How to File a Catastrophic Injury Claim in New York?

Do you want to file catastrophic injury claims in NYC? If yes, firstly, you should understand what types of injuries fall under the catastrophic or fatal injury category. As you know, an injury that causes long-term impacts that affect the victim's life and daily functionality or even threaten a person's life is known as a catastrophic injury.

 Usually, a person with catastrophic wounds may have to deal with expensive surgical treatment and extensive medical intervention. Although these types of injuries may not always end up with permanent impairments. Still, the victim may have to rest for months or sometimes years to recover.

Types of Catastrophic Injuries

 There is no specific definition of a catastrophic injury. However, according to New York laws, the following injuries are severe enough to qualify as catastrophic injuries:

 ★ Traumatic Brain Injury (TBI): A TBI is a severe injury to the brain that can result in permanent disability, such as cognitive impairment, paralysis, or loss of speech.

★ Spinal Cord Injury (SCI): An SCI is damage to the spinal cord that can result in paralysis, numbness, or weakness in the arms and legs.

★ Amputation: The loss of a limb, such as an arm or leg.

★ Disfigurement: A severe injury that causes permanent scarring or disfigurement.

★ Multiple Fractures: The breaking of several bones in the body.

★ Burns. Severe burns that can cause scarring, disfigurement, and disability.

★ Internal Injuries: Serious injuries to the internal organs, such as the heart, lungs, or liver.

★ Death Of A Fetus: The death of a fetus during pregnancy or childbirth.

As you can see, these all are considered fatal or catastrophic injuries that may require long-term medical and/or personal care.

 Not only the severe physical pain and long-term medical expenses, the injury victim will have to deal with emotional distress and mental trauma for a long time.

Causes of Catastrophic Injuries

 Catastrophic injuries can be caused by a variety of factors, including:

 ❖ Car accidents

❖ Falls

❖ Workplace accidents

❖ Sports injuries

❖ Violence (Gunshot wounds and physical assaults)

❖ Medical malpractice

❖ Defective products

❖ Natural disasters (Hurricanes, Tornadoes, and Earthquakes)

These are a couple of examples of catastrophic injury causes. They can happen due to the victim's negligence, or someone might be responsible for the victim's damages. But how can someone determine the liable person for the victim's injuries? Here is how:

Who is Responsible for the Damages Caused by Catastrophic Injuries?

The person or entity responsible for the damages caused by catastrophic injuries will vary depending on the specific circumstances of the case. In general, the responsible party is the one who was negligent or who breached a duty of care owed to the victim. Some of the common parties who may be held liable for catastrophic injuries include:

Vehicle’s Driver: If a car accident causes catastrophic injuries, the driver of the at-fault vehicle may be held liable. This is because drivers have a duty to operate their vehicles safely and to avoid causing harm to others.

Property Owner: If a property owner fails to maintain their property in a safe condition and someone is injured as a result, the property owner may be held liable. This is known as premises liability.

An Employer: If an employee is injured in a workplace accident, the employer may be held liable if the accident was caused by the employer's negligence. This is known as workers' compensation.

A Healthcare Provider: If a patient is injured as a result of medical malpractice, the doctor or other healthcare provider may be held liable.

The Manufacturer Of A Defective Product: If a product is defective and causes someone to be injured, the manufacturer of the product may be held liable. This is known as product liability.

A Government Entity: If a government entity is responsible for maintaining a public property and someone is injured as a result of the entity's negligence, the government entity may be held liable.

It is important to note that not all catastrophic injuries are caused by negligence. In some cases, the victim may be partially or fully responsible for their own injuries. For example, if a person is injured while driving under the influence of alcohol, they may be partially responsible for their own injuries. So get an appointment with a catastrophic injury attorney in New York, before you rush to file a claim.

Should I Hire A Personal Injury Attorney for a Catastrophic Injury Claim?

 Whether or not you should hire a personal injury attorney for a catastrophic injury claim depends on a number of factors, including the severity of your injuries, the amount of compensation you are seeking, and your own personal circumstances.

 

In general, it is a good idea to hire an attorney if you have suffered a catastrophic injury. An attorney can help you understand the law and your rights, and can represent you in a claim for compensation. They can also help you navigate the complex legal process and make sure that you are not taken advantage of by the insurance company.

If you need legal help from a catastrophic personal injury lawyer in NYC, feel free to contact team Godosky & Gentile for further assistance.