Queens Catastrophic Injury Lawyer
Having to endure the pain, recovery time, and lost wages that can result from any injury is difficult. Thankfully, most injuries are temporary and the plaintiffs in these cases can get their lives back to normal.
But when these injuries have a permanent effect on a person’s life, namely their ability to return to work, these injuries are considered to be catastrophic. A catastrophic injury can be the result of an accident, a crime, or a company’s negligence.
A Queens catastrophic injury lawyer understands the strain that these injuries can place on not just the victim, but also their family. An experienced injury attorney fights alongside injured individuals to obtain the fair compensation that they deserve for these permanent injuries.
What Is a Catastrophic Injury?
A catastrophic injury is any injury or illness that permanently ends a person’s ability to participate in any gainful work. It does not matter how the injury happened. The only factor in determining if the injury is catastrophic is the injury’s effect on a person’s employability. Examples of these injuries include:
- Spinal cord injuries that can lead to paralysis
- Brain injuries that result in reduced motor function or consciousness
- Severe burns
- Injuries that result in blindness
- Organ damage or failure
- Loss of a limb
- Severe joint injuries that limit the use of the body part
It is easy to see how these injuries will have a long-term impact on not just a person’s ability to work, but also their quality of life. Accordingly, personal injury cases that allege catastrophic injury need to account for not just immediate medical costs but also the loss of income for the rest of the plaintiff’s life.
While many states have imposed a cap on the total amount of non-economic damages that a plaintiff may claim, New York has declined to do so. Therefore, plaintiffs in these cases can claim damages that are a true representation of the lost wages, cost of medical treatment in the future, emotional distress, and disfigurement resulting from the injury. Talk to a catastrophic injury attorney in Queens for more information.
How Does Someone Determine Negligence in a Catastrophic Injury Claim?
Most catastrophic injuries occur as the result of accidents. Severe car crashes, slips and falls, and industrial accidents are all events that can lead to a person’s inability to work. In these cases, the plaintiff’s catastrophic injury case and the argument of their Queens lawyer will revolve around the legal concept of negligence.
Essentially, plaintiffs must show that the defendant in the case had a legal duty to protect the plaintiff. When the defendant failed in that duty, the plaintiff was injured. The overall framework in catastrophic injury cases is similar to any other case alleging personal injury, with the exception that the damages suffered by the plaintiff will be much more detailed and reach into the future.
Other Causes of Catastrophic Injuries
On top of the aforementioned examples, catastrophic injuries can also result from a medical malpractice claim. These claims allege that a patient of a medical provider received sub-standard care that led to the catastrophic injury. This can be from an improperly performed procedure, a misdiagnosis, or a failure to diagnose. Medical malpractice claims are more complicated than typical personal injury claims, but there is still no damages cap as in all other cases.
Lastly, a catastrophic injury can be the result of an intentional act. People who were the targets of crimes such as attempted murder, sexual assault, or assault and battery are often severely injured. While the State of New York is solely responsible for the criminal prosecution of the defendants in these cases, the victims of the crimes also have the right to pursue a civil claim against the perpetrators.
Contact a Queens Catastrophic Injury Attorney
Suffering a catastrophic injury has a permanent effect on a person’s life. Not only may a person be unable to provide for the financial future of themselves or their family, the loss of bodily function and mental capacity can be overwhelming.
A Queens catastrophic injury lawyer understands the effect that these injuries have on people and handles their claims with compassion and a thorough attention to detail. Whether the injuries were suffered as the result of an accident, a crime, or a doctor’s malpractice, contact an experienced attorney today. There is a limited time to file a case, so time is of the essence.