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Catastrophic injuries change lives forever. These significant injuries can make it impossible to be whole again or hold a job. Insurance coverage often is insufficient to cover a lifetime of medical and rehabilitation expenses or to alleviate the financial burden a family then faces.
If an accident caused the injury, you may have a legal path leading to compensation. Learn more by contacting an experienced Boca Raton personal injury lawyer who has handled such cases. A skilled catastrophic injury attorney in Boca Raton can build a case to help maximize potential recovery.
Any injury received from an accident or intentional incident can be called a personal injury. However, only some of these injuries are catastrophic. Catastrophic injuries are extreme injuries that can result in life-changing consequences for the victim.
These injuries are more defined by their consequences than the injury or cause. Catastrophic injuries include the “consequences of an injury that permanently prevent an individual from performing any gainful work” (42 USC § 3796b), which is wording adopted from the American Medical Association. Paralysis is a common injury one suffers during a catastrophic accident.
These are the common injuries that can have a catastrophic impact, and they can occur in many different circumstances:
Depending on the individual, the sort of injury that will be catastrophic may be subjective and require an in-depth analysis. This can be a very nuanced inquiry into how the injury would affect the career prospects and quality of life of the injured party.
An experienced Boca Raton catastrophic injury lawyer can help an individual recover damages depending on the specific type of injury they have suffered.
Catastrophic injuries involve damage to a vital area such as the head or back, or severe damage to non-vital areas. The most common types of catastrophic injuries include:
There are many types of traumatic brain injuries, some inherently more severe than others, with new research, diagnoses, and treatments being produced regularly. Each type of TBI comes with its own challenges regarding symptoms and recovery time. Severe head injuries have been known to affect brain function as well as causing memory issues, drastically affecting impulse control, or even causing a significant change in personality. These injuries include:
Amputations are one of the worst injuries that can result from an accident or incident and have both physical and psychological effects that can be life-changing. Some of the factors determining the degree of seriousness of amputations include:
There are two types of amputation:
Depending upon whether the amputation is partial or complete and what was amputated, the physical effects can include:
An injury as extreme as an amputation has psychological effects as well. This includes:
Spinal cord injuries are another catastrophic injury that can drastically affect the life of the victim, requiring extensive treatment and long recovery periods. Spinal cord injuries can necessitate intrusive, expensive surgeries and an extended process of rehabilitation.
Spinal cord injuries can be either incomplete/partial, or complete. A complete spinal cord injury is one that causes total paralysis at and below the injury. This can include quadriplegia (paralysis of all four limbs) or paraplegia (paralysis of the legs). An incomplete injury will allow some function to remain, with the brain still being able to communicate via certain spinal pathways.
In the case of an incomplete injury, though it may not be immediately apparent (especially in the case of post-accident adrenaline), medical treatment must be sought immediately, as it could worsen.
If you have recently been in an accident or had any head or back trauma, some symptoms of an incomplete spinal injury include:
The possible causes of catastrophic injuries are fairly broad, and can even result from things fairly commonplace, such as tripping. Common causes of catastrophic injuries include:
Florida follows the modified comparative negligence rule, meaning that a victim’s judgment will be reduced in proportion to the amount of fault they bear for their injury up to 50%. If they are found to be 51% or more at fault for their injuries, they are barred from recovery. For instance, should a court decide that both a plaintiff and a defendant were negligent and the plaintiff was 80% at fault for their injury, they would be unable to recover any compensation.
There are three basic types of compensation for most civil claims in general:
Economic damages are mathematically demonstrable damages associated with losses or expenses resulting from an accident or incident.
These can include:
Non-economic damages address the intangible aspects suffered by the injured party. These can be a bit more difficult to calculate as they can often be subjective and without many rules regarding calculating amounts.
These damages can include:
In the tragic event of a death resulting from negligence, medical malpractice, a defective product, or an intentional act, loved ones will often be able to file a wrongful death claim if death results. This is true even if the death of the decedent occurs months after the accident or incident; the statute of limitations is two and a half years from the date of the death of the decedent, not the accident or incident.
In addition to the damages mentioned above, compensation for a wrongful death can include:
Punitive damages are awarded against a party that has acted particularly egregiously.
As the name implies, they are awarded to punish the party and consider:
These factors are relatively broad and allow a lot of room for argument. Should you have a claim that could include punitive damages, it is essential to speak with a catastrophic injury claims attorney who handles civil suits involving catastrophic injuries and knows how to argue this punitive damages calculation.
For these accident victims, life can change suddenly and dramatically. However, before they can receive any monetary compensation, they must prove that the injury was the fault of another party.
Proving fault in a negligence case is done by a specific logical formula, analyzing whether the injury or loss was caused by someone acting in an unreasonable manner that foreseeably put people at risk, and whether their unreasonable actions directly led to the injury or loss. Should negligence be found, there will then be an analysis of damages.
The elements analyzed as part of this determination are:
In negligence cases, the defendant has certain defenses available, each seeking to negate one or more of the negligence elements by providing evidence.
The defendant can attempt to prove that they did not owe a duty of care in the circumstances of the case and that they did act with reasonable care.
The defendant can also attempt to prove that the plaintiff’s own actions caused or contributed to the injury, or that the plaintiff committed an act and, in so doing, assumed the possibility of risk.
If the defense is successful, an award for damages will be dismissed or reduced by the percentage the plaintiff is found at fault. This can be combatted by consulting with a catastrophic injury law firm.
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If you have suffered a catastrophic injury, it is in your best interest to promptly seek a catastrophic personal injury lawyer in Boca Raton to ensure your legal rights.
If you are injured in Palm Beach County or South Florida, a Boca Raton catastrophic injury attorney can assess the strength of your case, advise you on the best course of action to take, and prepare your case by conducting legally binding interviews with all parties and witnesses, investigating the facts of the event and other pertinent facts, and negotiating with insurance carriers to achieve a result that is fair and just.
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I am so happy I chose to come to Kogan & Disalvo they welcome me in like family when you go in ask for Jay London and Jess the best they keep me informed on everything excellent service I thank y’all so much keep up the amazing work.
I was injured while shopping at the largest corporate stores in the US. Numerous attorneys at Kogan and DiSalvo helped settle my case with a positive outcome. They set a new standard for case review of unusual elements involving the injuries I sustain ed. After continual delays by the defendants,Tiffani held fast and resolved the issues through mediation. Kogan and DiSalvo came highly recommended by friends in the business. I would also like to recommend this group for your litigation needs.
We were very impressed with the way Rachel and her team handled my mother’s case. They were not only very detailed and professional, but were always available to answer questions and concerns.
I had the pleasure of having Amanda as my paralegal over my case and she made my experience a lot smoother. She was attentive and compassionate when speaking with me and explained the legal jargon seamlessly. Now that my case has finally wrapped up I can say that I would recommend Kogan & DiSalvo to anyone in need of personal injury representation. Yes they are a giant of a legal team but with a great team that feels personal to you.
If you’re reading this, in search of representation, I wish you the best and hope you choose a team that will passionately represent you.
From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.
Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.
Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..
My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.
Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!
Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.
I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏
Really nice and friendly people to work with
Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!
Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm
Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!
Very great and didn’t forget about us thank you so much
Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.
Everyone was very professional and nice
Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you
My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.
I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!
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