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.
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