Keller Swan Injury Attorneys: Advocating for Catastrophic Injury Victims in Multistate

Catastrophic injuries can change the course of a person’s life, impacting their physical abilities, mental well-being, and financial stability. In such cases, navigating the aftermath alone can be overwhelming. Whether caused by a car accident, a fall, or a defective product, catastrophic injuries often result from negligence. Keller Swan Injury Attorneys is here to help victims in the United States pursue fair compensation for the life-altering impact of their injuries.

Part I: Understanding Catastrophic Injuries and Proving Liability

What Qualifies as a Catastrophic Injury?

A catastrophic injury is an injury that has permanent, long-term effects on a person’s physical or mental capabilities, requiring extensive medical treatment, rehabilitation, and lifestyle adjustments. Some injuries are universally recognized as catastrophic, while others may depend on the impact of the injury on a person’s livelihood.

Examples of Catastrophic Injuries Include:

• Spinal Cord Injuries: Often resulting in partial or complete paralysis.
• Traumatic Brain Injuries (TBI): Impairing cognitive and motor functions.
• Severe Burns: Second or third-degree burns covering large portions of the body or face.
• Amputations: Loss of limbs, hands, or fingers.
• Loss of Sight or Hearing: Leading to significant lifestyle changes and loss of independence.
• Organ Damage: Such as the loss of reproductive organs or severe internal injuries.

Each catastrophic injury is unique in its effects, but the common factor is the substantial, long-term impact on the victim’s ability to live independently or perform daily tasks.

Proving Negligence and Liability in Catastrophic Injury Cases

To receive compensation in a personal injury case, the injured party generally must prove that another person’s or entity’s negligence contributed to the incident. Negligence is the failure to act with the level of care a reasonable person would in similar circumstances.

Evidence of Negligence Could Include:

1. Traffic Citations: In car accident cases, traffic tickets or citations issued to the driver may demonstrate negligent behavior, such as speeding or reckless driving.
2. Surveillance Footage: Video evidence can reveal negligent actions, particularly in public places or roadways.
3. Witness Statements: Accounts from bystanders can provide a timeline and details of the events leading to the injury.
4. Medical Documentation: Medical records help establish the nature and extent of the injuries and are essential in calculating compensation.
5. Workplace Violations: For work-related injuries, safety violations or OSHA citations could be critical in proving employer liability.

In some cases, proving negligence is unnecessary to establish liability. For example, workplace injuries or cases involving defective products may fall under “strict liability” laws, where the injured person can seek compensation without needing to prove negligence.

High-Profile Catastrophic Injury Cases in the U.S. Over the Past Decade

1. NFL Concussion Settlement (2013): After years of litigation, the NFL reached a $765 million settlement with former players who sustained traumatic brain injuries due to repeated concussions. The case highlighted the need for accountability in sports-related injuries.
2. Takata Airbag Recall (2017): Defective Takata airbags led to multiple injuries and fatalities, resulting in a global recall. The settlement amounted to $1 billion, providing compensation to victims and raising awareness about product liability.
3. Notable Cases in 2023 and 2024

• New York Crane Collapse (March 2023): A crane accident led to multiple fatalities and severe injuries. The case brought attention to construction safety and employer accountability.
• Las Vegas Casino Shooting Victim Settlement (August 2023): A mass shooting incident left survivors with life-changing injuries, leading to a significant settlement for victims.
• California Wildfire Burns Case (February 2024): Victims of a California wildfire sustained severe burns and respiratory damage, resulting in one of the largest wildfire-related settlements in history.

These cases underscore the need for strong legal representation in cases of catastrophic injury and the importance of holding negligent parties accountable.

Part II: Pursuing Compensation and Key FAQs

Securing Compensation After a Catastrophic Injury

Victims of catastrophic injuries face significant financial burdens due to medical bills, ongoing care, and loss of income. Keller Swan Injury Attorneys work diligently to secure compensation that reflects the full scope of an injury’s impact, ensuring victims can maintain their quality of life.

Types of Compensation Available in Catastrophic Injury Cases:

• Medical Expenses: Covers immediate and long-term medical costs, including surgeries, physical therapy, medication, and any necessary adaptive equipment.
• Lost Wages: Compensates for time lost from work due to injury and the potential future loss of income if the injury affects the victim’s ability to work.
• Pain and Suffering: Addresses emotional and psychological trauma, often a significant factor in catastrophic injury cases.
• Loss of Enjoyment of Life: Victims who can no longer enjoy activities or hobbies they once loved may be entitled to compensation.
• Home Modifications: In cases of disability, victims may need home modifications, such as wheelchair ramps, which are typically included in the settlement.

Keller Swan Injury Attorneys use a combination of medical records, expert testimonies, and financial documentation to demonstrate the comprehensive impact of a catastrophic injury, ensuring fair and adequate compensation.

Frequently Asked Questions About Catastrophic Injuries

1. What is the first thing I should do after sustaining a catastrophic injury?
   Seek immediate medical attention and follow all recommended treatment plans. Document the incident if possible, and contact a personal injury attorney to understand your rights.
2. How do I know if my injury qualifies as catastrophic?
   Catastrophic injuries are generally life-altering and affect a person’s ability to function independently or work. Consulting with an attorney can help determine if your injury meets this threshold.
3. Who can be held liable for my injury?
   Liability may fall on multiple parties, including employers, manufacturers, property owners, or other drivers. An attorney can investigate to identify all liable parties.
4. How long do I have to file a claim?
   The statute of limitations varies by state and type of injury. Typically, personal injury claims must be filed within two to four years, but cases involving government entities may have shorter deadlines.
5. What should I do if an insurance company contacts me?
   It’s best to refer the insurer to your attorney. Insurance companies may attempt to offer a lower settlement than you deserve, and an attorney can protect your interests during negotiations.
6. Can I file a claim if I was partially at fault for the accident?
   Yes, some states follow comparative negligence laws, allowing you to recover compensation even if you were partially responsible. Your attorney can clarify how this may affect your case.
7. How is compensation calculated in catastrophic injury cases?
   Compensation is based on factors such as medical costs, loss of income, pain and suffering, and future expenses related to your injury.
8. Will my case go to trial?
   Most cases are settled out of court, but your attorney will prepare for trial if a fair settlement cannot be reached. Going to trial may increase compensation in some cases.
9. Can I file a claim if my injury occurred at work?
   Yes, if your injury was work-related, you may be eligible for workers’ compensation. In cases of employer negligence or third-party liability, you may also pursue additional compensation.
10. How much does it cost to hire an attorney?
    Keller Swan Injury Attorneys work on a contingency fee basis, meaning there are no upfront costs. We only get paid if we successfully recover compensation on your behalf.

Why Choose Keller Swan Injury Attorneys?

Keller Swan Injury Attorneys are dedicated to helping catastrophic injury victims secure the compensation they need to recover and rebuild. With decades of experience and a commitment to personalized representation, our team offers:

• Thorough Case Investigation: Collaborating with medical professionals, economists, and accident reconstruction experts to build a strong case.
• Proven Negotiation Skills: We are skilled in negotiating fair settlements and have experience securing large verdicts for catastrophic injury cases.
• Commitment to Justice: Our attorneys fight tirelessly for clients’ rights, ensuring fair compensation for their injuries and future needs.

Contact Keller Swan Injury Attorneys Today

If you or a loved one has suffered a life-changing injury, Keller Swan Injury Attorneys are here to support you through this challenging time. Contact us today for a free consultation and let us help you secure the compensation you deserve for your catastrophic injury.