Catastrophic Injury Claims

Catastrophic Injury Claims

Catastrophic injuries are the most serious types of injuries a person can receive. They have disastrous consequences to those who are injured and to their families and loved ones. A catastrophic injury usually entails serious permanent disability and long term significant medical treatment and personal care. A claim for catastrophic injury can be very complicated. The injuries have a permanent impact on the person’s life and wellbeing. It is essential that the damages claimed are sufficient to cover the injured person for the rest of their life.

How Kakulas Legal Injury Lawyers Can Help

Kakulas Legal have extensive experience in conducting claims for clients who have a catastrophic injury as a result of an accident. For over 60 years we have fought to achieve maximum compensation for our clients. We are experts in injury compensation in Western Australia – that’s all we do. Catastrophic injury claims are generally complex and require a high level of expertise and experience by the lawyer. Our specialist senior injury lawyers have the expert knowledge to gather sufficient evidence for all aspects of a catastrophic injury claim including future medical costs, lost wages or income and all other associated expenses over the lifetime of the catastrophically or seriously injured person.

Kakulas Legal will work with you to help you understand the things you can claim for, listen to your needs and communicate regularly with you regarding the progress of your claim. We understand the trauma you and your family are going through and want to take the stress out of the claim process for you, handling all the details and legal requirements, so you can focus on your recovery. We are committed to supporting our clients and fight hard for every dollar of compensation they are entitled to. At Kakulas Legal we also vigorously pursue interim payments to ease the financial burden.

Peter Kakulas alone has over 30 years experience in conducting claims for clients who have suffered severe head injuries, spinal injuries such as paraplegia, quadriplegia or tetraplegia, amputations, loss of sight, severe burns and other serious injuries caused by accident such as fractures to limbs or spinal vertebrae.

Kakulas Legal are absolutely committed to helping meet the needs of our clients and their families. We provide advice, immediate home or hospital visits, as well as facilitating specialist assessments of living accommodation and adaptations, and if it is to the benefit of our client, rehabilitation advisors and case managers, for the best chance of returning to a meaningful life. One of our staff is a Psychologist with a rehabilitation background, and she together with our senior lawyers are happy to assist with the coordination of those arrangements.

Who pays for medical reports and other disbursements?

Kakulas Legal: Gathering extensive evidence and medical reports required to support a catastrophic claim is expensive. They are usually tens of thousands of dollars. Kakulas Legal’s clients benefit as Kakulas Legal pays for all the report fees and other disbursements for its clients. We have gone outside both the state and country when required to obtain the appropriate expert reports to benefit our clients.

When are fees paid?

At conclusion of claim and no upfront fees: We offer a Free No Obligation Claim Assessment and no up-front fees. Our clients have no fees to pay until the conclusion of their claim, with Kakulas Legal negotiating with the Insurance Commission to contribute to these fees. All our clients benefit from this deferred fee arrangement.

In addition to your catastrophic claim we can review all of your insurance and superannuation policies to see if you have an additional claim for Total and Permanent Disability. We also offer deferral of our fees until the conclusion of your claim. See Income Protection & Total Permanent Disability Claims.

Do you offer “No win no fee”?

Yes, of course: “No win no fee” is simply a marketing term to attract clients. Who would take on a claim if it had no prospect of success and be paid no fee? Most claims will succeed if fault can be shown. We will give you our views as to whether you will win at our initial obligation free meeting.

What Can I Claim For?

Catastrophic Injuries cause devastating damage and suffering to the injured person physically, mentally and financially. Catastrophic injuries will have a major life altering impact on the injured person as well as their family and friends. Continuous care and treatment is essential. Sometimes the Insurer will decline treatment or take a long time to approve it and you may need assistance to provide the evidence necessary to change that. Kakulas Legal is happy to assist you with this.

Our specialist catastrophic Injury Lawyers have the expert knowledge to deal with the complexity of a serious claim, gather sufficient evidence and present a claim for past and future expenses in the best possible terms so as to achieve the highest damages. Expenses will be required for the rest of the injured party’s life and detailed calculations are required to be made. At Kakulas Legal we are passionate about preparing and negotiating hard so that our clients have financial security and dignity following a catastrophic injury. Payments for serious injuries include:

• Past and future pain and suffering/loss of enjoyment of life/reduced life expectancy
• Past and future medical treatment including doctors, physiotherapy, surgery, scans, pharmaceutical etc
• Past and future loss of earnings and superannuation
• Past and future aids, appliances eg wheelchair, home and car modifications
• Past and future domestic services eg gardening, ironing, home and vehicle maintenance
• Past and future care services
• Past and future voluntary or gratuitous services by family and friends
• Past and future case management services
• Past and future extra costs on holidays

Types of Catastrophic or Serious Injuries Kakulas Legal are experienced with

Brain and Head Injury

The term Acquired Brain Injury (ABI) is used to describe all types of brain injury that occur after birth. When the brain is injured as a result of trauma, such as in a severe accident, the ABI is known as a Traumatic Brain Injury (TBI).

Changes as a result of an acquired brain injury can include:
• Epilepsy
• Sensory impairment to sight, touch or smell
• Physical impairment – weakness, tremor or spasticity
• Impairment to thought and learning – poor memory or attention span
• Behavioural and personality changes – short temper, tiredness, sleepiness, depression
• Communication impairment – slurred or slow speech/word finding or following conversation

Recovery after a traumatic brain injury varies because of the different places where the brain is injured and extent of the brain injury.

Often it is hard for other people to recognise the changes in learning, thinking and behaviour. People who do not understand the difficulties associated with acquired brain injury may believe the person is lazy or being difficult.

Therefore whilst some acquired brain injuries are obvious, some injured claimants have the harder to diagnose closed head injuries. Peter Kakulas is very alert to head injuries and as a firm we have achieved extremely large settlements and Court awarded damages for brain injuries.

Traumatic brain injury cases are often very complicated and require specialist lawyers equipped to deal with them. Our focus is on providing our clients with maximum compensation and care so they can move forward with the best quality of life.

The firm’s director Peter Kakulas is the in house specialist on head injuries. His experience encompasses claims from the total disabling to the quite subtle head injuries, including minor behavioural changes such as mood swings, character changes and tiredness that may follow head trauma.

Spinal Injuries such as Paraplegia, Quadriplegia or Tetraplegia

Spinal cord injury can lead to forms of nerve damage and permanent paralysis such as paraplegia and quadriplegia.

At Kakulas Legal we understand the absolute devastation on the injured person and their loved ones. We have extensive experience in handling spinal cord injury claims and will work passionately and compassionately with an unwavering commitment to ensuring we obtain the highest possible compensation for our clients. We meet and communicate regularly with you and work with you to ensure we meet your needs and provide you with an understanding of the legal processes.

We are totally committed to helping to ease the financial stress for you and your family by rigorously pursuing interim payments and obtaining funding for all services and equipment you may require including adaptions to the car and home, all of which can help maximise independence.

For more information see our Severe Injury – Quadriplegia testimonial

Amputations

The loss of a limb has a permanent and devastating impact on a person’s life. It is one of the most traumatic and physically and psychologically painful injuries a victim can sustain.

Kakulas legal recognise the catastrophic impact that these injuries have on the victim and their families. We have strong expertise in amputee claims and will explore all avenues to ensure that the physical and psychological impact is compensated as well as the financial loss.

We are totally committed to helping to ease the financial stress for you and your family by rigorously pursuing interim payments and obtaining funding for all services and equipment you may require including adaptions to the car and home, all of which can help maximise independence.

Our care and compassion means an unwavering commitment to supporting our clients through the legal process whilst working hard to ensure they receive maximum compensation and can move forward with their lives.

Severe Burns and Scars

A burn injury can be amongst the most painful and traumatic a person can receive. Suffering burns in any accident often has long term effects by leaving permanent scars all over the body. The physical, mental and financial costs of recovering from a burn injury can be catastrophic. Severe burn injuries may require years of medical and hospital visits, operations, physical therapy and extensive psychological therapy to overcome the physical and mental trauma sustained.

Kakulas legal recognise the life changing impact that these injuries have on the victim and their families. We have expertise in severe burns claims and will explore all avenues to ensure that the physical and psychological impact is compensated as well as the financial loss.

We are totally committed to helping to ease the financial stress for you and your family by rigorously pursuing interim payments and obtaining funding for all services and equipment you may require including adaptions to the car and home, all of which can help maximise independence.

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