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Catastrophic Injury Attorneys in Boca Raton 

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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.

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What Makes a Catastrophic Injury Catastrophic? 

An injured worker strapped to a medical gurney while paramedics work on him

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.

Types of Catastrophic Injuries 

Exterior of a building with a sign reading "Hospital"

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:

  • Traumatic brain injuries
  • Amputations
  • Disfigurement
  • Spinal cord injuries
  • Severe burns
  • Crushing injuries
  • Neurological disorders
  • Multiple fractures

Traumatic Brain Injuries 

Doctor in a hospital reviewing screens showing a brain injury

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:

  • Concussions: The brain moves around inside the skull, bouncing or twisting and creating a brain injury. Symptoms can include headache, dizziness, ringing in the ears, lack of coordination, confusion, memory loss, nausea, vomiting, and fatigue.
  • Brain hemorrhages: A ruptured blood vessel causes bleeding inside the brain, often created by trauma. Symptoms include numbness or weakness in part of the face, difficulty walking, or difficulty speaking. This condition requires emergency medical intervention.
  • Contusions: A type of hematoma (collection of blood outside the blood vessel) where capillaries are damaged and blood leaks out, causing a bruising on the brain.
  • Coup-contrecoup brain injury: A coup injury results when the brain strikes the skull beneath a point of impact, and a contrecoup occurs if the head then snaps back and strikes an object in the opposite direction, causing the brain to strike the skull beneath this impact point as well.
  • Penetrating brain injury: A penetrating brain injury occurs when the skull is penetrated, resulting in a foreign object or skull fragments piercing the brain.
  • Intracranial hematomas: A collection of blood within the skull that can be caused by a ruptured blood vessel and can cause pressure to build up on the brain.
  • Diffuse axonal injury: This particularly serious injury is a shearing of long, connecting nerve fibers, or axons, that can occur when the brain shifts and rotates within the skull. These injuries can often result in comas and severe injuries to several regions of the brain.
  • Second impact syndrome: After a TBI like a concussion, the brain is vulnerable to additional injuries during the healing process. Second impact syndrome occurs when a second TBI occurs before the victim has recovered from the first, resulting in a more damaging second injury.

Amputations 

Open door to an operating room in a hospital where surgeons are working

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: 

  • Type and location of amputation 
  • Condition of remaining limb 
  • Whether prosthetics can be used 
  • Age and pre-injury health 
  • Other injuries sustained in the accident or incident 
  • The emotional and psychological state of the victim  
  • Availability of immediate medical attention 

There are two types of amputation:  

  • Partial: Some part of the body, such as a tendon, is still keeping the partially amputated body part connected 
  • Complete: The amputated body part is no longer connected to the injured person 

Depending upon whether the amputation is partial or complete and what was amputated, the physical effects can include: 

  • Loss of mobility and dexterity: Lower-limb amputations will affect the ability to walk, while an upper-limb amputation will affect balance and the dexterity required to perform day-to-day tasks. 
  • Stump and phantom limb pain: The damaged nerves at the end of an amputation can cause pain, as can phantom limb (the feeling that the limb is both still there), which occurs in most amputees. 
  • Muscle contractures: A shortening or tightening of muscles created by an imbalance in limbs, often when an amputee remains in a fixed position for an extended period of time, such as during their hospitalization or recovery. 
  • Infection: An amputation results in a high chance that an infection will result, further damaging the limb and potentially requiring more to be amputated and potentially progressing to a fatal condition. 
  • Deep vein thrombosis: a blood clotting condition that can cause a fatal pulmonary embolism. 
  • Fatigue: Ordinary activities will often take more effort for an amputee, such as walking with a prosthetic or doing everything one-handed. 

An injury as extreme as an amputation has psychological effects as well. This includes: 

  • Issues adjusting to their new anatomy and level of ability 
  • Body image issues 
  • Lost ability to engage in previously enjoyed activities 
  • Post-traumatic stress disorder (PTSD) 

Spinal Cord Injuries & Paralysis 

A doctor looking at an X-ray of a spinal cord injury on a tablet computer

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: 

  • Weakness in arms or legs 
  • Loss of bladder or bowel control; 
  • Unusual lumps along spine; 
  • Difficulty breathing 
  • Decreased feeling in the arms or legs; and  
  • Severe pain or pressure in the neck or back 

Common Causes of Catastrophic Injuries 

Firefighters and EMTs loading an injured driver onto a stretcher next to a flipped-over car

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: 

Compensation for Catastrophic Injuries

A printed medical billing statement with a stethoscope on top of it

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; 
  • Non-Economic; and  
  • Punitive. 

Economic damages are mathematically demonstrable damages associated with losses or expenses resulting from an accident or incident.

These can include: 

  • Medical bills such as corrective surgery or emergency room visits 
  • Rehabilitation such as physical therapy 
  • Lost wages from time out from work 
  • Loss of earning potential 
  • Damaged property, such as a car in an accident 

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: 

  • Pain and suffering 
  • Loss of consortium 
  • Loss of enjoyment of life 
  • Mental anguish 
  • Disfigurement 

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: 

  • Wages, bonuses, commissions, benefits, and other income the decedent would have earned until retirement 
  • Loss of services, i.e., caretaker services in the case of children or a disabled spouse, home repair and maintenance, and other services 
  • Funeral and burial expenses 
  • Loss of love, emotional support, and companionship for spouse and children 
  • Punitive damages 

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: 

  • The egregiousness of the conduct of the defendant 
  • The defendant’s financial condition 
  • Their relationship to actual damages 

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. 

Negligence Elements 

A gavel laying on top of a legal book in front of scales

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: 

  • Duty of care: A reasonable person has a legal obligation in doing any act to foresee that the act could harm others. 
  • Breach: A person who commits an act that harms another has breached his duty of care obligation. 
  • Cause in fact: The act of breaching the duty of care obligation is a direct cause of harming another. 
  • Proximate cause: The act caused harm that could not have been foreseen. 
  • Damages: The person harmed sustained an injury or property damage. 

Proving Fault in a Catastrophic Injury Lawsuit

A file folder tab labeled "Evidence"

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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The Benefits of an Attorney 

The attorneys at Kogan & DiSalvo in front of their office building

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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5

Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!

5

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

5

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!

5

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5

Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.

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Everyone was very professional and nice

5

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

5

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.

5

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!

5

Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.

Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.

I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.

5

We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.

5

Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.

5

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5

I’ve never had to get an lawyer due to an accident before, Kogan and DiSalvo made this process and head ache free as possible. I hope that it doesn’t come to it but if I ever needed to choose someone again I would choose them.

5

I loved my experience with my Lawyer George and Macy and Victoria are the absolute sweetest!!

5

Love attorney Rachel~ She gets the job done fast and is thorough as well as informative. Such a genuine firm whom truly cares about people and what they deserve from the pain and suffering of being hit. Her assistant Oxsana is also fabulous. Highly recommend.

5

Great experience with K&G from beginning to end! Amanda worked diligently and kept me informed on any updates throughout the case. My lawyer Jay was also straightforward and trustworthy, he walked me through his plans and processes. Everything was handled well, I didn’t even have to think much about the case or stress. I’m glad I chose this firm & would return if ever necessary!

5

Love this firm!

5

I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.

5

I hired Kogan & DiSalvo after an auto accident involving a tractor trailer. Honestly, I was dreading having to deal with a law office, but my attorney, Todd Baker, and his staff immediately put me at ease with their professionalism, compassion and expertise. The whole legal process was easier than I had expected, and Todd did a stellar job in negotiating a settlement in my case. I am very happy that I chose Kogan & DiSalvo to represent me. Thanks again!

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