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Catastrophic Injury Case Information

Catastrophic injury litigation requires experience with complicated medical evidence and complex financial damage calculations. If you or a loved one suffered catastrophic injury in a car accident, motorcycle accident or fall or from a defective product, you are likely to require medical care and treatment for several years or, in many cases, a lifetime.

You may only have one chance to properly secure the financial resources you need to meet your astronomical financial obligations. Catastrophic injury attorney Brian Toung can help. Our Daytona Beach law firm has successfully represented clients suffering from a wide range of catastrophic injuries.

If you were injured while visiting Florida, we can help. We can handle most of your case over the phone and make court appearances for you. Florida is a popular tourist destination for the entire world, and we work hard to provide quality legal services to everyone who comes here.

Contact us anytime for a free consultation. Call 386-492-0022 locally or 800-365-8063 toll free.

Catastrophic Injuries — An Overview

A catastrophic injury or illness usually occurs suddenly, without warning. Injuries that are considered catastrophic, due to the enormous impact they have on sufferers, include:

  • Brain injury
  • Spinal cord injury
  • Accidental amputation
  • Severe burns
  • Multiple fractures
  • Other neurological disorders

A catastrophic injury or illness often causes severe disruption to the central nervous system, which in turn affects many other systems of the body. In addition to possible loss of movement, sensation, and communicative and cognitive abilities, the injury or illness may impact respiration, circulation, skin, the urinary system, the gastrointestinal system and other bodily systems. Management of such an injury is complex and requires the expertise of a team of health professionals, including physicians, consultants, nurses, therapists and counselors.

Clearly, the long-term needs of someone who has experienced this type of injury far surpass those of individuals with less severe injuries. Individuals may recover from some catastrophic injuries if they receive proper, early medical treatment; however, others may experience permanent disability, significant suffering and reduced life spans.

Available Remedies To Recover Compensation Needed To Move Forward

If a catastrophic injury was caused by the negligent or intentional act of another or by a dangerous or defective product, a personal injury claim by the victim will be an integral factor in determining his or her future quality of life, including the quality of the medical care and other support he or she will receive. Because of the huge financial implications of a catastrophic injury, one of the most important aspects of bringing a personal injury claim is determining the value of such a claim. A person whose earning capacity has been substantially impacted and who is likely facing a lifetime of care requires an experienced attorney with specialized knowledge of his or her particular type of injury to ensure that he or she obtains all the financial support needed, possibly for decades to come.

Compensation Issues

Unfortunately, often only a small amount of insurance is available to compensate a catastrophically injured person, and it becomes necessary to seek alternative compensation or government assistance. Some of the worst, most dangerous drivers often carry the least amount of insurance allowed by law or no insurance at all. In such cases, an injured party might recover only up to the limits of his or her uninsured/underinsured motorist coverage benefits, which typically will fall far below the losses suffered. Also, contrary to popular belief, huge jury verdicts are rare, and most injury victims are undercompensated for their injuries.

For these reasons, it is important to seek the assistance of an attorney who has experience with catastrophic injury cases; he or she will consider and know how to reach every possible source of recovery in a personal injury claim. Additionally, even if your attorney determines that you do not have a legal cause of action against a responsible party, he or she might assist you in obtaining government benefits, which is often a daunting task for those not trained in the law.

The following are examples of how an experienced attorney can help locate and pursue recovery from responsible individuals.

Burn scenario

There is often inadequate insurance coverage to properly compensate burn victims for their injuries. For example, assume two cars are involved in a serious motor vehicle accident that causes both vehicles to burn beyond recognition and both drivers to suffer burns over 75 percent of their bodies. An inexperienced attorney may conclude that all either driver is entitled to is the amount of each driver's automobile insurance, typically $20,000 to $100,000.

An experienced attorney, however, will have the knowledge and resources to investigate the accident and fire and may discover vehicle defects, road defects, additional insurance or assets hidden by responsible parties, all of which could result in a far greater recovery. Moreover, an experienced attorney will be better prepared to maximize the benefits to which a burn victim is entitled under his or her own insurance policies.

Brain injury scenario

One can sustain the force necessary to suffer a brain injury in several types of accidents, including car accidents, sports-related occurrences and workplace accidents. Assume a worker is painting on a scaffold when the platform gives way, causing a violent fall and serious closed head injury. Some attorneys may see this solely as a workers' compensation claim, which will limit the victim's recovery as a matter of law because, in most states, an injured worker cannot file suit against his or her employer.

An experienced attorney, however, will consider additional theories of liability and defendants. For example, a product liability case may be brought against the manufacturer of the scaffolding, which could result in a large recovery. Also, many work sites have multiple contractors, responsible for different aspects of a project; therefore, an investigation should be conducted into the involvement of others in installing and maintaining the scaffold. Finally, experienced attorneys will always closely examine emergency technician and medical records to determine whether the medical care given to an injured individual was proper.

Get A Free Consultation

Schedule a free initial consultation with our experienced attorney. We will come to you at your home or hospital room if your injuries prevent travel. Call 386-492-0022 locally or 800-365-8063 toll free. The Law Office of Brian R. Toung, P.A., offers a contingency fee basis, which means you pay nothing unless we recover.