Bronx Catastrophic Injury Lawyer

Accidents, regardless of their magnitude, are potentially disruptive to your life and the lives of those around you. But where the injuries are catastrophic, the resulting effects can change the course of your life forever. If someone caused your accident by acting negligently, you may have a right to seek compensation for the injuries and their long-term effects on your life.

Fortunately, an experienced Bronx catastrophic injury lawyer is standing by to help you counter low-ball settlements from insurance companies and fight for the compensation you deserve. Contact Lever & Ecker, PLLC for a free consultation and to learn your legal options today.

What Is Considered a Catastrophic Injury?

An injury can be labeled “catastrophic” if it results in permanent or long-term disability that prevents a person from working or enjoying life as they once did before the accident. In some cases, the injury might lead to cognitive decline, cause severe psychological suffering, and permanently affect the victim’s relationship with their family. Common examples of catastrophic injuries include the following:

• Spinal cord injuries
• Head and brain injuries (traumatic brain injuries)
• Loss of limb
• Paralysis
• Disfigurement 
• Internal organ damage
• Severe burns

As a result of the severity of these injuries, the victim might require lifelong medical care, which compounds the financial burden arising from the accident and its aftermath. Consequently, the settlements for catastrophic injuries are often higher than other personal injury cases, to cover the lifelong medical and nursing costs and lost wages.

Types of Accidents That Cause Catastrophic Injuries

Any accident can cause a catastrophic injury, depending on its impact. Some of the common causes include the following:

• Motor vehicle accidents (e.g., car, truck, motorcycle, bicycle, bus, and pedestrian accidents)
• Premises liability (i.e., , slip, trip and fall accidents)
• Construction accidents
• Sports accidents
• Product liability injuries
• Medical malpractice 

If you or a family member have been in a severe accident that left you with catastrophic and debilitating damage, you may have a right to lodge a catastrophic injury claim.  

Damages Awarded for Catastrophic Injuries in the Bronx

Monetary recoveries for personal injury claims serve to compensate you for losses you’ve suffered as a result of your accident. Given the long-term nature of these injuries, the settlement is also intended to cover future costs and losses. Mainly, the damages constitute what is called “economic” and “non-economic” damages. 

Economic damages are the direct costs, and include the following: 

• Medical expenses: This covers ongoing and future medical expenses, including the cost of hospitalization, medication, surgery, doctor visits, nursing care, psychological therapy, prosthetics, assistive devices, etc.
• Lost wages: This encapsulates lost income since the accident and future loss of earning capacity.
• Home modifications: This may include alterations needed in your home to accommodate your disability.

Non-economic damages cannot be quantified as easily as economic damages.Examples of non-economic damages include the following:

• Pain and suffering, including both past and future
• Surgeries
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Disfigurement
• Loss of quality of life

The damages awarded for pain and suffering vary widely from case to case, depending on the magnitude of the injuries and their impact on the victim’s life. Once you consult an attorney, they may be able to help you quantify your damages and develop evidence to justify the claim.

Proving Liability

While you can represent yourself in a catastrophic injury claim, it is not always the best decision. Insurers require you to provide evidence to prove the at-fault party’s liability. To receive compensation, you must prove these four elements of negligence.

• Duty of care: You must prove the party responsible for the accident owed you a duty of care, which is a requirement that a person act toward others with the caution that a reasonable person would in that situation. For example, if you sustain spinal cord damage from a slip and fall accident, you must demonstrate the owner of the premises owed you a duty of care.
• Breach of duty: You also need to demonstrate the at-fault party breached their duty of care. So, if you fell as a result of a wet floor that was due to a leaky pipe, you may claim the owner breached their duty of maintaining their premises free of hazards and failed to notify the users of the potential danger.
• Causation: You must also show that their breach of duty was the cause of the accident. In this case, the wet floor caused you to slip, leading to injuries.
• Damages: Finally, you must provide evidence of the damages you sustained due to the injuries you suffered from the accident. This could include medical records, employer’s letter of absence from work, cost of home modification, etc.

Because the extent of the injured person’s damages in a catastrophic injury case typically requires higher compensation than a standard personal injury case, it’s crucial that you work with knowledgeable legal professionals to demonstrate the long-term impact of the injuries. An attorney experienced in catastrophic injury claims may be able to gather the necessary experts and work together to prove the defendant’s liability.  

What is the Statute of Limitations for Catastrophic Injuries in New York?

Generally, the time limit for seeking compensation for personal injury claims in the Bronx is three years. It’s also important to note that the deadline may be much shorter in certain cases, including those involving a municipality or public authority, in which case additional submissions may be required in as little as 90 days after the accident.  On the other hand, the deadline may be tolled (or suspended) in certain circumstances, such as where the victim is minor or mentally incompetent.

Need an Experienced Bronx Catastrophic Injury Attorney? Get in Touch with Lever & Ecker, PLLC Today

Catastrophic injuries are life-altering. If you’re been in a severe accident and suffered a devastating injury, you may have the right to seek damages to compensate for your past and future losses. To do so, consider hiring an experienced catastrophic injury lawyer to help you prove liability and fight for a fair outcome.

At Lever & Ecker, PLLC, we are experienced catastrophic injury lawyers in the Bronx, ready to give you the best representation possible. No matter the magnitude of your case, you can benefit from our team’s unique strength—big firm service and small firm approach—and fight for the compensation you deserve. Brief us via our contact form or call us at (718) 933-3632 today for a free consultation.