Catastrophic Injury Attorneys in San Jose
Handling Serious Injury Claims Throughout the Bay Area
A catastrophic injury can completely derail your life. If your accident was caused by someone else's negligence, then you shouldn't have to bear the weight of your injury on your own. The team at Needham Kepner & Fish LLP has over 100 years of collective legal experience and an impressive record of results. Our San Jose catastrophic injury lawyers are ready to fight for the compensation you deserve after suffering a life-altering injury in the Bay Area.
Schedule a free consultation with our catastrophic injury attorney in San Jose by calling (408) 716-1668.
What is Considered a Catastrophic Injury?
An injury is considered “catastrophic” when it results in severe and long-lasting damage to major body parts. A catastrophic injury is marked by loss of bodily function or permanent disability, forever altering the life of victim.
Some of the most common types of catastrophic injuries are:
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Loss of limb
What is a Traumatic Brain Injury?
Traumatic brain injury (TBI) occurs when the head experiences a sudden impact that results in bruising, torn tissue, or other damage to the brain. A TBI can also occur when an object penetrates the skull, such as a bullet or piece of shattered skull.
Causes of Traumatic Brain Injury
Causes of TBIs include bicycle, scooter, motorcycle, car, trucking, and slip and fall accidents.
TBIs also occur in construction accidents or as a result of elder abuse. TBIs vary in severity, from a mild concussion to a permanent coma. TBIs result in lost wages and long-term treatment and rehabilitation costs.
Symptoms of Traumatic Brain Injury
Many TBI symptoms are difficult to detect, especially in children, so it is important to seek medical attention right away. Common symptoms include:
- Persistent headache or neck pain
- Feeling tired, lost or confused
- Acting, speaking, reading or thinking slowly
- Mood changes
- Dizziness
- Blurred vision
Spinal Cord Injuries Are Expensive to Treat
Spinal cord injuries (SCIs), like TBIs, often result in high long-term treatment and rehabilitation costs. The severity of an SCI depends largely on what part of the spinal cord was injured. Moderate SCIs cause the loss of feeling in a hand or foot, while serious SCIs can cause paraplegia or quadriplegia.
Serious spinal cord injuries often lead to a lifetime of medical care. If you or a loved one has suffered a spinal cord injury because of someone else’s negligence, our San Jose catastrophic injury attorneys can help you collect compensation to cover these long-term treatment costs.
What Damages Could Be Recovered in a Catastrophic Injury Claim?
Some of the damages that may be recovered include:
- Medical Expenses: Catastrophic injuries typically require extensive and ongoing medical care. Victims may need surgeries, hospital stays, rehabilitation, physical therapy, medications, and assistive gadgets like wheelchairs or prosthetics. Compensation for medical expenses may include current and future medical treatment costs. Given the lifelong nature of some injuries, ensuring future medical expenses are accounted for is critical in obtaining a fair settlement.
- Lost Wages and Loss of Earning Capacity: Many individuals with catastrophic injuries are unable to return to work, either temporarily or permanently. Compensation for lost wages can cover the income lost during recovery. Additionally, victims could be entitled to damages for loss of earning capacity if their injuries stop them from returning to their previous occupation or force them to take on lower-paying work. This compensation aims to cover the financial effect of an inability to earn a living in the same capacity as before the injury.
- Pain and Suffering: The physical pain and emotional trauma associated with a catastrophic injury can be overwhelming. Pain and suffering damages are designed to compensate for the physical pain, emotional despair, and loss of enjoyment of life because of the injury. These non-economic damages take into account the long-term emotional and psychological effects, like depression, anxiety, and post-traumatic stress disorder (PTSD).
- Loss of Consortium: Catastrophic injuries can have a profound effect on relationships, particularly between spouses. If an injury negatively impacts a marriage, the uninjured partner could be qualified to damages for loss of consortium.
- Home Modifications and Long-Term Care: In many instances, individuals with catastrophic injuries require modifications to their homes to accommodate their new physical limitations. This can include installing ramps, widening doorways, or adding specialized equipment. Additionally, victims may need long-term care or personal assistance, whether at home or in a specialized facility. The cost of these modifications and ongoing care can be significant and should be included in any settlement.
- Punitive Damages: In some instances, punitive damages could be granted if the at-fault party's behavior was particularly reckless or malicious. These damages are not designed to compensate the victim but rather to penalize the wrongdoer and deter similar conduct in the future. While punitive damages are less common, they can greatly increase the total amount of compensation in cases of extreme negligence or intentional harm.
Contact Our Catastrophic Injury Attorney in San Jose Today
If you've suffered a catastrophic injury because of someone else's negligence, you deserve to have every penny of your expenses compensated. The team at Needham Kepner & Fish LLP is ready to help you file a catastrophic injury lawsuit against the at-fault party and fight for your rights.
Contact our office today to schedule a free consultation with our San Jose catastrophic injury lawyer.