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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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Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
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Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
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I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
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My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
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Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
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Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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