California Catastrophic Injury Lawyers
Did you or a loved one suffer catastrophic injuries that were caused by someone else?
At Kuvara Law Firm, our catastrophic injury lawyers have helped victims in California since 1971. We’ve recovered millions of dollars on behalf of our clients.
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Don’t Accept That Settlement Check Until You Speak With Our Catastrophic Injury Lawyers
If you or your loved one suffered catastrophic injuries in California, unfamiliar territory lies ahead. Don’t let the insurance company take unfair advantage of your situation. Contact our injury lawyers to find out how much your case is really worth. We’ll answer your questions, address your concerns, and make sure your rights are protected.
How Our Law Firm Can Help You Recover
From investigating the accident to negotiating with the insurance company and/or representing you in court, our San Rafael catastrophic injury lawyer at our law firm can help you get up to three times more compensation for your injuries. When you hire our attorneys, we will increase your chances of success by:
Investigating Your Accident: We meticulously investigate the cause of your accident, gathering evidence, interviewing witnesses, and consulting with medical specialists. This strong foundation allows us to build a compelling case for negligence.
Understanding Your Needs: We take time to understand the full impact of your injuries, not just the medical bills you’ve incurred. We factor in lost wages, future medical needs, pain and suffering, and your loss of earning capacity.
Aggressively Negotiating: Our skilled lawyers are not afraid to go toe-to-toe with insurance companies. We negotiate aggressively on your behalf, aiming for a fair settlement that reflects the true cost of your injuries.
Preparing Your Case for Trial: While most cases settle before trial, we are fully prepared to take your case to court if necessary. Our trial experience ensures we’re ready to fight for your rights in any situation.
Providing Compassionate Support: This is a difficult time, and we understand. We provide compassionate support throughout the legal process, keeping you informed and advocating for your best interests every step of the way.
We understand that no amount of money can truly replace the life you had before your injury. However, fair compensation can help you secure the medical care you need, manage financial burdens, and rebuild your life as much as possible.
Don’t settle for less than you deserve. If you’ve suffered a catastrophic injury, contact our law firm today for a free consultation. Let us help you navigate the legal process and fight for the compensation you need to move forward.
Thank you for your help in dealing with my accident. My long ordeal is over, and the insurance company will be settling the claim soon. After my accident, that included a head injury, I was unable to work. You were kind and professional, as you assured me that you would take my case and protect me. I had pain in addition to lost income, and you represented my interests relentlessly and brilliantly.
You are the best personal injury lawyer in the world!
Meet Our San Rafael Catastrophic Injury Attorneys
At Kuvara Law Firm, representing injured people in personal injury cases is all we do. With over 50 years of combined experience in personal injury law, our attorneys know what it takes to help our clients win. Headquartered in San Rafael, we have law offices located throughout Northern California for your convenience
Call 1-800-446-5879 today to schedule your free, no-obligation consultation.
What Is a Catastrophic Injury?
A catastrophic injury is one that significantly changes a person’s life, often on a permanent basis. A person who suffers this type of injury may never fully recover, even with years of medication, therapies, surgeries, and other forms of medical treatment. A catastrophic injury makes it difficult to get back to the quality of life that a person had before the accident, and may also affect the victim’s loved ones, who may need to take on a new role as caretakers.
Catastrophic injuries can cause long-term or permanent damage to a person’s health. However, not all types of long-term injuries are considered catastrophic. For example, a person may take months or longer to heal from a whiplash injury, but because people usually do recover from whiplash, it is not considered a catastrophic injury.
With a catastrophic injury, lifelong or extensive treatment is usually needed. This type of injury may make it impossible for the individual to work or even to live alone. Some people who suffer catastrophic injuries may require 24-hour care and medical treatment that amounts to millions of dollars over the course of their lifetime.
Catastrophic Injury Statistics
According to the Centers for Disease Control and Prevention (CDC), 39.5 million doctors’ office visits and 29.4 million emergency room trips each year are for accidents or unintentional injuries. In most cases, those visits are for relatively minor injuries, such as broken bones — but too often, people suffer severe, life-changing injuries in motor vehicle accidents, slip and fall accidents, and other types of unexpected events.
- Approximately 1.5 million people sustain traumatic brain injuries each year in the United States, and about 50,000 TBI victims die because of those injuries.
- Nearly 300,000 people are currently living with spinal cord injuries in the U.S., and an additional 17,000 people acquire spine injuries each year.
- The Centers for Disease Control and Prevention also reports that unintentional injury is the third leading cause of death in the United States.
Examples of Catastrophic Injuries
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries (TBI)
- Amputations or loss of the use of a limb
- Severe burns
- Eye injuries that cause blindness
- Ear injuries that lead to deafness
- Organ damage
These injuries and others can affect a person’s ability to accomplish the tasks of daily living, like caring for themselves. They may also significantly affect a person’s mental health. In some cases, catastrophic injuries are fatal.
In addition to the losses that a victim suffers, family and friends are also affected by catastrophic injuries. A spouse may find the partner to be permanently changed after a brain injury, for example, and may have to take on the care of the husband or wife. If a child suffers a catastrophic injury, one or both parents may have to stop working to care for the child.
How Do Catastrophic Injuries Happen?
Catastrophic injuries can happen in a number of ways. A person might strike his or her head in a slip-and-fall accident that was caused by a dangerous condition on someone else’s property. A victim may also be severely injured by a dangerous or defective product. In many cases, catastrophic injuries are caused by car accidents, pedestrian collisions, truck crashes, bike accidents, or motorcycle wrecks.
Most catastrophic injuries are caused by falls, poisonings, and motor vehicle accidents, and they are preventable. If we know what’s causing the injuries, and what needs to be done to stop them, why are the numbers only increasing year after year? Severe injury accidents continue to rise because many people have become complacent. They take careless risks. They become distracted. They simply don’t uphold the duty of care they owe to others to prevent causing harm.
Whatever the underlying cause of your injury, if someone else caused the accident, you may be able to file a legal claim against them. In addition to holding the negligent party accountable for the harm they caused, a lawsuit can help you recover compensation for your economic and non-economic losses.
What to Do if You or Your Loved One Sustained a Catastrophic Injury
If an accident caused you or your loved one to sustain a catastrophic injury, chances are good that you’ve already received emergency medical treatment, and you’re probably facing additional surgeries, or ongoing medical care in the future. To make sure your medical bills are paid for, that you recover the money you’re losing because you can’t work, and that you receive fair compensation for the pain and suffering you’re now forced to endure, you’re going to need a lawyer.
What Kind of Lawyer Should You Hire for a Catastrophic Injury Case?
All attorneys are not equally qualified to handle your injury case. To win your case, you should look for a personal injury attorney in San Rafael who has significant experience, and a track record of success, in handling cases similar to yours.
At Kuvara Law Firm, our personal injury lawyers have more than 50 years of combined experience helping injured people in California recover compensation in all types of accident cases, from those involving slip and falls and animal attacks to those arising from medical malpractice events and commercial truck accidents.
How to File a Lawsuit for Catastrophic Injuries in California
In California, a person who is injured as a result of another person or entity’s negligence can file a legal claim against the at-fault party to receive compensation for their losses. In some cases, there may be more than one person or entity responsible for a catastrophic injury. Each responsible party may be sued for their share of the damages.
Before filing a personal injury lawsuit against the negligent party or parties, however, you and your lawyer will need to determine whether your case is valid.
To recover financial compensation in a personal injury case, an injured party must prove that the at-fault party was negligent. This is done by demonstrating:
- That the defendant (the at-fault party) owed the plaintiff (the victim) a duty of care.
- That the defendant breached (violated) that duty.
- That the defendant’s breach was a substantial factor in causing harm to the plaintiff.
- That the plaintiff suffered some type of loss (medical bills, lost wages, pain and suffering).
A person is considered to be negligent when the party fails to act the way that a reasonable person would in the same situation.
How to Determine Liability in a Catastrophic Injury Case
In many cases, liability is obvious when an accident occurs. In some catastrophic injury cases, the cause of the accident may not be so clear, especially when multiple parties are involved.
An experienced personal injury lawyer who has handled complicated cases in the past will know what types of evidence to look for, and how to identify the parties who may be responsible for ensuring the safety of others in various situations. The lawyer may also work with specialists, like accident reconstructionists and medical experts, to determine liability for catastrophic injuries.
The parties who might be held liable in an injury case include:
- Negligent drivers
- Property owners
- Business owners
- Medical professionals
- Pet owners
- Government entities
- Product manufacturers
Comparative Negligence in California Catastrophic Injury Cases
When determining liability for damages, all parties who played a role in causing the accident or injuries will be considered – including the injured victim. Just because you contributed to causing your own injuries, however, does not mean you can’t recover compensation.
Under the pure comparative fault law in California, injured victims can still recover compensation for their losses, even if they are determined to have been more than 50% responsible for their accident. When awarding compensation, the judge or jury will assign a percentage of fault to each of the parties who played a role in the accident. The total award amount will then be divided between the parties. The percentage assigned to the injured victim will then be subtracted from the payout.
How Long Do You Have to File a Lawsuit for Catastrophic Injuries in California?
With some exceptions, California personal injury claims must be filed within 2 years of the date of the accident. This is known as the statute of limitations. If you wait too long to take legal action against the at-fault party, you will lose your right to recover compensation through a lawsuit.
Third-Party Injury Claims for Catastrophic Injuries That Happen in the Workplace
Employees who suffer catastrophic injuries while working in California are entitled to workers’ compensation benefits paid out by their employer’s insurer. In most cases, injured workers are prohibited from suing their employer directly, regardless of fault. However, if another party contributed to the workplace accident, the injured victim can file a third-party injury claim to recover additional compensation.
For example, if you suffered catastrophic injuries in a car accident while performing the duties of your job, you can claim workers’ compensation benefits. If another driver caused the accident, you can also file a personal injury claim against that person’s insurance to recover compensation for pain and suffering, and other damages not available through workers’ comp.
What Damages Are Available in Catastrophic Injury Cases?
In any personal injury claim, the injured party may be entitled to financial compensation for their losses, such as pain and suffering, medical bills, and lost wages. In catastrophic injury cases, the claim for damages is typically higher and far more complex.
If you have suffered a catastrophic injury, you may be able to recover for:
- Past and future medical expenses;
- Physical, occupational, and/or psychological therapies;
- Short or long-term care;
- Lost wages;
- Reduced or lost earning capacity;
- Disfigurement;
- Loss of enjoyment of life; and
- Pain and suffering.
In addition, your loved ones may also be entitled to compensation for their losses as a result of your injury. For example, your spouse or partner may be able to recover for loss of consortium, which is the loss of companionship, moral support, and/or intimacy due to your injury. A skilled San Rafael catastrophic injury lawyer can help you determine the value of your case, including the potential for your loved ones to recover damages.
Why It’s Important to Hire an Attorney for a Catastrophic Injury Case
Insurance companies can be difficult to negotiate with in any injury case, but when there are catastrophic injuries resulting in high value claims, they tend to fight a lot harder to minimize payouts. They often offer settlements that amount to far less than victims’ long term losses, and they employ teams of attorneys and other professionals to convince victims to accept substantially less than their cases are worth. Without an experienced attorney on your side, to negotiate with the insurance company and make sure your rights are protected, your chances of receiving a fair settlement are slim.
For over 50 years, Kuvara Law Firm has represented injured Californians in a range of personal injury cases. We have a track record of success, and our catastrophic injury lawyers are committed to helping you achieve justice. To learn more about your legal options, or to schedule a free initial consultation, reach out online, or call us at 1-800-446-5879.