Westbury Catastrophic Injury Lawyer
Some accidents can leave involved parties with severe and debilitating injuries. A catastrophic injury sustained in an accident may permanently eliminate someone’s ability to work and enjoy the activities they did before the incident.
If you have suffered severe trauma because of someone else’s reckless behavior, you may benefit from the insight and dedication of a local personal injury attorney. Seeking legal recovery could be a daunting task for anyone, especially for those recovering from a serious injury. A seasoned Westbury catastrophic injury lawyer could walk you through the steps toward compensation and a financially stable recovery.
No-Fault Insurance and the Serious Injury Threshold
One of the leading causes of catastrophic injuries is motor vehicle accidents. Auto insurance plays a big role when injured parties wish to seek recovery because New York law imposes a no-fault car insurance system. Under this policy, injured parties are unable to file an insurance claim with an at-fault driver’s coverage company. Instead, an injured person may only file a claim with their own insurance carrier to pursue compensation for their losses.
Those who suffer catastrophic injuries in an auto wreck may file a civil suit and seek damages which are not provided by their insurance as long as their economic losses exceed $50,000. New York Insurance Law § 5102(d) defines a serious injury as any of the following damages:
- Loss of a fetus
- Significant disfigurement
- Permanent loss or limitation of a bodily function, system, or organ
- Inability to perform daily activities for more than 90 days within 180 days of the injury
A claimant who loses a loved one in an accident may bring a civil claim on their behalf. Filing a wrongful death suit would allow a decedent’s family to pursue compensation for their loss of consortium. A skilled legal professional could review your case and determine whether your losses meet this important threshold for catastrophic injury claims in Westbury.
Pure Comparative Fault in Catastrophic Injury Cases
Every state uses a different standard to determine whether a plaintiff may recover compensation if they contributed to their losses. Westbury courts use pure comparative fault to assign fault for an accident. For instance, an injured claimant who is found to be totally liable for their own losses would be barred from receiving any compensation.
However, if a jury finds a plaintiff only partially responsible for their own injuries, they may still award monetary damages to them. The tribunal would reduce a claimant’s compensatory award in proportion to their assigned percentage of fault. A Westbury attorney could assess the cause of a plaintiff’s catastrophic injuries to determine if there is shared responsibility and how it may impact available compensation.
Let a Westbury Catastrophic Injury Attorney Help Today
After a devastating injury, you may be feeling overwhelmed and frustrated by the legal barriers you are be facing. You may have to make adjustments to your daily life while working to afford continuous medical treatments and assistive care. Fortunately, a compassionate Westbury catastrophic injury lawyer could review your case and handle litigation while you focus on recovery. To start exploring your legal options, schedule an initial case consultation today.