Connect with us!

Call now for a FREE consultation

(561) 375-9500

West Palm Beach Catastrophic Injury Lawyer

Get Your Free Consultation

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.

Catastrophic Injuries Defined

Woman with a spinal cord injury sitting in a wheelchair in front of a window

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:

  • Difficulty with concentration
  • Memory issues
  • Confusion
  • Slower brain processing speed
  • Speech and language issues
  • Perception difficulties
  • Blurred vision and other issues affecting the senses.

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.

Common Causes of Catastrophic Injuries

Helmet next to bike on crosswalk after a bike accident

The most common causes of catastrophic injuries include:

  • Vehicular accidents The size and weight of the vehicles, their speed, and the location of the impact all contribute to the accident’s severity. In addition, accidents like a side-impact (“T-bone”) collision, rollover accident, and head-on collision are more likely to produce a catastrophic injury.
  • Medical malpractice Doctors, surgeons, anesthesiologists, radiologists, nurses, and other healthcare professionals can also be liable for medical malpractice. OB/GYNs, neurosurgeons, and other medical specialists that work in high-risk fields can also be responsible for a catastrophic injury.
  • Slip and falls Can lead to a traumatic brain injury depending on the circumstances. These accidents are most common on hard surfaces that are slippery from snow and ice or spilled liquids
  • Fires and explosions These injuries are more common on construction sites or in the military and may result from improper workplace safety protocol.

Assigning Fault

Female defense attorney in courtroom presenting a case

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:

  • Duty of care: The law obligates a reasonable person to act in a sensible manner toward others and not cause harm. Essentially, everyone (potential defendants included) is typically required to act as a reasonable person under the circumstances.
  • Breach: An action, or failing to take an action, that violates duty of care, such as driving recklessly.
  • Injury: The plaintiff suffered an injury as a result. This could be a physical injury, such as a broken bone, or a financial loss, such as having a bike or car damaged in an accident.
  • Causation: The defendant must be the direct cause of the injury.
  • Damages: The court will then move on to analyze the damages, or the monetary value of the injury suffered by the plaintiff.

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.

Potential Damages in a Catastrophic Injury Lawsuit

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

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:

  • Expenses for medical and therapeutic treatment and related equipment
  • Loss of current and future income
  • Loss of earning potential
  • Property damage
  • Rehabilitation

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:

  • Pain and suffering
  • Mental anguish
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of consortium
  • Damage to reputation
  • Emotional distress

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.

Florida is a Modified Comparative Negligence Jurisdiction

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

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.

Gathering Evidence

A file folder tab labeled "Evidence"

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.

Navigating the Legal Process

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

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: 1215 |

Average rating: 4.9

4

Brian and Mia were great! They cared about what I was going through… always there to answer any questions I might have had!

5

The was very professional and willing to work with you and make show you get what you deserve.

5

Great experience all around from my attorney Paul! Gave me information about the whole experience and kept me updated throughout the process until my case was closed! Highly recommend!

5

Jay London is the absolute best lawyer I have ever had!!!

5

Quickly and fast respond, very good lawyer and friendly responding all my questions and all time be available to help in anything, also the first lawyer give you he personal cell number to respond you even in text messages thank you Paul Silvestri for get me 50k

5

I would like to thank my attorney Jay London and his paralegals Heather and Mandy for taking care of my case after my motor vehicle accident. They made it easy to handle my case and dealing with my insurance company. I will always be grateful for your help.

Thanks.
Lucy

5

It’s never a good experience when you’re involved in an accident. But when a firm believes in you and continues to represent your case diligently and guides you legally through the process no matter the end result you feel you entered the process with a great team.
Don’t hesitate to call and ask “ can you help me?” You will get a fair evaluation and excellent representation.
CVG

5

We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.

5

They were kind and knowledgeable.
They worked diligently on my case and obtained a fair settlement for me.

5

I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made

5

I had the opportunity to work with Rachel Schrager, George M. Bakalar and Amanda (paralegal) following a serious accident, and I cannot recommend them highly enough.
Rachel took the time to understand the nuance of my situation.
Throughout the process, communication was excellent. I was kept informed at every stage, and all my questions were answered promptly and clearly.
Most importantly, diligence and persistence led to a favorable outcome in my case.
If you’re looking for a personal injury lawyer who is knowledgeable and experienced, call Kogan and DiSalvo.

5

My attorney was Ms. Rachel Schrager, and miss Lulu Ferrer from Kogan & DiSalvo. Help me with my case. Nice easy and Quick. Thanks

5

I couldn’t be happier with the way Kogan and DiSalvo handled my case from day one until its resolution. My attorney was always available and I was kept up to date throughout the process. The entire staff was professional, thorough, and empathetic to my feelings and concerns. They fought for what was fair and right. That’s all I asked for and that’s what they delivered. I wish to express my gratitude and say that choosing this firm would never be a mistake if you are in need of a good attorney.

5

I’m very grateful to Kogan & DiSalvo Personal Injury Lawyers for the work they put into my case especially Samantha, the paralegal. She was a key part of the process from start to finish. Samantha made everything clear and straightforward, always taking the time to explain things and keeping everything on track. Her experience and efficiency really stood out. I’m thankful she was part of the team and truly appreciate everything she did.

5

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.

5

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.

5

The personal care that this office gave me was impeccable and I couldn’t be more appreciative

5

(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹

(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹

5

Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.

5

The firm was great with my case.

  • I agree to receive communications by text message regarding your potential case from Kogan & DiSalvo. You may opt out by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply. You may review our Privacy Policy to learn how your data is used.

  • This field is for validation purposes and should be left unchanged.

Our Locations

If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.