Catastrophic Injuries
We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.
MINNESOTA Catastrophic Injury Lawyer
Suffering any type of personal injury is hard on accident and medical malpractice victims and their families. Going through medical treatments, dealing with pain, struggling with recovery, missing work, and losing income are all factors that can result in great physical, emotional, and financial hardship.
Sometimes, however, the level of personal injury an accident victim suffers crosses over into the category known as a catastrophic personal injury. In these cases, the pain, suffering and loss become so deep that they have a lifelong impact on the victim and their entire family. While every personal injury interrupts a person’s life, a catastrophic personal injury permanently changes a person’s existence in ways that had once been unimaginable.
If you or a family member have suffered a catastrophic injury because of another’s negligence, you have the right to seek damages from those who were at fault. Even though no amount of money can fix the damage that has been done, you deserve to have your needs or the needs of your family members competently and compassionately taken care of for life.
It is important to consult with a Minneapolis catastrophic injury lawyer as soon as possible after the accident that gave rise to the injury occurred. There are strict time limits—called statutes of limitation—for filing lawsuits. If you miss the deadline, you will be forever barred from recovering damages.
Typically, to be considered a victim of catastrophic injury a person must have been harmed in such a way that the repercussions are permanent and disabling. Victims with catastrophic injuries have lifelong issues and require constant care and attention to ensure that their physical, emotional, and/or financial needs are met. They often suffer through ongoing medical treatments, such as multiple surgeries, that cause them great pain. Even when they have access to the best care, those living with catastrophic injuries can feel isolated and disconnected from family and friends. Once independent people find themselves constantly calling upon others to help them accomplish the simplest activities of daily living. Recovery can be extremely difficult. Disability from catastrophic injuries is usually permanent and often cuts the victims life short by years or even decades.
Some of the most common types of catastrophic injury are:
- Amputations or dismemberment
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Paralysis, including quadriplegia
- Severe burns
- Significant or multiple bone fractures
- Neurological injuries
- Damage to internal organs
Catastrophic personal injuries have additional consequences. For instance, victims can suffer from:
- An inability to communicate
- A reduction in cognitive abilities
- A loss of movement and sensation
- Respiratory and circulation problems
- Gastrointestinal ailments
- Nerve damage
- Emotional disorders
- Significant and permanent scarring
- Blindness
- Hearing loss
In many cases, a person with catastrophic injury will never be able to work in a way that allows them to earn adequate wages and be self-sufficient.
Any incident that results in physical trauma has the potential to cause catastrophic injury. The most common traumatic events are motor vehicle accidents, such as car, truck, and motorcycle crashes.
Catastrophic personal injuries also often result from:
- Medical malpractice, including provider errors and pharmacy errors
- Defective medical devices
- Defective consumer products
- Slip and fall accidents
- Boating accidents
- Swimming pool accidents, including drowning
- Construction accidents
- Car and other motor vehicle accidents
- Pedestrian accidents
- Accidents at work
- Violent crime and aggressive behavior
As you already know, the person suffering with a catastrophic injury is not the only one whose life is forever altered. The pure emotional exhaustion that comes with caring for a disabled loved one is immense. Accepting and adjusting to the new normal of a lifetime of care and coping is overwhelming, especially given the fact that the injury usually occurs suddenly and without warning.
If you have taken on the new role of caregiver, you probably have had to leave your job, perhaps adding to the financial strain for the whole family. You may not be equipped to handle the care on your own, and the expense of bringing in home health care, reconfiguring a home for a disabled person, and acquiring a vehicle that can transport your loved one may also be weighing heavily on your mind and your pocketbook.
You are going to need help and lots of it. Thankfully, the legal system is designed to find justice for people just like you. Our Minneapolis catastrophic injury lawyer can guide you in filing a lawsuit so you can hold those who are at fault responsible.
Once you retain Madia Law as your catastrophic injury attorney, we will set about analyzing your case, including calculating the damages to which you may be entitled. If necessary, we will put together a team of people to help. Catastrophic injuries often take a group of professionals—actuaries, accountants, financial planners, and others—to determine the cost of the care that will be required for an entire lifetime.
You may be entitled to recover for all of your quantifiable economic damages, including:
- All of your medical bills, now and into the future
- Any lost wages and all your losses in future earning capacity
- The cost of any assistive devices, such as wheelchairs, walkers, etc.
- The cost of any prosthetics that may be required
- The cost of counseling and emotional support
- The cost of physical therapy
- The cost of occupational therapy
- The cost of home health aides and caregivers
In addition, you may be entitled to recover for other non-economic losses, such as pain and suffering, loss of marital relations, and loss of the ability to participate in activities that were once enjoyed.
How will I know if I have a case to seek damages for catastrophic personal injury?
Each case is different and comes with its own unique set of facts and issues. The best way to explore whether or not you are entitled to damages is to talk to an experienced personal injury lawyer. You have the right to legal counsel, and Madia is prepared to help you defend your rights. You deserve an advocate who can investigate your case, determine liability, and maximize compensation in a personal injury lawsuit.
Contact Madia and our Minnesota catastrophic injury lawyer, today.
THE MADIA WAY
We have a process that works in getting exceptional results for our clients.
We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely. We interview witnesses that can help us prove the case. We’ll ask you for all relevant documents in your possession and review those carefully as well. We also will spend some time conducting legal research about unique issues in the case. We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial.
Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward. Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.
If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit. Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required. We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points. Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims. A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations. Of course, by that time, the price for settlement has gone up.
Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions. Not us. Written discovery is a gift and an opportunity. We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case. Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections. We view this as a wonderful opportunity. In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on. We also use Requests for Admission – which many lawyers don’t. The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts. We send them RFAs that are very difficult for them to deny. Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true. And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA. That’s a great situation that leads to more chaos and confusion on the defense side.
One last point on written discovery – we send multiple waves of it throughout discovery. We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery. This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses. This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.
This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible. So the witness has to either lie to support the defense, or admit it’s not true. That’s a dilemma that works for our clients either way, no matter which option the witness takes. We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is. We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.
The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases. We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery. We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.
Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.
After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.
This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries. We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials. At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct. As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.
What Our Clients Say
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Competence, I demand competence. Ashwin and Zane digested all the elements of my case, a complex case with a plethora of moving parts yet distilled it down to its essence. Don't be a victim, stand strong, keep your nose clean and give Sara a call at Madia Law.
If you’re reading this, it’s awful that you are in a position right now where you are online searching for an attorney. I searched online as you are perhaps doing now, read some reviews and settled on an attorney after doing some research. I’ll never forget how blown away I was after my first meeting with Ashwin Madia. I was fortunate to have this man represent me. . I am eternally grateful.
No need to search any longer. You’ve found the right lawyer.
I was referred to Ashwin Madia when it became evident that my case was going to jury trial. He is definitely an expert as a trial lawyer. I found him to be very straightforward, no nonsense, a clear communicator, and I was pleased with the outcome he brought at trial. I would recommend him, and I would go to him again to represent me if the need ever arises.
I would encourage you to spend some time reading Mr. Madia's impressive bio. If that doesn't have you convinced, I will tell you that as someone who spent over 19 years in law enforcement, I have never seen a better trial lawyer than Ashwin. His passion, expertise, ethical commitment, and his incredible memory of the facts, were some of the major reasons I prevailed in my discrimination lawsuit against my employer.Thanks again!
I was referred to Ashwin Madia by a friend, who is also a lawyer. Mr. Madia and his partners dove into my case and prepared for trial in three weeks. Madia Law Firm markets itself as a "trial" driven law firm, and it did not disappoint. Mr. Madia overwhelmed opposing counsel, and after 5 days of trial, the jury ruled in my favor.
My wife, who has been a trial attorney for over 20 years, described Madia's trial work as "amazing," and described his closing argument as one of the best she had ever seen. I highly recommend Madia Law.
I have the utmost respect for Ashwin Madia. Ashwin is professional, knowledgeable, sharp, and genuine. After three years of litigating against my employer, I found myself financially and emotionally drained.
I was ready to give up.
Just five weeks before trial, Ashwin agreed to take on my case and did an amazing and spectacular job at trial! We won! I am so thankful there are people like Ashwin in this world. From the bottom of my heart, thank you!
After being referred to Ashwin Madia I wasn't sure what to expect. Many times in the past I felt unsure of myself. I knew I wanted justice but many times in the past I've had to just walk away. This time was different; if you have the opportunity to get Ashwin Madia to represent you, I know you will have the ammunition you need to defeat your opposition to get the justice your seeking.
This is a spectacular attorney with the understanding of the rights and feelings of others, with the willingness to protect and stand up for those that may not have a voice. I thank you so much Mr. Madia.
Aswhin is an incredible trial lawyer. When we realized that a claim against our business was definitely going to a jury trial in federal court we switched counsel to Ashwin and his team. At the 11th hour they got spun up on the facts and the law (intellectual property) and delivered an amazing performance against a huge "downtown" law firm. From the beginning of his opening statement it was clear that we made the right choice.
I can't recommend Madia Law highly enough.
Ash is an amazing Lawyer! He gave us great advice but still made sure the decision at the end was ours. He was willing to fight for us and did a wonderful job. I could not be more pleased with the outcome and I recommend him highly to anyone in the need of a lawyer. Ash was so smart and did such a great job of helping us understand the process and make sense of it all. He is not only extremely good at his job but he is also a great person. He lets his guard down and by the end of the process he felt more like a friend who was fighting for what was right! I can not say enough good things about him!
Attorney Zane Umstead recently represented my family's interest in a difficult legal situation. He was quite effective and direct in dealing with the opposing party; yet to us he was very kind, thoughtful and courteous. He even generously offered to waive his entire legal fee after spending a generous amount of his time working hard on the case, if we elected not to bring the conflict to a conclusion. His integrity is exemplary and he makes his profession respectable. We highly recommend Attorney Umstead with great enthusiasm.
What can I say about Madia Law, working with Zane and Cody was a privilege, working with Ashwin was a honor. This firm shows great appreciation and care to their clients. I wish nothing but success to all of them.
The future of Madia law is bright and prosperous.
Thank you again for believing in me and showing the little guy counts.
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