Qualified Catastrophic Injury Attorney in Philadelphia, Pennsylvania
Fierce Advocacy for the Victims of Catastrophic Injuries & Their Loved Ones
In legal terms, catastrophic injuries are those that are so severe, they seriously affect the victim’s ability to return to the life he or she once enjoyed. Catastrophic injuries often result in temporary or permanent disability and may impact the victim’s ability to return to work or obtain any gainful employment whatsoever. The cost of treating such major injuries, further compounded by lost income and an inability to work, can place an inordinate burden on catastrophic injury victims and their families.
If you or someone you care about suffered catastrophic injuries as a result of someone else’s careless, reckless, or wrongful actions, you have the right to seek financial recovery in the form of a personal injury lawsuit. The Philadelphia catastrophic injury lawyers at The Villari Firm have over 20 years’ experience representing catastrophic injury victims in Philadelphia and the surrounding areas. Our attorneys can fight for you, too.
Call (215) 600-1363 to speak with a Philadelphia catastrophic injury lawyer today. There is no cost unless you receive a settlement—call now.
Why Do You Need a Catastrophic Injury Attorney in Philadelphia?
A catastrophic injury might leave you with many unanswered questions. You may question your ability to provide for yourself or your family. Even the activities of daily existence might appear burdensome. One of the concerns you have likely considered is whether you should retain our catastrophic injury attorney. When you suffer a life-altering injury, it may be beneficial to maintain our services for the following reasons.
We Explain the Legal Process
You must understand how to file a claim to obtain financial compensation for a catastrophic injury. It begins with the court filing of a summons and complaint. There are several legal stages between filing a claim and receiving the settlement payment.
Our skilled Philadelphia catastrophic injury attorney is familiar with these processes. We can move the case through the system effectively. Strategically, we can choose which procedure to employ to progress our client’s claim.
Case Construction Using the Rules of Evidence
A successful legal claim requires significant proof. Nonetheless, acquiring evidence is not always easy. You may require documentation from external parties. You may also need to persuade unwilling witnesses to provide information. There can be a need for specialists to convey technical knowledge.
We can determine what proof you require. We understand how to collect the needed information and use it effectively for the customer.
Knowing How Much to Demand
Medical expenses are a crucial component of every catastrophic injury claim. However, if you just seek reimbursement for medical expenditures in a claim for catastrophic injury, you are likely selling yourself short.
A catastrophic injury claim may include lost income, nursing care, physical treatment, mental injuries, replacement home services, medical travel expenses, and pain and suffering. Each type of damage must be meticulously established. Our professional catastrophic injury attorney in Philadelphia knows how to determine the claim’s monetary worth and successfully obtain compensation for each category.
Answering Comparative Negligence
The responsible party desires to pay the least amount feasible. Expect them to say whatever they believe will help them avoid difficulties. They may accuse you of contributing to the accident, often known as comparative negligence.
State-specific regulations govern how a claim is processed when many parties are at fault. You must be ready for a comparative fault charge and how to respond to that. Having a competent catastrophic injury attorney who knows the problem of comparative fault will help you handle this type of defense most effectively.
Managing Damage Limits
Various claim categories are subject to damage caps. That implies the maximum amount you may obtain for a specific type of damage. It is essential to comprehend what damage caps are, when they apply, and when they do not. We can assist you in claiming every last dollar you are owed without confusion or diversion caused by damage limitations.
Explaining Opponent Actions and Court Documentation
When legal documents arrive in the mail, it may be nerve-wracking. What does it indicate? What should you do to respond? What the opposing party recently submit, would it be an issue for my case?
We will handle all the paperwork when you choose our catastrophic injury attorney. We can rapidly analyze and convey its meaning. With a specialist on your side, the situation is far less stressful since they can quickly determine what something implies and what you should do next. You are sure that a reliable legal advocate is managing the specifics.
Assessing Alternatives and Settlement Offers
The opposing party has offered a settlement proposal. Should you agree? Should you submit a counterproposal? Our Philadelphia attorney for catastrophic injuries understands the significance of negotiating fair compensation. We can assist you in determining whether to accept the offer, reject it, or file a counterclaim.
Using experienced advice to evaluate the benefits and drawbacks of a settlement offer, you will never question if you are making the proper decision.
Understanding the Local Court’s Quirks
In every judicial proceeding, the details may make a difference. Some courts require you to check in with the court clerk before the hearing. Some judges require court motions to be submitted in specified formats or be argued in precise language. Each court has its micro procedures, and understanding them might offer you an advantage.
Through years of local experience, we’ve learned the specifics that facilitate the case progression through the system and its eventual success.
Thinking in Real-Time
Court proceedings occur in real-time. Even if you are well-prepared, the judge may ask an unexpected question or make an unanticipated verdict. A witness may provide an unpredicted response, drastically altering the case course.
When you hire our skilled catastrophic injury attorney, you have access to someone with the skills and experience to make decisions on the fly. Our years of experience in the courtroom have provided a plethora of procedural expertise and insight. We’ve been in a similar situation before, which gives us the confidence to manage any possible twists and turns.
Permitting You to Concentrate on Your Recovery
In the end, sustaining a severe injury is traumatic enough. You must prioritize your rehabilitation. Our attorney for catastrophic injuries in Philadelphia is familiar with the physical, financial, and emotional burden accompanying a life-altering catastrophe. We can assume control of the legal action.
While we are busy developing your claim by filing papers, compiling evidence, and engaging in difficult discussions, you may focus on healing and rebuilding your life. We conduct the work and manage the case to relieve you of your load.
What Constitutes a Catastrophic Injury?
A catastrophic injury is defined under federal law as one whose direct and indirect results “permanently forbid an individual from performing any meaningful employment.”
In other words, an injury can be considered “catastrophic” if it results in permanent or severe short-term or long-term damage and impairs the victim’s capacity to make a livelihood.
It is also considered catastrophic if a person’s injury results in deformity or severely impaired functioning ability. Usually, sustaining a catastrophic injury indicates any of the following:
- Losing a significant bodily component
- Having lost the capacity to walk
- Having diminished mobility or mental faculties
- Losing the opportunity to lead a life of high quality
- Interfering with communicative capacities
Examples of Catastrophic Injuries
Certain types of injuries are generally always considered “catastrophic,” in that they require extensive medical treatment and ongoing — and sometimes lifelong — care. Whether they occur in motorcycle or truck collisions, in construction accidents or explosions, or as a result of medical malpractice or negligence, these injuries typically impact every aspect of victims’ lives.
Examples of common catastrophic injuries include:
Note that this list is not exhaustive; certain soft tissue injuries and internal organ damage can also be catastrophic, as can loss of vision or hearing. In fact, any major injury that affects your ability to live your normal, day-to-day life can be considered catastrophic.
Amputations occur in one of two ways: by accident as a result of a traumatic event or surgically out of necessity when a limb cannot be saved. Amputations often recur as a result of:
- Motor vehicle accidents, including motorcycle and truck accidents
- Construction accidents
- Unsafe conditions on someone’s property
- Defective or dangerous products
Medical malpractice can also play a role in amputation injuries. In some relatively rare instances, a surgeon may make a mistake, leading to accidental amputation. In other common cases, a medical professional may fail to treat an injury, illness, or condition properly. This may require surgical amputation if the affected limb cannot be saved.
In any case, the person or entity — whether it’s the operator of a semi-truck or a hospital that was negligent in hiring a surgeon — responsible for the accident or incident that led to your injuries can be held liable.
Most traumatic brain injuries (TBI) occur after the head experiences sudden acceleration or deceleration, like in a car accident, and the brain is slow to catch up. When the brain catches up to this sudden movement, it often bounces against the inside of the skull, resulting in an injury.
The most common causes of TBIs include:
- Motor vehicle accidents involving cars, semi-trucks, and motorcycles
- Slip and falls and falls from heights
- Concussions and other sports injuries
- Violent attacks and assaults
While some traumatic brain injuries are accidental, many happen from the negligence or wrongdoing of individuals or corporations. If you’ve suffered a TBI, contact our skilled catastrophic injury attorney in Philadelphia from The Villari Law Firm as soon as possible so that we can investigate the cause of your injury.
Types of Traumatic Brain Injuries
The type of TBI you experience depends on the nature of your accident and the severity of your injury. There are three classifications of TBIs: mild, moderate, and severe. The TBI type you receive may affect your recovery prognosis. The following are TBI types you may be experiencing:
- Mild Traumatic Brain Injury. A loss of consciousness for a few seconds to a few minutes, headache, nausea, vomiting, difficulty sleeping, and more.
- Moderate to Severe Traumatic Brain Injury. A loss of consciousness for several minutes to hours, persistent headache, repeated nausea and vomiting, seizures, and more.
- Concussion. It is probably the most well-known type of brain injury, concussions occur when a blow to the head causes the brain to move within the skull in response to the force of impact. Though concussions are relatively less grave than other types of brain injuries, they are still formidable enough to warrant a trip to the hospital or doctor’s office.
- Contusions. Similar to (and often co-current with) concussions, brain contusions occur when an impact to the head results in mild bleeding beneath the skin or, in other words, bruising. Brain contusions can become a dangerous concern when bleeding does not stop on its own or when a large area is affected.
- Coup-Contrecoup Injury. When a blow to the head causes the brain to slam against the opposing side of the skull, it is known as a coup-contrecoup brain injury. Technically speaking, there are two injuries: one at the site of impact and one where the brain hits the inside of the skull.
- Diffuse Axonal Injury. This is another threatening brain injury that, much like a concussion, happens from a sudden blow to the head. However, unlike concussions, diffuse axonal injuries involve the tearing of connections in the brain resulting from the violent movement of the brain within the skull. These tears are often microscopic, yet the impact cannot be overstated. Severe diffuse axonal injuries are often fatal.
- Penetrating Brain Injuries. As the name suggests, penetrating brain injuries occur when a foreign object pierces the skull and makes an impact on or penetrates the brain. This type of injury requires immediate emergency medical treatment.
Victims of catastrophic burns face extensive and costly medical treatment. They may require hospitalization, surgery, skin grafting, pain medications, and more. In many cases, burns leave lasting scars and may even be partially or fully disfiguring. The emotional distress and trauma can be severe.
Medical treatments add up fast, combined with the fact that burn victims may be unable to work for some time. If your burn injury happened from someone’s negligence or a defective product, you do not have to bear that burden alone.
Our skilled Philadelphia catastrophic injury attorney can fight to recover the compensation you deserve for the following types of damages and more:
- Missed time at work or lost wages
- Medical expenses such as surgery, skin grafts, physical therapy, etc.
- Loss of future earning potential for those unable to return to work
- Loss of quality and enjoyment of life
- Loss of companionship with family or spouse
- Other non-economic damages like pain and suffering
Types of Burn Injuries
Medically speaking, burns are categorized according to severity. While some burns are considered “more serious” than others, all burn injuries can affect numerous aspects of someone’s life. The different types of burns are as follows:
- First-Degree Burns. These are the mildest types of burns, though they can still be very painful. First-degree burns typically result in redness and pain at the burn site. Only the top layer of skin (the epidermis) is affected.
- Second-Degree Burns. These burns affect the upper and lower layers of skin (the epidermis and dermis, respectively). Victims of second-degree burns experience pain, reddening of the skin, blistering, and swelling.
- Third-Degree Burns. These burns affect the epidermis and dermis, including the lower layers of tissue and bone. Third-degree burns are the most severe (and often fatal) type of burn injury, resulting in charred, blackened, or whitened skin, extreme pain, and numbness.
Spinal Cord Injuries
Spinal cord injuries are some of the most common catastrophic injuries. These injuries range in severity depending on how they occur, where they occur along the spine, and other factors. Some of the common causes of spinal cord injuries include:
- Car, truck, and motorcycle collisions
- Bicycle and pedestrian accidents
- Violence (assault, gunshot wounds, etc.)
- Construction accidents
- Slips, trips, and falls
- Animal attacks, including dog bites
- Defective or dangerous products
- Medical malpractice (such as surgical mistakes)
- Sport-related and recreational accidents
- Falling objects or materials
Whether you suffered a herniated disc after being involved in a car crash, were paralyzed resulting from an accident, or have a loved one affected by a complete spinal cord injury, our knowledgeable catastrophic injury attorney in Philadelphia is prepared to help you seek fair compensation.
The medical community considers some types of paralysis to be “less severe” than others. However, anyone affected by paralysis knows that there is no such thing as “mild” paralysis. Being paralyzed in any respect is devastating physically, emotionally, and financially.
Whether you have monoplegia, in which a single arm or leg is paralyzed, paraplegia, rendering you unable to walk, or quadriplegia, affecting both your arms and your legs, you face an entirely altered future. At The Villari Firm, we consider this when negotiating with the liable insurance company.
Our skilled catastrophic injury attorney seeks maximum compensation for all of your damages, including:
- All medical expenses related to your injuries
- Lost income or wages from time taken off work to receive medical treatment
- Lost future earnings if you are not able to return to work (temporarily or permanently)
- Lost or reduced earning ability if you can return to work but not at absolute capacity
- Pain and suffering, including both physical and emotional pain and trauma
- Lost or reduced quality of life
- Punitive damages in instances when the liable party was egregiously negligent
At The Villari Firm, we are not content to accept the first lowball settlement offer from the liable insurance provider’s adjusters. Instead, we thoroughly prepare each case for trial so that if a fair settlement cannot be reached, we can aggressively advocate for our clients in the courtroom.
What Should You Do After You Sustained a Catastrophic Injury?
Contact emergency services immediately following a catastrophic accident. Receiving medical care for your injuries might make a significant difference in the injury’s prognosis and your recovery. These two tasks might help you document the accident and your injuries, which could be valuable if you want to submit a claim for catastrophic injuries.
A vital issue with catastrophic injuries is that the injured party will accept an insurance claim without contemplating the full magnitude of the catastrophe and its aftermath, which frequently results in only partial coverage of their expenditures. In many incidents, the wounded party is unaware of the severity of their injuries soon after the incident. This may be due to elevated adrenaline levels, although critical brain or spinal cord damage is frequently not apparent immediately.
Before settling a claim, you should evaluate the costs associated with rehabilitation, such as massage or chiropractic therapy and the costs associated with home modifications and medical devices. Our diligent catastrophic injury attorney might assist you in pursuing a successful claim to adequately compensate you or a loved one for the injury.
Are You Eligible to Recieve a Compensation for a Catastrophic Injury?
For every accident or occurrence resulting in catastrophic injury, the affected party has the legal right to file a claim for personal injury compensation. This requires the assistance of an attorney, particularly if the severe damage was caused by medical misconduct.
A catastrophically injured individual is eligible for monetary compensation for many reasons:
- The severity of the damage determines the amount of compensation. A catastrophic injury generally necessitates expensive and painful surgical procedures, rehabilitation, and the long-term or permanent usage of medical equipment, therapies, or drugs.
- If the catastrophic injury interfered with your capacity to work, you might be eligible for compensation for past and future lost incomes.
- Because the majority of catastrophic injuries are coupled with emotional damage, mental anguish, misery, and pain and suffering, the extent of compensation can be increased.
Who Could be held Responsible for a Catastrophic Injury?
Accidents frequently happen from the negligence of a person or entity. Sometimes, the fault is readily apparent. Although the victim may have acted irresponsibly, there are several additional possibilities:
- Employer. If an employer fails to maintain safe working conditions and an employee experiences a catastrophic accident, the employer may be liable for damages under the state’s workers’ compensation statutes or on tort theories in court. Because state laws vary, you should consult with our skilled catastrophic injury attorney in Philadelphia.
- Motorist. If the sustained injuries came from a motor vehicle collision, the other driver or motorist is negligent and can be held liable.
- Location of a Company or Home. If the injury happened from a hazardous location in a company, the business might be at fault. The property owner or tenant might be accountable if it happened at a residence.
- Manufacturer of the Item. Perhaps the product’s design was flawed, or the safety warnings and protections were inadequate.
- Educational Establishment. The school or school administration might be liable if a child had a catastrophic injury while participating in a school activity.
- Transportation Provider. In trucking accidents, freight claims, airline or cargo problems, the transportation firm might be at fault; in bus accidents, the bus company or bus driver might be at fault.
- Physicians and Hospitals. Doctors and hospitals can be accountable if the harm happened during an operation, a hospital stay, or as a consequence of a misdiagnosis or lack of sufficient medical treatment.
These are a few instances of possible liable parties. Other parties may also be negligent, depending on the nature of the injury, where it occurred, who was involved, and the surrounding circumstances.
How Much Time Do You Have to File a Claim for a Catastrophic Injury?
Victims suffering catastrophic injuries in or near Philadelphia have limited time to initiate a case. Pennsylvania’s statute of limitations for personal injury claims is two years from the date of injury. If an injured victim fails to bring the case against the claimed negligent party within this period, they will forfeit their right to compensation.
This statute of limitations has nothing to do with insurance carrier deadlines in these circumstances. For instance, the majority of motor insurers require injury claims to be filed within a short period following an accident.
Failure to do so will result in the insurance company placing obstacles in the way of a payout. It is vital to engage with our skilled catastrophic injury attorney in Philadelphia, who can do an initial examination of your case and assist you in determining the best course of action for your specific scenario.
How Can Our Skilled Catastrophic Injury Attorney in Philadelphia Help?
Although one’s insurance may give some compensation for a catastrophic injury, the amount is generally insufficient to pay long-term expenditures, necessitating the search for additional compensation sources. Additional factors may restrict the amount a victim can receive from insurance. If, for instance, another motorist was at fault but had inadequate coverage, the victim may be required to accept the limitations of that driver’s insurance and his own, which may be utterly inconsiderable.
The nature of the injury might also impair rehabilitation attempts. For instance, victims who suffer severe burns in a car accident may be limited to collecting only the coverage limitations of their motor insurance. Occupational injury victims may encounter similar aggravating hurdles. Most workers’ compensation claims restrict the victim’s ability to recover, and the victim may be barred from filing a lawsuit against the employer due to rules that protect companies.
Our skilled catastrophic injury attorney in Philadelphia is versed with these sorts of instances and can assist you in navigating these challenges. We are also often aware of the need to seek additional remuneration. We will undertake a comprehensive investigation to identify other possibly accountable parties, such as a construction business undertaking road work in a vehicle accident or a transportation company in a trucking accident.
Possible causes of manufacturer responsibility include vehicle problems, supplementary insurance, and product flaws. In a workplace accident, contractors responsible for workplace safety may also be found accountable, and a bar or restaurant may share blame in a drunk driving accident.
Seeking the Fair Compensation You Deserve
A catastrophic injury lawyer can help get the compensation to help you’ll need to make up for lost wages, medical bills, and other expenses you incur as a result of your injury.
At The Villari Firm, PLLC, our Philadelphia catastrophic personal injury lawyers understand the unique concerns of the catastrophically injured and their families. You don’t just need compensation for immediate medical expenses and short-term losses; you need a legal team that understands the true, lifetime cost of your injuries and other damages.
You should not have to pay for these sudden expenses out of your own pocket when another person was responsible for your accident. Given the dramatic effects of a catastrophic injury, you may be entitled to recover fair compensation from the responsible party to pay for the following damages:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
Our Philadelphia catastrophic injury lawyer has helped countless clients seek compensation for extensive, ongoing medical treatment, including physical and cognitive rehabilitation therapy, pain management programs, medication, and more. Our law firm has helped clients recover for damages such as pain and suffering, emotional distress, lost wages/income, reduced earning ability, and loss of quality of life.
In fact, our catastrophic personal injury attorneys have successfully secured more than $125 million for our clients. We know how to take on insurance companies and other parties, and we are not afraid to go to trial to fight for you.
Put an aggressive and compassionate catastrophic personal injury lawyer on your side; call The Villari Firm, PLLC at (215) 600-1363 for a complimentary case review today.