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The aftermath of a catastrophic injury can be overwhelming, leaving victims struggling to cope with physical, emotional, and financial burdens. If you understand your legal rights and options, you can find guidance during this difficult phase and pursue compensation for the life-altering impact of these injuries.
The average settlement or award for a personal injury claim is around $53,000. However, the average settlement for a catastrophic injury in New York is typically much higher due to the life-changing impacts of these injuries.
The range for awards can vary significantly, depending on factors that include the negotiating skills of your attorney. That is why it's essential to seek the guidance of experienced catastrophic injury lawyers in New York who know how to secure rightful settlements.
Whether you are a victim seeking justice or a concerned family member, you will find valuable information in this guide to help you navigate the challenging journey ahead.
What Is a Catastrophic Injury?
A catastrophic injury is a severe injury that results in long-term or permanent disability or impairment. These injuries can have a devastating impact on the victim's life, affecting their ability to work, care for themselves, and live independently.
Common types of catastrophic injuries include:
- Traumatic Brain Injuries (TBI): These injuries can lead to cognitive impairment, memory loss, and altered consciousness.
- Severe Burns: Burns can cause extensive skin damage, scarring, and disfigurement.
- Spinal Cord Injuries (SCIs): Injuries to the spinal cord can result in paralysis, loss of sensation, and other impairments.
- Amputations: Along with their psychological impacts, amputations can be physically disabling and require prosthetics and extensive rehabilitation.
- Multiple Fractures: These injuries can lead to prolonged immobility, complex surgical interventions, and extensive physical therapy.
Catastrophic injuries can stem from various causes, including motor vehicle accidents, construction site mishaps, medical malpractice, falls from significant heights, product defects, and workplace accidents. But no matter the cause, these injuries change the lives of victims and their families.
When Is a Personal Injury Considered Catastrophic?
Personal injury claims can involve a broad range of injuries, from minor sprains and bruises to amputations and concussions.
While any personal injury can cause pain, suffering, and financial strain, not all rise to the level of catastrophic injury. Catastrophic injuries are characterized by their permanence, often resulting in lifelong disabilities that limit mobility, cognitive function, or overall independence.
Here are some of the key factors that distinguish catastrophic injury claims from standard personal injury claims:
- Severity of Injury: Catastrophic injuries are far more severe than typical personal injuries, causing profound and lasting impairments.
- Permanence of Injury: Catastrophic injuries are often permanent, which means that the victim's condition is unlikely to improve significantly over time.
- Impact on Independence: Catastrophic injuries significantly impair an individual's ability to live independently, requiring ongoing care and assistance.
- Economic Impact: Catastrophic injuries often result in substantial financial burdens due to medical expenses, lost wages, and long-term care needs.
For example, a leg amputation is a severe and permanent injury. It impacts the victim’s independence, and they will wear a prosthesis for the rest of their life. In many cases, the victim can no longer work in their previous career. For these reasons, the estimated settlement for this catastrophic injury in New York is over $4 million.
What Can Your Catastrophic Injury Claim Cover?
In the aftermath of an injury, understanding the scope of compensation available through a catastrophic injury claim is crucial. The compensation encompasses a wide range of critical aspects, including:
- Emergency Medical Expenses: The costs associated with immediate medical care, such as ambulance transportation, hospitalization, and surgery.
- Ongoing Medical Care and Rehabilitation: The costs of ongoing medical care, such as physical therapy, occupational therapy, and medication.
- Loss of Income and Future Earnings: Compensation for lost wages and reduced earning capacity due to the injury, including future income that the victim would have earned, had the injury not occurred.
- Pain and Suffering: Compensation for the physical and emotional pain and suffering caused by the injury, both in the past and in the future.
- Home Modifications: The costs of modifying the victim's home or vehicle to make it more accessible and accommodating for their needs.
- Assistive Devices: The costs of assistive medical devices such as wheelchairs and prosthetics.
- Psychological and Emotional Damages: Compensation for the psychological and emotional trauma caused by the injury, such as anxiety, depression, and post-traumatic stress disorder.
Because severe injury claims encompass a wide range of expenses — some of them lifelong — the average settlement for catastrophic injuries is high. Some catastrophic injury claims settle for millions of dollars.
Factors Affecting Catastrophic Injury Compensation
When you pursue compensation for a catastrophic injury, various factors will influence the outcome of your claim, including:
The Severity of Your Injuries
One of the most significant factors influencing compensation is the severity of the injuries sustained. More severe injuries that result in permanent disabilities or impairments typically lead to higher compensation.
If the victim is found to be partially at fault, the compensation may be reduced. This is because New York law allows blame for the incident to be spread among multiple responsible parties, and the victim’s award will be reduced by their share of blame.
The Quality of Evidence
Strong evidence is critical in supporting a victim's claim and maximizing their compensation. Medical records, eyewitness accounts, and expert testimony are all valuable forms of evidence that can substantiate the severity of the injuries, the impact on the victim's life, and the at-fault party's negligence.
Your Attorney’s Negotiation Skills
The negotiation skills of the victim's legal representatives significantly impact the case outcome. Experienced catastrophic injury attorneys can effectively advocate for the victim's rights, negotiate a favorable settlement, and pursue litigation strategies that increase the chances of obtaining fair compensation.
Statute of Limitations for Catastrophic Injury Cases
In New York, the statute of limitations for most personal injury cases spans three years, starting from the date of the injury. Catastrophic injury victims must initiate legal action within this three-year time frame to protect their right to compensation.
Don't Face the Devastating Impact of a Catastrophic Injury Alone
You hold the power to act. Trust Jacob D. Fuchsberg Law Firm for seasoned guidance and unwavering advocacy.
Seek Justice for Catastrophic Injuries with Jacob D. Fuchsberg Law Firm
You don't have to face a catastrophic injury case alone. Reach out to Jacob D. Fuchsberg Law Firm today for a complimentary consultation. We are dedicated to fighting for the justice you rightfully deserve.