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CATASTROPHIC
INJURY
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The Killino Firm Obtains Justice

Should you or your loved one end up in the unfortunate circumstance of suffering a catastrophic injury, particularly those to babies and children or those arising out of commercial truck accidents, the Killino Firm team is precisely who you should turn to.  The Killino Firm has the resources, experience, and true grit you need when tragedy strikes.

Investigation

Prevailing in the pursuit of justice and maximizing the financial recovery, starts at the very beginning with the investigation and evidence preservation. The Killino Firm’s investigations are in depth and comprehensive. Time and again the Killino Firm uncovers startling bad acts and negligence many other lawyers and law firms would overlook. When our team digs deep getting to the root of the problem, we become armed with the evidence needed to not only seek, but also, obtain justice for our clients. The investigation process starts at the outset and continues throughout litigation leading up to the time of trial.

Preparation

Another distinguishing trademark of the Killino Firm, one which also leads to achieving justice and the largest possible monetary recovery, is the Killino Firm’s unrivaled preparation. It has often been said, there are three keys to a successful trial and outcome of the client’s case: preparation, preparation and preparation. The Killino Firm team will relentlessly and unwaveringly prepare your case. These efforts span the entire spectrum of your case from additional investigation seeking evidence from the defendants themselves, to the retention of world class experts, to the presentation your case at trial, and to disarming and neutralizing the defenses set up by the opponents. It is through our unmatched preparation that we put our clients in the best position to maximize the outcome.

Determination

The most exhaustive investigation and tireless preparation will not accomplish the objective of achieving the greatest possible verdict or settlement unless your lawyer and law firm has the determination and strength to reach that goal. The Killino Firm’s determination is unwavering. Where many other lawyers would have long ago recommended their client take the quick, short and easy settlement, the Killino Firm is determined to do the most and get the most for their clients, regardless of the time and hard work required. The Killino Firm is a fearless advocate for its clients, especially those injured babies and children it fights so hard to protect. Whatever the case, if the Killino Firm takes you on as a client, you can expect assiduous determination to bring about justice on your behalf.

The Killino Firm provides advocacy and representation in several key practice areas:

Child Injury: Safeguarding Innocence in a Dangerous World

Childhood should be a time of carefree exploration, joyful discovery, and boundless possibilities. However, the reality is that accidents happen, and sometimes those accidents can have devastating, life-altering consequences. While we can’t prevent every mishap, negligence should never be the cause of a child’s suffering. Whether it’s a playground injury due to faulty equipment, a defective toy that causes harm, a swimming pool accident due to inadequate supervision, or medical malpractice that results in lifelong consequences, we believe that responsible parties must be held accountable.

The Centers for Disease Control and Prevention (CDC) paints a stark picture: unintentional injuries are a leading cause of death in children, with over 9,000 deaths annually. These injuries can range from broken bones and concussions to traumatic brain injuries, spinal cord damage, burns, and near-drowning incidents, leading to physical pain, emotional trauma, and financial burdens that can impact a family for years to come.

These injuries can not only cause physical pain and suffering but also rob children of their ability to fully experience the joys of childhood. They may miss out on school, social activities, and the simple pleasures of playing with friends. The emotional toll can be equally devastating, leading to anxiety, depression, and other impacts.

At the Killino law firm, we’re here to help you navigate the complex legal landscape and secure the compensation your child deserves. This includes not only covering immediate medical expenses and ongoing rehabilitation costs, such as physical therapy, occupational therapy, and counseling, but also addressing the pain and suffering your child has endured, the potential loss of future opportunities, and the long-term care they may require. We will fight to ensure that your child has access to the best medical care, adaptive equipment, and educational resources to help them reach their full potential.

NICU Law: When Tiny Lives Hang in the Balance

When a newborn requires specialized care in a Neonatal Intensive Care Unit (NICU), parents place their trust in medical professionals to provide the best possible treatment. These tiny lives are incredibly fragile, and even the smallest error can have devastating consequences. Sadly, errors in the NICU can lead to severe injuries such as brain damage and cerebral palsy.

Many babies end up in the NICU because of a birth injury. According to the Journal of Perinatology, the incidence of birth injuries in the United States is approximately 6 to 8 per 1,000 live births. These injuries can result in lifelong disabilities, requiring ongoing medical care, therapy, and support. The causes of these injuries can vary, from oxygen deprivation during birth to improper use of forceps or vacuum extractors, to delayed diagnosis and treatment of infections.

Our firm has extensive experience in NICU law, and we are committed to holding negligent hospitals and healthcare providers accountable for the harm caused to these vulnerable newborns. We understand the complexities of medical malpractice cases and will work with top medical experts to thoroughly investigate the cause of your child’s injury and build a strong case to secure the compensation they need for a lifetime of care. This may include compensation for medical expenses, therapy, assistive devices, home modifications, and lost earning potential.

Commercial Vehicle Accidents: The Devastating Impact on Young Lives

Accidents involving commercial vehicles, such as trucks and buses, often result in catastrophic injuries due to their sheer size and weight. The Federal Motor Carrier Safety Administration (FMCSA) reports that there were over 5,000 fatal crashes involving large trucks in a recent year. These accidents can cause severe injuries in children, including traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, amputations, and even death.

The causes of these accidents can be complex and multifaceted. They may involve driver fatigue, distracted driving, speeding, improper loading, or defective vehicle parts. Investigating these cases requires specialized knowledge and expertise to determine liability and secure fair compensation.

If you or your child have been injured in a commercial vehicle accident, the Killino Law Firm has the resources and expertise to thoroughly investigate the cause and pursue maximum compensation from all responsible parties. This may include the trucking company, the driver, the vehicle manufacturer, or other entities that contributed to the accident. We will leave no stone unturned in our pursuit of justice on your behalf.

Wrongful Death: When a Family’s World is Shattered

The sudden loss of a loved one, especially as child is an unimaginable tragedy that no parent should ever have to endure. When negligence leads to a child’s wrongful death, families deserve justice and accountability. We understand the profound emotional and financial burdens associated with such a loss, and we are here to provide compassionate legal guidance and support during this incredibly difficult time.

Our attorneys will handle all aspects of the legal process with sensitivity and determination, seeking damages for funeral expenses, loss of companionship, loss of future earnings, and other losses. We will fight to hold the responsible parties accountable for their actions and ensure that your child’s memory is honored. We understand that no amount of money can ever replace a child, but we believe that holding negligent parties accountable can provide some measure of justice and closure for grieving families while deterring and helping prevent the same tragedy from occurring again.

Birth Injury: A Lifelong Struggle

Birth injuries can occur due to medical negligence during labor and delivery, resulting in lifelong disabilities for the child. Common birth injuries include cerebral palsy, brachial plexus injuries (such as Erb’s palsy), and hypoxic-ischemic encephalopathy (HIE). These conditions can cause a range of physical and cognitive impairments, requiring ongoing medical care, therapy, and adaptive equipment.

Cerebral palsy, for example, is a neurological disorder that affects muscle movement and coordination. It can cause a range of disabilities, from mild to severe, and may require lifelong therapy and assistive devices. Brachial plexus injuries can result in weakness or paralysis of the arm and shoulder, impacting a child’s ability to perform everyday tasks. HIE, caused by oxygen deprivation to the brain, can lead to cognitive impairments, developmental delays, and seizures.

At the Killino law firm, we work with leading medical experts to establish the cause of your child’s birth injury and hold negligent doctors, nurses, and hospitals accountable for their actions. We will fight to secure the compensation your child needs to access the best possible medical care, therapies, assistive devices, and educational resources to help them reach their full potential.

Practice Areas

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Testimonials

The Killino Firm Changes Lives

In the aftermath of a wrongful death or catastrophic injury, particularly those involving babies and children, victims and their families are forced into the new “normal”. Their lives are often characterized by multiple facets of struggle; physical, medical and financial. The worry and stress can be unbearable. But, that is where the Killino Firm steps in. 

Life-Changing Financial Security

Time and again for over two decades Jeffrey Killino has changed the lives of his clients and their families with recoveries that will provide for all future medical care and day to day needs. The Killino Firm clients are regularly purchasing new homes and vehicles; securing much needed medical care and assistance; and sleeping better at night know there are millions of dollars to take care of them for the rest of their lives. 

Ongoing Client Support and Protection

Yes, the Killino Firm regularly secures multi-million dollar settlements and/or verdicts, however, we measure our true success in terms of how we change our clients’ lives. The Killino Firm is dedicated to its clients and their plight. After the cases are over, the Killino Firm stays involved and available to it’s clients as the journey continues.

Caring for Clients and the Community

At the Killino Firm we care about our clients and we care about our community, which is why from time to time when we uncover a hazard or danger with the potential to harm others, the Killino Firm takes action to alert the public and appropriate regulatory authorities.

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Common Questions

A catastrophic injury is any injury that has long-term, life-altering consequences for the victim. These injuries often result in permanent disability, impairing physical and cognitive functions, and requiring extensive medical treatment and ongoing care. They not only affect the injured person’s ability to live a normal life but also place significant emotional and financial strain on their families.

Examples of catastrophic injuries include:

  • Spinal cord injuries: These injuries can lead to paralysis, loss of sensation, and difficulty with bowel and bladder control, requiring lifelong medical care and assistance. In the United States, there are approximately 18,000 new spinal cord injuries (SCIs) each year, which is about 54 cases per one million people.
  • Traumatic brain injuries (TBI): TBIs can cause a wide range of cognitive, physical, and emotional impairments, affecting memory, speech, motor skills, and personality. The Centers for Disease Control and Prevention (CDC) estimates that TBIs contribute to approximately 30% of all injury-related deaths in the United States, highlighting their severity and potential for long-term disability.
  • Amputations: The loss of a limb, whether through trauma or medical necessity, is a life-altering event with significant physical and psychological consequences. Amputees often require prosthetics, extensive rehabilitation, and ongoing support to adapt to their new reality and regain a sense of independence.
  • Severe burns: Burns can cause excruciating pain, permanent scarring, and functional limitations. Severe burns often require multiple surgeries, skin grafts, and prolonged rehabilitation. The American Burn Association estimates that over 40,000 people are hospitalized for burn injuries each year in the United States, with many facing lifelong challenges due to scarring, disfigurement, and functional limitations.
  • Birth injuries: Errors during childbirth can result in lifelong disabilities for the child, including cerebral palsy, Erb’s palsy, and brain damage. These injuries can cause significant physical and cognitive impairments, requiring ongoing medical care and therapy. The impact on families is immense, both emotionally and financially, as they navigate the challenges of raising a child with special needs.

The value of a catastrophic injury case depends on many factors, including the severity of the injury, the extent of medical expenses, lost income, pain and suffering, and the impact on the individual’s quality of life. Our experienced attorneys can help you understand the factors that impact the settlement value of your case and will fight tirelessly to secure the maximum compensation you deserve.

Factors that can influence the value of your case include:

  • The nature and extent of your injuries: More severe injuries with long-term or permanent consequences generally result in higher settlements. For example, a spinal cord injury resulting in quadriplegia will typically have a higher value than a broken leg that heals completely.

  • Medical expenses: Past and future medical costs, including hospitalization, surgeries, rehabilitation, and medication, are a significant component of damages. These costs can quickly escalate, especially for injuries requiring ongoing care and specialized treatment.

  • Lost income: If your injuries prevent you from working, you can claim compensation for lost wages, both past and future. This includes not only your current salary but also potential future earnings and lost career opportunities.

  • Pain and suffering: This encompasses the physical pain, emotional distress, and mental anguish you have endured due to your injuries. It’s a subjective measure, but our attorneys can present evidence to demonstrate the extent of your suffering and its impact on your life.

  • Loss of enjoyment of life: This accounts for the diminished quality of life you experience due to your injuries, including the inability to engage in activities you once enjoyed. This can involve hobbies, sports, social activities, and even basic daily tasks.

  • Liability and insurance coverage: The degree of fault of the responsible party and the available insurance coverage can also impact the settlement value. Cases with clear liability and substantial insurance coverage tend to have higher settlement potential.

The timeline for resolving a catastrophic injury case varies depending on the complexity of the case, the willingness of the responsible parties to negotiate, and the court’s schedule if litigation is necessary. Some cases settle within months, while others may take years. We work aggressively to resolve catastrophic injury cases as quickly as possible while ensuring that we secure the best possible outcome for our clients.

Factors that can affect the timeline of your case include:

  • The severity of your injuries and the complexity of your medical treatment: Cases involving more severe injuries and complex medical treatment may take longer to resolve, as it may be necessary to wait until your medical condition stabilizes to fully assess the extent of your damages.
  • The willingness of the insurance company to negotiate fairly: If the insurance company is unwilling to offer a fair settlement, litigation may be necessary, which can prolong the process. Insurance companies often try to minimize payouts, and it may take time to negotiate a settlement that reflects the true value of your claim.
  • The court’s schedule and backlog: If your case goes to trial, the court’s schedule and backlog can impact the timeline. Court proceedings can be time-consuming, and it may take months or even years for your case to reach trial.

Each state has a statute of limitations that sets a deadline for filing a lawsuit. Missing this deadline can bar you from seeking compensation, even if you have a strong case. It’s crucial to consult with our attorneys as soon as possible to ensure your rights are protected. We can determine the applicable statute of limitations and, if we accept your case, take the necessary steps to file your claim within the required timeframe.

Liability for catastrophic injuries can be complex and may involve multiple parties. Our attorneys will conduct a thorough investigation to identify all responsible parties and hold them accountable for their actions.

Potentially liable parties can include:

  • Negligent drivers: Car accidents are a leading cause of catastrophic injuries. We hold negligent drivers accountable, whether they were distracted, impaired, or reckless.

  • Property owners: Property owners have a responsibility to maintain safe premises for visitors and guests. We pursue claims against those who fail to address hazardous conditions, leading to slip and falls, inadequate security, and other preventable injuries.

  • Product manufacturers: Defective products, ranging from faulty medical devices to dangerous drugs and unsafe vehicles, can cause devastating injuries. We hold manufacturers accountable for ensuring the safety of their products.

  • Corporations: Companies and corporations owe a duty to prevent injuries caused by their instrumentalities, employees, or agents. For example, trucking companies must screen, train, and supervise truck drivers to ensure they can safely operate tractor-trailers on roadways and highways.

  • Hospitals: Hospitals are responsible for maintaining safe and adequate systems to prevent patient harm. This includes implementing effective policies, procedures, and training to deliver safe healthcare.

  • Medical professionals: Doctors, nurses, and other healthcare providers must adhere to a reasonable standard of care. We handle medical malpractice cases, including surgical errors, misdiagnosis, birth injuries, and medication errors.

  • Other responsible parties: Liability can also extend to contractors, construction companies, government entities, and any other party whose negligence contributes to a catastrophic injury.

Proving negligence requires establishing four elements: duty of care, breach of duty, causation, and damages. Our attorneys will gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.

To establish negligence, we will:

  • Demonstrate that the responsible party owed you a duty of care: This means they had a legal obligation to act with reasonable care to prevent harm to others.

  • Prove that they breached this duty: This involves showing that they acted negligently or recklessly, failing to meet the required duty or standard of care.

  • Establish causation: We must demonstrate that their breach of duty was the direct cause of your injuries.

  • Document your damages: This includes gathering evidence of your medical expenses, lost income, pain and suffering, and other losses.

You may be able to recover various damages, including:

  • Economic Damages: Medical expenses, lost wages, rehabilitation costs, and future care expenses. These damages are quantifiable and can be supported by documentation such as medical bills, pay stubs, and expert testimony.

  • Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages are more subjective and require compelling evidence to demonstrate the impact of your injuries on your life and well-being.

Our attorneys will work diligently to ensure you receive full compensation for all your losses, both economic and non-economic.

While many catastrophic injury cases settle out of court, some may proceed to trial if a fair settlement cannot be reached. The Killino Firm attorneys will prepare your case for trial and advocate for your best interests in court.

Here’s what you should know about the possibility of going to trial:

  • Most cases settle: The vast majority of catastrophic injury cases are resolved through settlements before going to trial. This is often the preferred outcome for both parties, as it avoids the time, expense, and uncertainty of a trial.

  • Factors that can lead to trial: Several factors can increase the likelihood of a case going to trial, including:

    • Disputes over liability: If the parties disagree on who is responsible for the injuries, the case may be more likely to go to trial.
    • Disputes over damages: If the parties cannot agree on the value of the claim, the case may proceed to trial.
    • Insurance company refusal to negotiate fairly: If the insurance company is unwilling to offer a reasonable settlement, litigation may be necessary.
    • Desire for a jury verdict: In some cases, you may prefer to have a jury decide your case, especially if you believe that a jury will be more sympathetic to your situation.
  • Trial preparation: If your case goes to trial, our attorneys will meticulously prepare by:

    • Conducting discovery: Gathering evidence, taking depositions, and exchanging information with the other side.
    • Developing legal strategies: Carefully analyzing the facts and crafting legal arguments to support your claim.
    • Preparing witnesses: Working with you and other witnesses to ensure effective testimony in court.
    • Presenting your case to the jury: Highlighting the evidence and legal arguments in a clear and persuasive manner to support your claim.

We understand that facing a catastrophic injury can create significant financial strain. That’s why we work on a contingency fee basis, meaning we only get paid if you recover compensation. Our fee is a percentage of the settlement or jury award. You will not incur any upfront costs or fees.

Here’s how a contingency fee arrangement works:

  • No upfront costs: You don’t pay anything to hire us or to pursue your case.
  • We cover expenses: We advance all costs associated with your case, including court filing fees, expert witness fees, and investigation costs.
  • Payment only if you win: We only receive a fee if we successfully recover compensation for you through a settlement or jury award.
  • Percentage-based fee: Our fee is a percentage of the amount recovered and can vary based on the type of case and venue.
  • No fee if no recovery: If we are unsuccessful in recovering compensation for you, you owe us nothing.

This arrangement allows you to access high-quality legal representation without having to worry about upfront costs or financial risk.

The aftermath of a catastrophic injury can be a confusing and overwhelming time. Here are some crucial steps to take to protect your rights and well-being:

Steps to Take After a Catastrophic Injury:

  • Seek medical attention immediately: Your health and well-being are paramount. Seek immediate medical care, even if you don’t think your injuries are serious. Some injuries may not be immediately apparent, and prompt treatment can help prevent further complications.
  • Gather evidence: If possible, take photos of the accident scene, preserve any relevant evidence, and obtain contact information from witnesses. This can provide valuable support for your claim.
  • Report the incident: If your injury was caused by a car accident, workplace accident, or other public occurrence, report it to the appropriate authorities, such as the police or your employer.
  • Contact The Killino Firm: Our experienced attorneys will protect your rights and guide you through the legal process. We can help you understand your options, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.
  • Keep a journal: Document your injuries, pain levels, medical treatments, and how your injuries have affected your daily life. This personal record can serve as critical evidence of the impact your injuries have had on your quality of life.
  • Focus on your recovery: Follow your doctor’s recommendations and prioritize your physical and emotional healing. Let us handle the legal aspects of your case so you can concentrate on your recovery.

If you or a loved one has suffered a catastrophic injury, don’t hesitate to contact The Killino Firm today for a free consultation. We are here to help you navigate this difficult time and fight for the justice and compensation you deserve.

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