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Catastrophic injuries are life-altering events that leave victims with long-term or permanent disabilities, impacting their ability to work, care for themselves, and live independently. Recent data indicates that catastrophic injuries are the leading cause of death among New Yorkers aged 1 to 34 and rank among the top causes of death for other age groups. 

Each year, nearly 8,000 people in New York lose their lives due to injuries. Catastrophic injuries remain one of the primary reasons for hospitalization across all age groups, with over 155,000 individuals requiring hospital care annually. Another 1.5 million New Yorkers sustain injuries severe enough to seek treatment in emergency departments.  

In New York, individuals who suffer catastrophic injuries due to another party’s negligence have the right to seek compensation. Michael S. Lamonsoff, a top catastrophic injury lawyer in New York, is called “The Bull” by his clients because he never stops fighting for them. With deep experience in handling the gamut of catastrophic injury lawsuits, he has a proven track record of securing maximum compensation for victims. If you or a loved one has suffered a life-changing injury, call now for a free consultation and let “The Bull” fight for you.

Catastrophic Injury Attorney in New York City

Common Types of Catastrophic Injuries

A catastrophic injury is defined as an injury that results in permanent disability, long-term medical complications, or a significant loss of bodily function. Common types include:

  • Traumatic Brain Injuries (TBI) – Can lead to cognitive impairment, loss of motor skills, and personality changes.
  • Spinal Cord Injuries – May cause paralysis, chronic pain, or loss of sensation.
  • Amputations – Loss of limbs significantly alters a victim’s quality of life and ability to work.
  • Severe Burn Injuries – Third-degree burns often require multiple surgeries and lead to permanent scarring and nerve damage.
  • Multiple Fractures – Complicated fractures can result in permanent mobility limitations.
  • Internal Organ Damage – Injuries to vital organs may lead to lifelong health complications.
  • Severe Eye Injuries – Can cause partial or total blindness, significantly impacting daily life.

Common Causes of Catastrophic Injuries

Catastrophic injuries can arise from various accidents, including:

  • Motor Vehicle Accidents – High-speed collisions, truck accidents, motorcycle crashes, and pedestrian accidents.
  • Workplace Accidents – Construction site falls, machinery malfunctions, and exposure to hazardous materials.
  • Medical Malpractice – Surgical errors, anesthesia mistakes, and birth injuries.
  • Slip and Fall Accidents – Occurring on unsafe premises due to negligence.
  • Defective Products – Faulty machinery, unsafe drugs, and auto defects.
  • Violent Crimes – Gunshot wounds, physical assaults, and other acts of violence.

Location Types Where Catastrophic Injuries Commonly Occur

Certain locations present a higher risk for catastrophic injuries, including:

  • Highways and Intersections – Locations with heavy traffic and high-speed limits.
  • Construction Sites – Often the scene of serious workplace injuries.
  • Nursing Homes – Elderly residents can suffer catastrophic falls and medical neglect.
  • Factories and Industrial Workplaces – Involve dangerous machinery and hazardous substances.
  • Public and Private Properties – Unsafe conditions in stores, parks, or rental properties can cause severe injuries.
  • Hospitals and Medical Clinics – Medical negligence can lead to irreversible damage.

Who Can Be Held Liable for Catastrophic Injuries?

Liability in catastrophic injury cases depends on the cause of the injury and the involved parties. Potentially liable parties include:

  • Negligent Drivers – In car, truck, and motorcycle accidents.
  • Employers and Contractors – For unsafe working conditions or lack of safety protocols.
  • Property Owners – If hazardous conditions cause serious injury.
  • Medical Professionals – For errors that result in lifelong health complications.
  • Product Manufacturers – If a defect leads to severe injuries.
  • Government Entities – For accidents caused by poorly maintained roads or public property.

Steps to Take If You or a Loved One Were Catastrophically Injured

  1. Seek Immediate Medical Attention – Your health is the top priority; ensure all injuries are properly documented.
  2. Report the Incident – Notify the relevant authorities (police, employer, property owner, etc.).
  3. Gather Evidence – Take photos, obtain witness statements, and keep medical records.
  4. Do Not Accept Quick Settlement Offers – Insurance companies may offer low settlements to close claims quickly.
  5. Consult a Catastrophic Injury Lawyer – An attorney can guide you on the best legal options.

Why You Should Hire a Lawyer for Catastrophic Injury Cases

Catastrophic injury cases involve complex medical, legal, and financial issues, making it essential to have an experienced attorney. A skilled lawyer can:

  • Investigate Your Case Thoroughly – Collect evidence, analyze medical records, and consult with experts.
  • Identify All Liable Parties – Holding negligent individuals, corporations, or government entities accountable.
  • Negotiate with Insurance Companies – Ensuring fair compensation for medical expenses, lost wages, and long-term care.
  • Take Your Case to Trial if Necessary – If a fair settlement isn’t reached, an experienced trial lawyer will advocate for maximum compensation.

If you or a loved one has suffered a catastrophic injury, legal representation is critical to achieving financial stability for the future. Contact our experienced New York catastrophic injury lawyers to discuss your case and explore your legal options. Time limits apply, so act now to protect your rights.

FAQs on Catastrophic Injury Claims in New York

Can a pre-existing condition impact my catastrophic injury claim in New York?

Yes. Insurance companies may argue that your injuries were caused by a pre-existing condition rather than the accident. However, under New York law, if an accident exacerbates or aggravates a pre-existing condition, you are still entitled to compensation. Medical records and expert testimony can help prove how the incident worsened your health condition.

Are punitive damages available in catastrophic injury cases in New York?

Punitive damages are not awarded in every case but may be available if the defendant’s actions were particularly reckless, malicious, or grossly negligent. For example, if a company knowingly ignored safety regulations leading to a building collapse, a court may award punitive damages to punish the wrongdoer and deter similar behavior.

Can I file a lawsuit if my catastrophic injury was caused by a government agency?

Yes, but filing a claim against a government entity in New York requires following strict procedures. You typically must file a Notice of Claim within 90 days of the incident. Failure to meet this deadline may bar your right to sue. Cases against government agencies also have different legal standards and shorter statutes of limitations.

What happens if my catastrophic injury prevents me from testifying or handling my case?

If you are unable to participate in your case due to a severe brain injury, paralysis, or coma, a legal guardian, family member, or court-appointed representative can file the claim on your behalf. In some cases, a conservatorship may be necessary to manage legal and financial decisions related to your case.

Can a landlord be held liable for catastrophic injuries caused by a building collapse or fire?

Yes. If a landlord failed to maintain the property, ignored known hazards, or violated New York City building codes, they could be held responsible for injuries resulting from structural failures, fires, or other safety violations. Landlords have a legal duty to ensure that their buildings are structurally sound and safe for tenants and visitors.

Can I sue for future medical expenses and long-term care if I suffered a catastrophic injury?

Yes. In New York, catastrophic injury claims can include compensation for future medical care, rehabilitation, in-home nursing, and assistive devices such as prosthetics or wheelchairs. Economic experts are often used to calculate these long-term costs and ensure victims receive fair compensation.

What if my catastrophic injury was caused by a defective product?

You may have a product liability claim against the manufacturer, distributor, or retailer. If a design flaw, manufacturing defect, or failure to warn about risks led to your injury—such as a defective car airbag failing to deploy properly—you could hold multiple parties accountable. These cases often require engineering experts to analyze the product’s defects.

How does New York’s “Grave Injury” rule affect catastrophic injury claims involving workplace accidents?

Under New York’s Workers’ Compensation Law Section 11, an employer can only be sued for a workplace injury if it qualifies as a grave injury—such as total blindness, amputation, or severe brain damage. Otherwise, employees are generally limited to workers’ compensation claims unless a third party such as a subcontractor or equipment manufacturer contributed to the injury.

Can family members recover damages in a catastrophic injury case if the victim is permanently incapacitated?

Yes. Family members may seek compensation for loss of consortium, which refers to loss of companionship and support, and economic damages if they must become caregivers for a catastrophically injured loved one. If the victim cannot pursue the case themselves, a guardian or personal representative can file on their behalf.

Does New York have any special rules for traumatic brain injury lawsuits?

New York does not have separate statutes specifically for traumatic brain injury claims, but courts recognize that brain injuries often have delayed symptoms and long-term consequences. As a result, courts may allow expert testimony from neurologists, neuropsychologists, and cognitive specialists to establish the full impact of the injury, even if some effects are not immediately apparent.

How can social media affect my catastrophic injury claim?

Insurance companies and defense attorneys often monitor social media accounts for evidence to discredit your claim. Even a seemingly innocent post—such as a picture of you attending a family event—could be used to argue that your injuries are not as severe as you claim. It’s best to limit social media use during your case.

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