophic injuries are generally understood as those that permanently prevent the victim from performing gainful work or substantially limit the ability to perform daily life activities. Traumatic brain injuries, spinal cord damage causing paralysis, amputations, severe burns, and permanent organ damage all fall within this category.

What if I was a passenger on the bus and there were no seatbelts?

Most public transit buses, school buses, and many charter buses do not provide passenger seatbelts. You cannot be penalized for not using a restraint that was not available. In fact, the absence of seatbelts underscores the heightened duty of care that bus operators owe to their passengers as common carriers. The operator must exercise the […]

Do I need to act quickly after a bus accident involving a government entity?

Absolutely. Government claim deadlines are shorter than the general two-year statute of limitations for personal injury cases in Florida. Missing the notice requirement can permanently destroy your claim. Contact an attorney immediately after any bus accident, particularly when a public transit system, school district, or other government entity is involved.

Who can be held liable for injuries in a bus accident?

Depending on the circumstances, potentially liable parties include the bus driver, the bus company or transit authority, third-party maintenance contractors, other negligent motorists who caused a collision with the bus, and vehicle or parts manufacturers if a defect contributed to the crash. Each liable party may carry separate insurance coverage.

Can I sue a government-operated bus service in Florida?

Yes, but you must comply with the pre-suit notice requirements of Florida Statutes Section 768.28 before filing suit. The notice must be sent to the appropriate agency within the applicable deadline, and a mandatory waiting period must elapse before litigation can begin. Damage caps may limit your recovery, though claims bills through the Legislature can […]