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Horrific accidents cause catastrophic injuries such as paralysis, brain damage, and other life-changing injuries that can devastate a family’s financial well-being. When injuries like that happen, it is in the best interest of the patient and the family to promptly arrange for a consultation with a West Palm Beach catastrophic injury lawyer. Distinguished personal injury lawyers from Kogan & DiSalvo will handle a catastrophic injury case on a contingency basis, in which the attorney’s fee is taken from the monetary award when the case wins, but the lawyer does not charge a fee if the case is lost.
Florida law defines a catastrophic injury as a “permanent impairment” that prevents a person from performing productively, keeping them from gainful employment. Spinal cord and nerve injuries rob the patient of strength, sensation, and control of body functions below the point where the injury occurred and can cause paralysis. Traumatic brain injuries can also cause severe symptoms, including abrupt and significant changes in personality.
Some of the symptoms of traumatic brain injuries include:
Other severe injuries include amputations, blindness, and burn injuries. For any of these injuries, an individual or loved one should contact a West Palm Beach catastrophic injury lawyer to help them seek damages.
The most common causes of catastrophic injuries include:
Fault for an accident is typically decided by doing a negligence analysis, which is a particular legal formula that includes duty, breach, injury, and causation:
Although this seems straightforward, it can become complicated in cases where the person who caused the accident may not necessarily be at fault. For example, a truck driver whose supervisor requires them to work more hours than what is federally mandated. In this case, coercion from the supervisor could place liability on the company–even if the sleep-deprived driver caused the accident.
In any accident that involves catastrophic injuries, the damages are relatively high as more losses must be compensated. Because these injuries often require long recovery periods with expensive medical and rehabilitative treatments, these cases are complex and require a great deal of analysis and evidence to determine damages.
There are three basic types of damages: economic, non-economic, and punitive.
Economic damages are quantifiable, e.g., the emergency room visit, multiple surgeries, physical therapy, missed time from work, and car repairs. These are all reflected in the bills listing specific amounts. In addition, it can also refer to medical expenses for future medical care—for example, more surgeries to repair a knee or plastic surgery to minimize scarring.
Some examples of economic damages include:
Non-economic damages are more subjective and require more argument, industry knowledge, and expert witnesses to win. These damages must reflect the changes in a victim’s life that do not have a well-defined market value. For example, the value of their mobility when they were able to teach their child how to compete in a sport they loved, getting together with their friends for a beach volleyball game, or losing a significant degree of independence. Much of this analysis will depend upon the injured party’s lifestyle before the accident and the severity of the accident.
Non-economic damages include:
Punitive damages are, as the name implies, intended as a punishment for particularly egregious behavior from a defendant. They are also often referred to as “exemplary” damages as they serve a secondary purpose of deterring potential defendants from similar conduct. To be awarded punitive damages in Florida, it must be demonstrated by “clear and convincing evidence” that the defendant was guilty of intentional misconduct or gross negligence.
Modified comparative negligence means that in a lawsuit–the damages awarded to a plaintiff will be reduced by the amount of responsibility they bear for the accident, up to 50%. For example, a bicyclist runs a red light and is struck by a car whose driver is sending a text. The court may determine that the bicyclist was 40% at fault. In that case, they could still recover 60% of the damages they suffered from the accident–despite being primarily at fault. However, if the plaintiff is found to be 51% or more at fault, they are barred from recovery entirely.
Damages can be a complicated issue that goes to the heart of a case. Because the higher the number and the more nuanced or speculative the damages, the more convincing the evidence and arguments that must be made to convince the insurance company to settle or a judge to award the total amount requested by the plaintiff.
It’s best to speak with a West Palm Beach catastrophic injury attorney. Insurance companies have extensive industry knowledge and are experienced in minimizing and denying claims. They place the most resources into cases with the highest potential settlements or judgements. In addition, adjusters often offer a quick payout that will seem reasonable when the bills are piling up but will not cover future expenses.
An experienced attorney can identify the nuances to argue for future economic damages, find expert witnesses and peer-reviewed scientific articles to help demonstrate non-economic damages, and make the difficult push for punitive damages–it makes sense to have your own knowledgeable advocate.
Whether establishing negligence to meet the “preponderance of the evidence” standard or meeting the “clear and convincing” standard for punitive damages, all arguments in court must be based upon evidence.
For medical malpractice, evidence can include photos of an infected surgical site, notes about the patient from the treating medical professional, or follow-up medical appointments to diagnose the malpractice. Photos of the icy parking lot or spilled liquid in a grocery store are helpful for slip and falls. For car accidents, a smartphone can document the conditions of the road, the weather, the traffic, the presence of a construction site, and other factors that may have led to the accident. In all of the above, witnesses can also play an important role.
It is also vital that you don’t inadvertently help out the defendant. This includes posting details of the accident or resulting injuries on social media—also, ensure that no one tags you in a post about the accident. Lawyers and insurance adjusters will scan social media to look for evidence to minimize the damages.
Entering the legal system begins with hiring a West Palm Beach catastrophic injury lawyer, who is well-versed in this area of law. The lawyer will begin with “discovery,” which is gathering the physical evidence of the accident scene, and may decide the accident needs to be reconstructed for a jury. Testimonial evidence is obtained by conducting interviews under oath with all the parties involved and witnesses.
The highly technical treatment, therapies, and equipment involved may require the testimony of a medical “expert witness” to help prove the case and weaken the opposing side’s arguments. The attorney also will anticipate the opposition’s defensive strategy and prepare to refute it. During the legal process, motions may be made on a variety of contested positions, and they require a response in a timely manner. Many personal injury cases are settled between the parties instead of going to court. If that happens, West Palm Beach catastrophic injury lawyers will aggressively negotiate a settlement that is fair and satisfactory to the client.
Total reviews: 1043 |
Average rating: 4.9
10/10 law firm definitely recommending.
After my car accident, I was not sure where to turn, but the incredible team at Kogan & DiSalvo turned what felt like a nightmare into a smooth process. Each team member went above and beyond to make me feel supported, and confident that my case was in the best hands possible.
My paralegal Sam was an absolute superstar. She handled my case with precision and care. Any time I had a question, she was just a phone call away, ready to provide clear, detailed answers and updates. Her attention to detail and commitment to helping me was very reassuring.
Angelica was the friendly face and welcoming voice that made every interaction with the firm feel personal and comforting. From the first phone call, she treated me like a priority, always greeting me warmly and ensuring I was connected to the right person promptly. Her professionalism and genuine kindness made every visit to the office a positive experience, even during stressful times.
My amazing attorney Rachel took the time to explain every step, ensuring I understood my options. Her dedication to securing the best outcome for me was evident in every decision they made. Ultimately, their hard work resulted in a settlement that exceeded my expectations, giving me the support I needed to move forward.
I’m beyond grateful for their efforts and would highly recommend this firm to anyone in need of exceptional legal representation.
I’m very glad I decided to go with Coogan and Salvo. They’re very professional and they’re ahead of the curve of other firms using apps to follow up on doctors visits and case progress which makes it easier to follow. I definitely recommend
Coogan & Salvo you’ll be glad you did.
After 4 years and 9 months, our case has finally been settled out of court thanks to Todd Baker and his team: Debra, Lesley, and Amahnia. Before Todd Baker took over our suit, we had almost given up on our case. Todd and his team came highly recommended. After meeting with Todd, we decided to put our trust in him to pursue our case. We are thankful that we did. Without Todd Baker, we know we wouldn’t have gotten the settlement we did. We would highly recommend only working with Todd Baker and his team.
Kogan & DiSavo did an excellent job in handing my personal injury case. I found their staff to be caring and knowledgeable and would definitely recommend
Outstanding Legal Services by Todd L. Baker, Esq., and Team
I had the pleasure of working with Todd L. Baker, Esq., and his exceptional team, including Debra Tejada and Leslie Hernandez, and I cannot recommend them highly enough. From the very first consultation, Todd’s professionalism, deep legal expertise, and attention to detail were evident.
Debra Tejada, Todd’s assistant, was incredibly organized and always kept me informed throughout the process. Her communication skills and efficiency made a potentially stressful situation much easier to navigate.
Leslie Hernandez also stood out with her friendly demeanor and ability to handle complex tasks seamlessly. Her support and dedication were invaluable.
Together, they make a wonderful team, going above and beyond to ensure the best possible outcome for my case. If you’re looking for a lawyer who truly cares about their clients and a team that delivers top-notch service, Todd L. Baker, Esq., and his staff are the way to go.
My husband slipped and fell in a store due to a leaky ceiling. He immediately called Kogan & DiSalvo. He spoke to someone right away and they were on his case. He went to the doctor that they provided and was diagnosed. The attention that he received from the staff and lawyers was just amazing. All of his questions were answered, and we had complete satisfaction with the way this case was handled even though it was a very small case. We appreciate everything that was done for him, and I would definitely recommend Kogan & DiSalvo for anyone that has had a slip or fall. Thank you again!
Great Professional Team!
The number one injury attorneys in Florida!!
In September of 2024 , I was in an accident and hired a well known attorney in the state to which refused to return my calls and was very disappointed which ended in their representation of myself!
I then hired Kogan and DiSalvo,, and was VERY satisfied with them!
They returned EVERY call and answered my questions and concerns… to which ended in a settlement in 4 weeks!!
I would recommend Kogan and DiSalvo to those frustrated with misleading information… they are on top of their game!!
Thank you… Paul and team.
Joseph Z.
After my accident, Gisselle and Jay helped me immensely. They took care of everything I needed and were incredibly responsive to my questions and concerns. I feel incredibly well taken care of and cannot recommend them enough!! Thank you Jay and Gisselle for your hard work and effort with my case! 🙂
The best lawyers that I ever had to deal with they were right on point. They got their job done quick and fast. I didn’t have to wait that long and they got more than what I expected to get. They are good lawyers. They are very good lawyers. I would use them and I will recommend them to anybody
Tiffany, Maria and Michelle were easy to work with, knowledgeable and kind. It was a long process but I was kept informed along the way. Thank you for getting me what I deserved.
I was injured in a bicycle accident with an automobile in which I accumulated thousands of dollars in medical bills. I contacted Kogan & DiSalvo to see how to handle these bills, they explained the whole process and that I wouldn’t have to pay them any upfront money. I was assigned an attorney and a paralegal who explained every step of the process as it progressed. I dealt with Amanda who answered every question I had and I had a lot of them. They got all of my bills paid.I received payment for a new bicycle as well as a settlement from the accident. I would highly recommend this firm to anyone in need of help.Lastly I would like to thank Amanda who was super helpful throughout this case.
They were absolutely phenomenal!
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..
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