Catastrophic Injury Lawyer in New York
Catastrophic Injury Lawyer in New York
Catastrophic injuries can take a dramatic toll on not only the victim, but the victim’s family as well. These injuries, which are, by definition, completely devastating, severely impact the sufferer’s daily activities, quality of life, and livelihood. At the same time, the family of the victim will face mounting and often astronomical medical and home care bills, while struggling with the loss of one income or the family’s primary income.
This can be a trying time, but you do not need to go it alone. A catastrophic injury lawyer in New York can help.
What qualifies an injury as catastrophic?
In many injury cases, the victim is able to, over time, recover and lead a normal life. In some cases, however, the damage caused by the injury is permanent and to such an extent that the victim’s quality of life is forever lessened. These injuries may include:
- Paralysis, including paraplegia or quadriplegia
- Traumatic brain injury or spinal cord injuries
- Traumatic burn injuries
Who can I hold accountable for my catastrophic injury?
The details of your case will determine who you can hold accountable for your injury. Some common examples would include:
- If your injury was the result of a car accident, you are entitled to collect compensation from your insurance provider regardless of who was at fault for your injury, as a result of New York’s “no fault” insurance. However, because you suffered a catastrophic injury, you likely satisfy the injury threshold and will be able to hold the other driver liable if he contributed to your accident.
- If you suffered a workplace injury, you cannot hold your employer liable. However, you may be able to hold a third party liable, such as a manufacturer liable if defective equipment caused your injury.
- If you suffered an injury on someone else’s property (personal or commercial), the property owner may be liable for damages.
How do I hold the at-fault party accountable for my catastrophic injury?
To ensure that you receive just compensation for your injuries and suffering, you will need to prove a number of things, including:
- The extent of your injury and the costs associated with it.
- The diminished quality of life you are facing, as well as your lost wages and loss of earning potential and how that impacts you and your family.
- The extent to which the fault for the injury can be attributed to the party you’re seeking compensation from — whether it is a fellow motorist, company, city, or private citizen. This involves establishing that the at-fault party had a duty to protect you from undue harm and that its breach of this duty led to your injuries.
What damages can I recover for my catastrophic injury?
If you or a loved one have suffered a catastrophic injury at the hands of another, you may be entitled to compensation beyond outstanding medical bills and/or property damage.
In many cases, catastrophic injury victims are entitled to damages for losses and suffering, and compensation that will help provide for their current and future needs, such as ongoing medical care or disability, loss of wages or earning capacity, expenses for home modification, and more.
Can I recover compensation even if I was partially at-fault for my injuries?
Yes. New York State follows the “pure comparative fault rule” in determining liability for an accident or injury. This means that a victim’s percentage of liability will offset his entitlement to compensation.
Consider the following: you suffer catastrophic injuries in a car accident after a driver runs a red light. You could have avoided the accident but you were texting. The insurer finds you 30 percent at fault for the accident. You can recover 70 percent of your settlement demand.
How long do I have to file a claim?
In New York State, the statute of limitations requires a victim to file suit within three years of injury to recover civil damages. However, if you are filing a claim against a city, county, or the state, those limitations are further shortened — you have 90 days to file a formal claim against any of those entities, and only one year to file suit.
How can a catastrophic injury lawyer in New York help me?
A catastrophic injury attorney who is familiar with New York law can help evaluate your case and provide you with counsel and insight into a range of factors that can determine the outcome of your case, including:
- Liable parties you may not have been aware of (e.g., parts manufacturers in car accident)
- An evaluation of your case and what damages you may be entitled to receive
- A strategy to maximize the compensation you should be entitled to, in order to offset your mounting expenses.
Call a New York catastrophic injury attorney to schedule a consultation today.