A protracted loss is the loss of the regular use of a body part or organ for an extended period. The loss does not have to be permanent. However, if it lasts long enough to seriously affect the person’s daily life for weeks or months, it may be considered a long-term or protracted loss.
For example, if someone cannot walk for several months after a leg injury, it counts as a protracted loss. The key factor is time. A few days or a week of pain or immobility usually won’t count. However, if the pain or limited mobility persists for many weeks or months, it is more than just a short-term issue.
Florida law’s definition of serious bodily injury encompasses protracted loss. The law treats longer-lasting injuries more seriously than those that are temporary in nature. Doctors, insurance companies, and courts often consider how long someone struggles with normal activities when deciding whether an injury involves a protracted loss. The longer the problem persists, the more likely it is to be a prolonged loss or impairment.
If you have suffered a protracted injury in Florida, an experienced Tampa personal injury lawyer at Zervos & Calta, PLLC, can help you understand your legal options and seek full compensation for your medical bills and other losses. Contact us today to learn more in a free consultation.
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What Is the Difference Between a Minor Injury and Serious Bodily Injury?
Florida law treats minor injuries and serious bodily injuries differently. A minor injury causes pain or swelling, but the symptoms typically subside within a short period. Scrapes, bruises, and small cuts are typical examples of minor injuries.
A serious bodily injury causes more extensive harm. It puts the injured party at substantial risk of death, or causes protracted and obvious disfigurement, or leads to the long-term loss of use of a body part or organ. For example, a broken bone that keeps someone from walking or using an arm or leg for months might qualify as a protracted loss.
Serious injuries usually involve more medical care, recovery time, and time away from work or daily routines.
What Are Some Examples of a Protracted Loss?
Doctors and lawyers often look at how long an injury interrupts a person’s normal life to decide if it counts as a protracted loss.
Below are some examples of protracted loss:
- Ongoing weakness or numbness in a hand or arm
- Limited movement in a knee after ligament damage
- Trouble breathing after a lung injury
- Reduced vision after trauma to the eye
- Long-term difficulty walking after a broken leg
- Difficulty speaking after a head injury
- Bladder or bowel problems after a spinal injury
- Painful shoulder movement after a torn rotator cuff
- Long-lasting back pain after a car crash or fall
- Trouble standing or sitting after a pelvic fracture.
What Are Common Causes of Protracted Loss Injuries?
People who suffer serious injuries in Florida accidents often face long recoveries that change their daily routines and limit their ability to work. Some injuries take a long time to heal, and others leave lingering effects. Certain types of accidents are more likely to cause this kind of long-term harm.
Common causes of protracted loss injuries include:
- Car crashes – High-speed collisions can lead to bone fractures, head trauma, nerve damage, or back injuries. Even with surgery and physical therapy, the injured person may not regain full use of the affected body parts right away. Driving, working, and performing household chores can all become more challenging when bodily functions are limited.
- Motorcycle accidents – Motorcycle riders have little protection in traffic collisions. Many crash victims end up with broken bones, lacerations, and internal injuries. Injured motorcyclists may struggle with basic mobility during recovery or have a diminished quality of life due to pain and limited mobility.
- Slip-and-fall accidents – People who fall on hard surfaces often hurt their hips, shoulders, or backs. Fall injuries can make tasks such as dressing, cooking, or sleeping comfortably frustrating. Full recovery can take a considerable amount of time, and even after physical therapy, movement may still be limited.
- Pedestrian accidents – When a vehicle strikes a person on foot, the injuries can be severe. Some people need surgery and physical therapy, followed by weeks of limited mobility. Even after healing, the injured person might still require assistive devices and have ongoing pain that interferes with daily tasks.
- Workplace injuries – Jobs that involve lifting, climbing, or using power tools carry serious injury risks. Workers who suffer severe occupational injuries often face long hospital stays, time away from work, and significant changes in their daily lives during the healing process. Workers’ compensation insurance, provided by employers, generally covers medical expenses that arise from injuries that occur on the job
Does Florida Have Caps on Personal Injury Damages?
Florida does not place caps on damages available in most personal injury cases. Suppose you have been seriously injured due to someone else’s negligence. In that case, a personal injury attorney can file a personal injury lawsuit seeking the compensation that matches your losses, including medical bills, lost income, and pain from the injury. In cases based on general negligence, such as car accidents or slip and falls, there is no limit to how much you can recover for economic or non-economic damages.
In 2017, the Florida Supreme Court ruled that caps on non-economic damages in personal injury and wrongful death claims from medical malpractice violated the state constitution’s equal protection clause. Florida courts have removed damage caps in medical malpractice cases.
However, Florida does place some limits on damages in lawsuits against government agencies. If someone sues a state, city, or county, the total recovery usually cannot exceed $200,000 per person or $300,000 per incident, unless the state legislature approves a higher amount.
Contact a Florida Personal Injury Lawyer
If you have suffered a serious injury in Florida and want straight answers about your legal options, talk to the team at Zervos & Calta, PLLC. Firm partners Angela A. Zervos and Lauren Calta bring more than 50 years of combined legal experience to each personal injury case. They are tough, accomplished trial attorneys who take an aggressive approach to dealing with insurance companies. They are prepared to go to trial when the insurance company refuses to offer a fair settlement. The law firm provides a free consultation to review your injury and evaluate your legal options. Contact us now to speak with a lawyer who won’t back down.
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About the Author
Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 33 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.
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