Catastrophic Injuries From Accidents

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Catastrophic injuries usually occur in an instant, without any warning whatsoever. They involve severe injuries that result in permanent disability, prolonged medical issues or a significantly diminished life expectancy. Unfortunately, there is also the reality of extremely high medical bills that are attributed to a catastrophic injury. Bills that may or not may not be covered by insurance. 

Catastrophic injuries affect everybody around the injured person, especially their family. They generally involve injuries to the brain, spinal cord, the spine itself, crushing multiple fractures or severe burns. An accident victim may never be able to return to his or her former job, and many people who suffer these injuries will never be able to work at all.



Common Causes of Catastrophic Injuries

A wide variety of events can result in catastrophic injuries. Most are caused by the negligence of somebody else. Some causes include but are not limited to:

  • Car accidents
  • Motorcycle and bicycle accidents
  • Medical malpractice
  • Railway accidents
  • Aviation accidents
  • Defective products

Catastrophic injuries can result in severe impairment of the central nervous system. In turn, that impairment can affect voluntary nervous system functions such as speech, movement of extremities and cognitive abilities. Even involuntary nervous system functions involving breathing, circulation and digestion can be affected. For purposes of managing a catastrophic injury, the knowledge and experience of different healthcare professionals might be required. Those professionals might include:

  • Physicians
  • Nurses
  • Therapists
  • Psychologists
  • Caregivers

The Damages Issue


Obviously, the needs of a person who has suffered a catastrophic injury are far in excess of those of other injury victims. When victims reach maximum medical improvement, they might continue to be permanently disabled while living with significant pain and suffering along with a shorter life expectancy. Determinations must be made as to the future costs of care and treatment and life care planning.



Future Costs of Care and Treatment


Those who suffer a catastrophic injury will need temporary or permanent financial help for care and treatment with the goal of maximum medical improvement or even complete recovery. A rating of the degree of a person’s impairment can dramatically influence the amount of compensation a person receives along with where that compensation comes from. An impairment evaluation will also influence future issues like:

  • What type of work, if any, the injured person can perform
  • Eligibility for other compensation or benefits
  • How independently he or she might be able to live
  • The types of physical or psychological therapy that might be of benefit

Life Care Planning

This type of planning involves an evaluation of medical care and accessories that a person will need for life after suffering a catastrophic injury. Rehabilitation experts ordinarily consult with other experts and develop individualized life care plans for patients. The issues of aging, progression of the disability and complications are also taken into account. All costs are computed based on present day value. These life care plans are used by attorneys for purposes of seeking compensation for catastrophic injuries that their clients have suffered.



Proof of Negligence


To show negligence in any case, catastrophic or not, the injured party is required to 
prove the following elements:

  • That a duty was owed to them by the person they claim is liable for their injuries
  • That a breach of that duty occurred
  • That the breach of duty caused the damages claimed
  • That the claimant suffered legally recognized damages

Because of the enormous potential financial exposure to defendants and their insurers, catastrophic injury cases are vigorously defended. Defense lawyers know that if the injured party fails to establish any single element of their negligence case, the case fails in its entirety. A claimant might also be partially responsible for his or her own injuries. Defense attorneys hired by the insurance company will look for any way that they might be able to shift some of the blame for the accident onto the claimant. That could reduce damages by millions. The best defense is a great offense. 



Compensation for Damages


Although the facts and circumstances of every injury case are different, damages that are generally available to a victim of a catastrophic injury case can include but not be limited to:

  • Past and future medical and life care costs
  • Past and future lost earnings
  • Past and future pain and suffering
  • Permanent disfigurement
  • Permanent disability
  • Loss of a normal life

Recovery of Damages


We might hear of extraordinarily large jury verdicts in catastrophic injury cases, but there are times when those verdicts just can not be collected. For example, a defendant in a motor vehicle accident might be riding on a $100,000 policy and have a judgment entered against them for $10 million. It is likely that the victim is only going to collect $100,000. Other efforts must be made for obtaining care and treatment. An attorney who is experienced in catastrophic injury cases can be most helpful in lining up alternative financial assistance. 

Catastrophic injury cases involve highly complex litigation. Only consult with an established attorney with significant experience in handling catastrophic injury cases.

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Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.