What Constitutes Catastrophic Injury in New York?

When you suffer an injury in an accident, you may not think about whether it’s considered “catastrophic” or not. You just know that you’re in pain and suffering because of someone else’s negligent or wrongful conduct. If you’re planning on filing a personal injury claim, however, a catastrophic injury has a specific definition.  

At Silberstein & Miklos, our lawyers can help you get a better idea of what to expect when filing a claim. Learn more about what a catastrophic injury is and how it can affect your case when you are asking for compensation.  

The Most Common Types of Catastrophic Injuries

If you go by medical definitions, catastrophic injuries typically refer to those that affect the brain or spinal cord. In personal injury claims, however, the definition tends to be broader. Catastrophic injuries, by U.S. law, are those that prevent someone from working. Here are some of the most common types.  

Severe Burns

Burns can be very difficult to treat and can lead to the development of life-threatening infections. If you’ve suffered severe burns, you could need skin grafting procedures. These grafts can make mobility difficult even after you’ve healed.  

Neck and Spinal Cord Injuries

Suffering injuries to the neck or spine can leave you with partial or complete paralysis, significant pain, and a variety of other issues that could make working impossible. You could also experience nerve damage. 

Loss of a Limb

Losing a limb in an accident doesn’t just mean dealing with the pain of the injury. It also results in emotional and psychological distress, like experiencing phantom pain. The extensive rehabilitation needed after losing a limb, as well as the difficulties the loss can cause in everyday life, can make working very difficult.  

Traumatic Brain Injuries

Some of the most severe injuries you can suffer are traumatic brain injuries. They can prevent you from taking care of yourself, affect your cognitive abilities, and even change your personality. These injuries often require lifelong medical care.  

Why You Need a Lawyer When Filing a Catastrophic Injury Claim

Filing a claim after suffering a catastrophic injury is a difficult and stressful process you don’t want to tackle on your own. You’ll be dealing with pain and distress, and the last thing you want to worry about is gathering evidence to show that you deserve help.  

One of the first things you’ll need when filing a personal injury claim is proof that the other party was negligent. You will need to show that they owed you a duty of care and that they failed in that duty, resulting in your injuries. Proving this isn’t as easy as it may sound.  

When you hire a catastrophic injury lawyer, you have an ally who will fight for you. Lawyers know how to investigate an accident and gather useful information to help prove negligence. They have contacts with expert witnesses, like accident reconstructionists, who can provide their testimony to help establish your claim.  

Vitally, your lawyer will negotiate with insurance companies. Insurers do not prioritize helping you. Their goal is to pay you as little as they can get away with, and they’ll try all manner of tactics to accomplish that. They’ll be banking on the fact that you need help paying for bills, so they can push you to accept a lower offer than you deserve.  

That’s a big problem if you’ve suffered a catastrophic injury. You need the maximum compensation possible so that you can receive ongoing medical care while supporting yourself. With a lawyer helping you, you have a much better chance of getting a fair settlement.  

Of course, you also have the opportunity to take the claim to court if you have a lawyer representing you. You never want to go to court without an attorney.  

With a lawyer, you also receive support. You know you’re not alone through the process, which can make things a bit easier.  

Contact Experienced New York Lawyers for Help

If you’ve suffered a catastrophic injury in an accident that someone else’s negligent conduct caused, you have the right to file a claim and recover damages. To do so, however, your best course of action is to hire a lawyer.  

At Silberstein & Miklos, our catastrophic injury attorneys have decades of experience helping those who’ve suffered losses in accidents. We offer compassion and tenacity so that you can get the help you need to pay for medical bills and recover damages for your loss of earning potential.  

You deserve experienced help. Contact our team at Silberstein & Miklos to schedule a free consultation.