New York City Catastrophic Injury Lawyers
A catastrophic injury is a severe physical trauma that permanently limits a person’s ability to work, function and care for themselves. Silver & Kelmachter, LLP, is a New York City personal injury law firm with more than 40 years of trial experience representing victims of life-altering injuries across the five boroughs. With this kind of injury, you are facing a future that looks nothing like what you planned. You need a team prepared to pursue everything your case demands.
What Is A Catastrophic Injury?
A catastrophic injury is any injury severe enough to cause permanent or long-term disability that significantly disrupts the victim’s ability to work, perform daily activities or live independently. Courts and medical professionals recognize these injuries as those that require ongoing medical care, long-term rehabilitation and specialized support. They differ from standard personal injury claims not just in severity but in overall impact.
A less-severe injury typically involves a defined recovery period followed by a return to normal functioning. A catastrophic injury creates lasting consequences that touch every part of the victim’s life. The medical costs are higher, the losses extend further and the legal path to full compensation is significantly more complex. These cases demand attorneys who understand the medical realities involved and the full financial scope of what the victim has lost and stands to lose.
Common Types Of Catastrophic Injuries
The injuries that qualify as catastrophic under New York law share one defining characteristic: they cause permanent or severe long-term harm. Some of the most common catastrophic injuries include:
- Traumatic brain injuries (TBI): Damage to the brain that affects cognition, memory, behavior or motor function
- Spinal cord injuries: Injuries that cause partial or complete paralysis
- Amputations: The loss of a limb that permanently alters mobility and independence
- Severe burns: Burns that cause lasting disfigurement and damage to nerves and tissue
- Organ damage: Internal injuries that result in permanent loss of organ function
Every injury on this list carries consequences that extend well beyond the initial trauma.
Building A Strategy And Filing A Catastrophic Injury Claim In NYC
Filing a catastrophic injury claim requires careful preparation, whether you are pursuing compensation on your own behalf or for an injured family member. Building a strong claim starts with gathering the right evidence. Common evidence in a catastrophic injury claim includes:
- Medical records and diagnostic reports
- Documentation of the accident or incident
- Witness statements
- Expert medical testimony
- Proof of lost income or earning capacity
- Photographs or video from the scene
Pursuing a catastrophic injury claim without legal representation puts you at a serious disadvantage. Our attorneys gather and organize the evidence that supports your case, handle all court filings and deadlines and negotiate directly with insurance companies and defense counsel. We build a strategy that reflects the full scope of your losses and pursue the compensation you may be entitled to.
How Long Do You Have To File A Catastrophic Injury Claim In New York?
New York law sets firm deadlines for filing personal injury claims. In most cases, you have three years from the date of the accident to file a catastrophic injury lawsuit. If the claim involves a government entity, you typically must file a notice of claim within 90 days of the incident. Missing the applicable deadline forfeits your right to pursue compensation. Contacting an attorney quickly protects that right.
What Forms Of Compensation May Be Available For A Catastrophic Injury In New York?
The compensation available in a catastrophic injury case reflects the full scope of what you have lost, not just your immediate medical costs. New York courts allow you to recover both economic and non-economic damages. Damages in a catastrophic injury case include:
- Past and future medical expenses
- Rehabilitation and long-term care costs
- Lost income and reduced earning capacity
- Pain and suffering
- Loss of quality of life
- Emotional distress
The value of your claim depends on the severity of your injuries, who is liable for the incident and the long-term impact your injury carries for your finances and daily life.
Speak To A New York City Catastrophic Injury Attorney Today
Silver & Kelmachter, LLP, includes founding partner Leslie Kelmachter, who served as president of the New York State Trial Lawyers Association (NYSTLA) in 2011 and 2012. We are prepared to pursue the recovery your case may support. Call our office at 212-661-8400 or reach out to us online to speak with our team today.