Having to deal with a catastrophic injury can be a daunting task, and one that does not go away any time soon. Besides, it’s not just people who have to bear the brunt of their injuries, but their families as well. In any such case, it’s important to seek compensation from whoever is responsible for causing the injuries. You must also understand what qualifies as a catastrophic injury and how to go about filing a personal injury claim or lawsuit. Typically, hiring a catastrophic injury lawyer or attorney is the best way forward.
What Is a Catastrophic Injury?
The most common types of personal injury cases involve road accidents, slips and falls, dog bites, and injuries that heal relatively quickly. Then, there are severe injuries that can fundamentally alter people’s lives. These injuries require long-term medical care and significant lifestyle changes, and they tend to prevent people from returning to work. It is common to refer to these injuries as catastrophic injuries.
In New York, a catastrophic injury isn’t just a serious injury; it’s one with profound and lasting consequences. While there isn’t a single legal definition that applies to every case, catastrophic injury attorneys/lawyers and courts generally consider an injury to be catastrophic if it leads to:
- Permanent disability. The injury results in a lasting impairment of one or more physical/mental functions.
- Long-term medical care. The injured individual requires extensive and ongoing medical treatment, rehabilitation, therapy, and potentially round-the-clock care for the rest of their life.
- Significant functional limitations. The injury severely limits an individual’s ability to carry out day-to-day activities, work, or engage in their hobbies/passions.
- Substantial financial burden. The costs associated with medical care, lost income, and necessary accommodations are significant, straining the injured individual and their family immensely.
Common Examples of Catastrophic Injuries in New York
While different injuries can be serious, some types are more commonly classified as catastrophic due to their inherent severity and long-term impact. The most common examples include:
- Spinal cord injuries (SCI). Damage to the spinal cord may lead to partial or complete paralysis, loss of sensation, and loss of control over different bodily functions.
- Traumatic brain injuries (TBI). TBIs vary from moderate to severe and can cause cognitive impairments, personality changes, speech difficulties, motor skill issues, and persistent headaches or seizures.
- Amputations. Losing a body part because of an accident or a necessary surgical procedure required owing to an injury can have a significant effect on one’s mobility and quality of life.
- Severe burns. Third- and fourth-degree burns are dangerous and can result in permanent disfigurement, nerve damage, and chronic pain. They might also require numerous skin grafts and reconstructive surgeries.
- Loss of sight or hearing. Complete or significant impairment of these senses can drastically alter a person’s ability to live independently and interact with the world.
- Organ damage. Severe damage to vital organs like the kidneys, lungs, and heart can require lifelong medical management, dialysis, or even organ transplantation.
- Permanent disfigurement. Severe disfigurement, especially when it’s visible, can cause significant psychological trauma and social challenges.
Why Does Classification Matter?
Ask any personal injury lawyer this question and the answer you get will be that understanding the difference between a serious and catastrophic injury is crucial when filing a claim or a lawsuit. Given the long-term effects of catastrophic injuries, the damages are typically far greater and more complex.
- Past and future medical expenses. These cover everything from emergency care and surgeries to long-term rehabilitation, medications, assistive devices, and home healthcare.
- Lost wages and earning capacity. Loss of earnings in cases that involve catastrophic injuries not only include current wages, but also account for the fact that the injured person’s ability to earn income for the rest of their life might be severely diminished or eliminated.
- Pain and suffering. This includes physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by the injury.
- Loss of consortium. This applies to the effect the injury has on a relationship, including companionship and intimacy.
- Home modifications and specialized equipment. Dealing with catastrophic injuries often necessitates modifications to homes and specialized equipment.
How to Get Compensation for a Catastrophic Injury
While New York law provides avenues for victims to seek compensation, the process is complex and demands following a strategic approach. These, in essence, are the steps to file a catastrophic injury claim in New York.
Prioritize Medical Attention and Keep All Records
Seeking medical treatment soon after a catastrophic injury is crucial. Even if you don’t feel immediate pain, some severe injuries, like traumatic brain injuries, may have delayed symptoms. Follow your doctor’s recommendations diligently, attend every appointment, and undergo all prescribed therapies.
Keep in mind that your medical records are the bedrock of your claim. They establish the severity of your injuries, the necessary treatments, and the long-term prognosis. Consistent documentation linking your injuries directly to the accident is vital.
Preserve Evidence
If you are able to, or have someone who can assist, gather as much evidence from the accident scene as possible. This includes:
- Photographs and videos.
- Witness information.
- Police/incident reports.
- Other forms of physical evidence.
Understand New York’s Serious Injury Threshold
This applies only if your injuries are the result of a car accident. In this case, know that New York follows the no-fault insurance system, wherein your own personal injury protection (PIP) insurance covers initial medical expenses and some lost wages.
If you wish to seek compensation beyond your PIP benefits and file a personal injury claim or lawsuit against the at-fault party, your injuries must meet New York’s “serious injury” threshold as defined in the Laws of New York, Insurance (ISC) Chapter 28, Article 51, Section 5102. Catastrophic injuries often meet this threshold, but insurers may still dispute claims.
Speak to an Experienced New York Catastrophic Injury Lawyer
This is arguably the most critical step, mainly because catastrophic injury cases are highly complex and involve substantial compensation amounts. This is what you may expect from an experienced New York catastrophic injury attorney/lawyer.
- Investigating your case. Your lawyer will start by carrying out a thorough investigation, gathering evidence, and identifying all liable parties.
- Navigating legal complexities. Personal injury lawyers understand the legalities that surround such cases, including no-fault rules and comparative negligence.
- Calculating damages. Catastrophic injuries tend to come with substantial economic and non-economic damages. Lawyers tend to partner with expert witnesses from different fields to accurately assess the value of catastrophic injury claims, including future needs.
- Dealing with insurance companies. Insurance companies often try to minimize payouts. You may depend on your lawyer to handle all communications/negotiations with them, and fight for a fair settlement.
- Meeting the statute of limitations. New York has a strict statute of limitations for filing lawsuits. For most personal injury claims, you have three years from the date of the injury. However, some exceptions exist, like a 90-day notice requirement for claims against government entities. Your attorney will ensure meeting any applicable deadline.
- Representing you in court. If the absence of a settlement, your lawyer will prepare to take your case to court and present a compelling argument on your behalf.
Get Ready for a Possibly Lengthy Legal Process
The process of getting compensation by filing a personal injury lawsuit can be lengthy and involves several stages. Fortunately, you may count on your catastrophic injury lawyer to help you navigate them with ease.
- Investigation. This is when your attorney gathers evidence, reviews records, and consults with expert witnesses.
- Demand letter. This step involves sending a formal letter outlining your claim and desired compensation amount to the at-fault party’s insurance provider.
- Negotiations. A majority of personal injury cases end up in out-of-court settlements, and you may count on your attorney to negotiate on your behalf.
- Litigation. If negotiations fail, your attorney will file a personal injury lawsuit. The different stages include discovery, motions, mediation/arbitration, trial, and judgment.
Conclusion
Hiring a catastrophic injury lawyer in New York is not just about getting compensation; it’s about securing the resources you need for a lifetime of care, recovery, and as much normalcy as possible. Your lawyer will be your advocate and fight for the justice and compensation you deserve, giving you all the time you need to focus on healing.