Any type of accident may cause injuries but the ones that result from a sudden, serious tragic event such as a massive fire, a truck collision or a hit-and-run incident may often leave the victim struggling for life. Such injuries cause not just grave physical injuries but also lead to severe emotional stress and the resulting disability or serious health problems often have a destructive effect on the victim’s entire life.
Any type of accident may cause injuries but the ones that result from a sudden, serious tragic event such as a massive fire, a truck collision or a hit-and-run incident may often leave the victim struggling for life. Such injuries cause not just grave physical injuries but also lead to severe emotional stress and the resulting disability or serious health problems often have a destructive effect on the victim’s entire life.
All these injuries may be termed as catastrophic and the legal process for claiming damages for these cases is relatively more complex as compared to other personal injury claims in New York. Catastrophic injuries are those injuries that impact the functioning of vital body systems and often result in a permanent alteration in the victim’s way of life.
Most such injuries will require long-term efforts from an entire host of medical professionals to provide due care for recovery and rehabilitation. Victims of catastrophic injuries may certainly recover from the damage sustained, but many of them have to endure a permanent disability along with a lot of pain and suffering for the rest of their lives.
Some Examples of Catastrophic Injuries in New York
Catastrophic injury cases require the victim to establish:
- That the at-fault party owed a duty to the victim
- That they were negligent
- That they breached their duty
- That the breach of duty caused the victim to sustain injuries, leading to severe damages
Some of the common scenarios of catastrophic injury in New York include the following:
Accident reports filed by law enforcement officials can help to prove the negligence of the driver at fault for the accident. If this driver does not have insurance or if their insurance policy is not large enough to cover the losses sustained by the victim of the catastrophic injury, the victim has no alternative to filing a lawsuit to recover damages.
If the victim suffers a fall on another individual’s property and suffers a catastrophic personal injury, they will have to prove that the property owner was aware of the conditions on their premises that led to the injury. This often requires the plaintiff to provide evidence of dangerous conditions existing on the premises that the owner failed to have corrected.
Accidents at the workplace
Workers who suffer a catastrophic personal injury at the workplace do not have to prove negligence. They are automatically eligible for filing a compensation claim if the employer is responsible for the injury-causing accident. However, in cases where some party other than the employer is involved in causing the accident, the victim may be entitled to filing a personal injury suit to receive additional damages.
Defective Product Accidents
If a catastrophic injury occurs due to the malfunction of a product, the manufacturer of that product will be considered negligent. In such cases, the victim has to prove that the manufacturing company failed in its duty to identify the risk factors and remove them to ensure the safety of their product.
What are the Consequences of Catastrophic Injuries?
In catastrophic injuries, there is severe trauma to the nervous system and brain which in turn affects the functioning of several other vital organs. Some of the commonly observed consequences of catastrophic injuries include:
- Loss of hearing/sight
- Scarring or disfigurement
- Loss of body function
- Amputation of a limb or limbs
- Permanent disability
- Loss of cognitive function
- Anxiety and depression
- Post-traumatic stress disorder
- Loss of ability to communicate
- Severe damage to the gastrointestinal, urinary, or respiratory systems
- Reduction in the lifespan
- Caretaking or assistance to perform even basic personal functions
Why are Catastrophic Injuries Considered Unique?
What distinguishes catastrophic injuries from other personal injuries is the kind of severe physical, emotional, and financial harm that they can cause. Such injuries often have a permanent impact on the life of not just the affected person, but the entire family.
This makes it important to ensure that financial compensation is provided in full to deal with all the damages the victim has suffered and any future complications that are likely to crop up over time.
Catastrophic injuries often result in the following types of economic loss:
- Medical expenses for surgeries, procedures, follow-up consultations, medicines, rehabilitation, and therapy.
- Lost income due to inability to work due to the injury.
- Lost future wages that result due to a permanent disability renders the victim unsuitable for employment.
- Financial loss sustained by the family due to loss of income of an earning member’s injury.
- Future medical expenses to deal with additional medical treatments, assisted living, or use of devices and prosthetics.
Victims of catastrophic injuries also suffer from non-economic losses such as the following:
- Physical suffering and pain
- Slow recovery and rehabilitation
- Lost quality of life
- Psychological suffering and emotional anguish
- Loss of companionship and emotional support
Claims for Catastrophic Injuries in New York are Complex
Compared to minor accidents that cause mild injuries, catastrophic accidents lead to severe damage that is more long-lasting and often of a permanent nature. Naturally, the victims who seek compensation for catastrophic injuries will be looking at winning a far larger sum in damages as compared to those who file a personal injury lawsuit. This fact leads such high-value cases to be particularly complex in the following ways:
- Insurance companies generally try to pay as little as possible in a settlement with the victims of an accident. However, in a catastrophic injury case in New York that involves far greater sums in damages, they go all out to make sure they have to pay the minimum possible compensation. To defend against the claims, they are very likely to use very aggressive tactics and dispute liability and fault as well as the scope of damages being claimed.
They often try to fix at least part if not the entire blame for the accident on the victim. Any other company that is being held liable for the catastrophic injury such as a defective product manufacturer or a contractor responsible for the accident at a construction site will also do the best they can to discredit the claims of the victim.
- A large chunk of the compensation being claimed consists of future expenses the victim is likely to incur for medical help or assisted living facilities due to the disability caused by the catastrophic injury. It is quite likely that the insurance provider and other defendants will bring in medical or financial experts who attack and challenge the expenses being projected for the future by the victim in relation to their injuries.
- Victims need to work with several experts such as accident investigators, doctors, rehabilitation experts, and financial analysts to investigate and evaluate the accidents and give relevant testimony to support their compensation claims. Meeting and enlisting the help of such experts can be quite difficult for most victims who do not have access to approach these professionals.
- Catastrophic injury cases are high-stake cases and far more likely to go to trial as compared to simpler cases of personal injury. If the defendants and plaintiffs are unable to reach a satisfactory out-of-court settlement because the offers of settlement are viewed as being unfair, there is no alternative to litigation of the claims in court.
Whether it is to negotiate with the insurance providers of the at-fault party or to initiate legal proceedings in the lawsuit, having an experienced catastrophic injury attorney on your side is crucial to success in winning the desired compensation.
Consult with a Leading Catastrophic Injury Attorney in NYC
Considering the immense challenges and high stakes inherent in catastrophic injury cases, it is vital that you have a trusted, professional, and competent catastrophic personal injury attorney on your side. Our personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have several years of experience in helping victims of catastrophic accidents win their rightful compensation.
We understand how difficult it is to have your life turned upside down through a catastrophic injury and our team will do the best it can to make sure you are well compensated for all the loss and damage you have suffered and the expenses you anticipate for the future.
We can help you negotiate settlement issues with insurance companies of the at-fault parties in a manner that is beneficial for you. If you decide not to opt for an out-of-court settlement, our lawyers will pursue your case to trial with the greatest dedication.
Our personal injury attorney firm has an excellent networking with experts in the investigative, medical and financial fields. We can help you collect and preserve the evidence necessary to build a strong case. If the case goes to trial, our experts will provide effective testimony that will help to convince the jury of the merits of your claim.
If you or a loved one has sustained a catastrophic personal injury in New York City, get in touch with our competent personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP by calling 212-344-1000 or contact us online to schedule a free consultation.
