The worst kinds of personal injuries that a person can suffer are those that cause lasting
or permanent damage. Catastrophic injuries can affect a person’s physical appearance, mobility, mental capacity and
overall ability to enjoy life. Any number of accidents can cause severe injuries, from car accidents to medical
malpractice.
At Jaroslawicz & Jaros, we have decades of experience and know how to maximize compensation
for catastrophic injuries of all kinds. Each New York City personal injury lawyer from our firm can thoroughly
investigate the nature of your injury in order to establish its severity and win a fair settlement or verdict.
Our firm sued the actor Edward Norton’s film company after a blaze that
took the life of an NYC fireman and left a family homeless.
Types Of Catastrophic Injuries
Some of the most common catastrophic injuries include severe burns, broken bones, brain trauma and spinal cord
injuries. Burn injuries of the second degree or worse can become infected or cause scarring and may even require
surgery and skin grafting. Broken bones take months to heal and can still be significantly weaker for many months or
years to follow. Head and brain injuries can endanger the life of the victim and may result in memory loss, reduced
mental capacity or a coma. Spinal cord injuries can cause temporary or permanent paralysis, turning the victim’s
life completely upside down.
Crossing The Serious Injury Threshold
In order to seek reparations for both economic and noneconomic damages, New York insurance law requires that we
first establish that you sustained a “serious injury." Insurance Law § 5102 defines “serious injury"
as:
- Loss of a limb
- Physical deformation
- Loss of unborn child
- Broken bone
- Limitation or loss of a body function
Loss of a limb, disfigurement, loss of an unborn child and broken bones are typically straightforward injuries to
prove in court. If you are suffering from a limitation or loss of a body function, it may be difficult to prove you
meet the serious injury threshold. Much of this law is still left up to interpretation, and this can become
problematic if you cannot provide evidence showing that your injuries have prevented you from performing your
typical daily activities. Basically, it’s much easier to prove a broken leg than liver failure due to a defective
drug.
The court may take the following actions to determine whether your injury may classify as
“serious":
- Examine your medical records and consult your treating physician.
- Question any related pre-existing injuries.
- Question the length of time in which you were unable to perform daily activities.
- Examine documentation of any and all limitations related to your injury.
Proving that you have suffered a “serious injury" can be difficult. Even if your case is black and white, the
insurance carrier and defense counsel will dig for whatever kind of leverage they can to use against you. If you
have suffered a catastrophic injury, your recovery and well-being are paramount. Once your physical needs have been
tended to, contact a New York City trial attorney at our firm for a free consultation. We know what it takes to
establish a strong case; it is our priority to ensure you receive the compensation you deserve.
Get Help From A Personal Injury Lawyer In
New York City, NY
In order to win your case, you will need the help of medical experts, liability experts, economists and even
rehabilitation experts. You need an attorney who will spend this kind of time and money on your case. This is why
you should not hesitate to retain a personal injury attorney from our firm if you’ve suffered a severe injury.
Jaroslawicz & Jaros can help you establish liability and the severity of your injury in order to maximize your
compensation. Our lead attorneys have both been included in The National Trial Lawyers: Top 100 Trial Lawyers.
When you retain a lawyer from our firm, you can be sure of receiving excellent representation and personal
attention. Contact Us for a free consultation. Call us in New York at 212.227.2780.
