Catastrophic Impairment

News & Analysis as of

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

A Child Suffering — A Family’s Pain

As adult-children, sisters, brothers, and friends, chances are you may be asked to be surrogate for a loved one at some point in your life. If not, someone probably will ask you to weigh in on what to do when medicine can...more

So Much for A Contingency Plan: Can the Florida Legislature Abrogate an Attorney’s Contingency Fee in Tort Claims Against the...

Like many states, Florida has only partially waived its sovereign immunity by statute. Thus, a plaintiff’s recovery against the state is generally limited to no more than $200,000 per incident. This statutory cap, however,...more

Catastrophic Injuries and Your Potential for Financial Recovery

A catastrophic injury is a severe injury to the spine, spinal cord, brain, or skull. It can also include the loss of a limb, severe burns, or a severely damaged organ. These injuries can happen as a result of a number of...more

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded. These costs often make up around 20% of the total award. ...more

‘The dictates of justice’ – the key to seperate

The Supreme Court of New South Wales in Walsh v Walget Shire Council [2013] NSWSC 1434 recently rejected an application of a defendant to have a separate liability and quantum hearing in a catastrophic injury case. The...more

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