Injuries may range from being rather minor to being quite serious, and then there are catastrophic injuries. These injuries are often regarded as so severe that they exist in a category all their own. They are known for causing victims extreme pain and coming with debilitating complications.
Catastrophic injuries often come with severe complications, and many victims live with serious pain or life-altering disabilities. Other victims do not survive. Common examples of such injuries may include amputations, traumatic brain injuries, and spinal cord damage. To prove that your injuries are indeed catastrophic and worth substantial damages, we should have you thoroughly examined by a doctor. Your medical records and medical expert testimony may be key pieces of evidence in your case.
Get a confidential, free case assessment from our New York personal injury lawyers by calling us at The Carrion Law Firm at (718) 841-0083.
What Injuries Are Considered “Catastrophic?”
The pain from your injury might be the worst pain you have ever experienced, but that does not necessarily mean your injury should be considered “catastrophic.”
There is no specific statutory definition of a catastrophic injury, so it can be difficult to pin down exactly what this means. Generally, injuries may be considered catastrophic when they are extremely severe, painful, and require extensive medical care. On top of that, catastrophic injuries usually have long-term implications for victims, and they may suffer from medical complications or long-term disabilities.
Whether or not your injuries are catastrophic is an important distinction to make, as it might make a huge difference in what kind of damages our New York personal injury attorneys can help you claim.
Common Examples of Catastrophic Injuries
Numerous injuries may be considered catastrophic, and how they occur is just as important as the injury itself.
Amputations
Losing a body part is almost universally considered a catastrophic injury. Depending on which limb is affected and how significant the loss is, your entire life could be upended. You might have to find new work or be unable to work at all.
On top of that, amputations do not always occur in a medical setting. People sometimes lose limbs to things like machinery or tragic accidents, and the pain can be nearly insurmountable.
Traumatic Brain Injuries
A traumatic brain injury (TBI) can cause severe complications, both physically and cognitively. The injured victim might no longer be able to work or live independently, and their medical needs might be astronomically expensive. Not only can this be hard to deal with physically, but the loss of the life you once had might be extremely emotionally painful.
Spinal Cord Injuries
The spinal cord is connected to almost every other part of your body, and spinal cord injuries can have devastating consequences. One of the most well-known effects of spinal cord damage is paralysis. Depending on where the spine is injured, a person might be permanently paralyzed from the waist, chest, or even neck down. Even if you are not paralyzed, back injuries often lead to serious long-term or lifelong pain.
Claiming Damages for Catastrophic Injuries in New York
Catastrophic injuries tend to result in significant damages. As such, you should talk to your attorney about all your injuries, losses, and expenses so that no compensation is left on the table.
First, we should take a thorough accounting of your economic damages. This will likely come mostly from medical expenses, which are often enormous in cases of catastrophic injuries. You will also likely need long-term care that goes beyond the end of your civil case, and we should estimate the cost of future medical care, too.
Non-economic damages also tend to be substantial, as victims of catastrophic injuries often endure great pain, both physically and mentally. You might be permanently disabled or live with long-term complications, like chronic pain.
How to Determine if Your Injuries Are Catastrophic
While we might believe your injuries should be considered catastrophic, the defense will likely argue otherwise. To prove our claims, you need to be evaluated by a doctor.
Your doctor can provide you with the treatment you need to recover, and they may explain the recovery process. Catastrophic injuries often do not fully recover, and victims may live with complications, pain, or disabilities for many years or forever. Your doctor can determine your maximum medical improvement.
Some injuries are clearly catastrophic from the beginning. Others might be less clear. We may need time to determine if your injuries are catastrophic and whether you will fully recover.
Who is Responsible for Catastrophic Injuries in New York?
We must determine who to hold responsible for your injuries. While one person might have directly caused the accident that led to your catastrophic injury, others might also bear some blame, and all should be included.
One person, several people, or a business might be responsible for your injuries. For example, if you were hurt in a car accident, you can sue the other driver. If you were injured in an elevator accident, the business that owned the elevator might be held responsible.
It is also possible that you went to a doctor for treatment, and the doctor acted negligently, making your injuries much worse. Your injuries might not have been catastrophic when they were initially inflicted. However, when you received medical treatment, your doctor might have committed medical negligence and made your injuries so much worse that they became catastrophic.
Suing for Catastrophic Injuries
If you decide to pursue legal action for catastrophic injuries, you must talk to a lawyer as soon as possible. According to the statute of limitations for personal injury claims, C.V.P. Law § 214, you only have 3 years from when you were injured to file a case in court.
Under special circumstances, we might have the statute of limitations tolled and give you more time to file your case. For example, if someone is a minor when they are injured, the statute of limitations would not begin until the injured victim turns 18.
Catastrophic injury cases tend to be complex, and it is best to hire an attorney as soon as possible so they have as much time as possible to prepare your case.
Call Our New York Personal Injury Attorneys for Legal Support Now
Get a confidential, free case assessment from our Harlem, NY personal injury lawyers by calling us at The Carrion Law Firm at (718) 841-0083.