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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.
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Brenda Gibbons
My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.
Ivelisse Torres
Amazing!!! Thank you. Thank you for making this process so easy. Thank you for making me feel comfortable. I would recommend you guys to anyone in need!
Brianna Cataudella
Great experience
Karlee Currin
So grateful for the team at Kogan & DiSalvo, especially Amanda Hudson. I was a bit overwhelmed by the thought of getting legal assistance, but Amanda was thorough, clear, and super easy to work with. Thank you!
Lachina Mcdaniel
10 out of 10 will always recommend
Monique Wilkerson
Kogan and Disalvo are the only choice in town if you are ever in need of an injury attorney! I gurantee they will be the best lawyers you will ever work with!!
Luisa
From the first interaction with Kogan & DiSalvo, you will know without a doubt that you are in the best, and most capable hands possible. The attorneys and legal team here are very attentive, professional, and results-driven with a passion for getting their clients the compensation they deserve. They show that no insurance company is too big for them to take on and they fight for what is right. Their determination and aggressive approach to fighting on behalf of injured victims is what truly sets them apart from the other attorneys in the area. I recommend them wholeheartedly 5/5
Caitlin Voss
After an accident, the last thing you need to worry about is an attorney that doesn’t do his job. Well, I guarantee you will not find that here at this law firm!
Kogan & DiSalvo Personal Injury Lawyers is a law firm with morals and values. They give each and every single one of their clients, their FULL attention and dedication. They bring the fight to the insurance companies and negligent party/ies, never backing down, all the while keeping you updated every step of the way, and ensure you are recovering and healing properly from any injuries sustained. They will fight on your behalf to get you every single dollar you deserve. I seriously cannot recommend them enough
Blake Harper
If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!
Charles Lee
Skilled, reliable, and quick to get things done. Truly impressed and would recommend them to anyone!
heather
Im getting paid to give 5 stars they wouldn’t pay me because i put the truth
Rizza Black
The best law firm you will ever work with. Excellent communication and professionalism, they ensure you are always updated throughout the process. Very personable and show your not just another number and check to them.
McDonough
great service thanks
Phillip Pond
Great service, highly skilled and knowledgeable, very professional and good at what they do.
david eddinger
Very easy to talk to and explain everything clearly to make sure you understand how things will be taken care of.
Eric B
I had a great experience working with Dan and Lauren. They were extremely professional, courteous, and always responsive—no matter how many times I called, they took the time to answer my questions and provide clarity. Their dedication and professionalism truly stood out. I highly recommend them—a great team you can trust.
Alisa Grant
I’ve seen first hand, from a friend, the kind of top tier support and dedication that Kogan and DiSalvo Personal Injury Lawyers give to their clients. They are professional, aggressive, highly experienced and knowledgeable, and overall just some good honest hard working attorneys. Also, the team and staff here are just as amazing. Very communicative, always reachable, and never answer with an attitude or with an un-empathetic tone. Each time she had spoken to them, she never felt rushed or as if she was just another number to them. We recommend them 10/10!
Jason T Childs
Great to deal with, great customer services.They really care about their clients and their needs
matthew crampton
A law firm that is actually for the people, a law firm that has your best interests, and a law firm that fights for you and the justice you deserve. They do not stop until they get you every single thing you deserve. You definitely want these guys in your corner.
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