New York Catastrophic Injury Attorney
A serious injury can change your life in an instant. Things that were once normal become more difficult and things you took for granted now have greater significance. Every day, residents throughout New York suffer catastrophic injuries while they are out simply living their lives. If you or a loved one has suffered a catastrophic injury because of someone else’s negligence, you may be entitled to financial compensation.
To learn more about your legal rights following an accident, call Jacoby & Meyers, LLP, at (877) 565-2993 or contact us online for a free consultation.
Jacoby & Meyers, LLP: Helping Our Clients Get What They Deserve
At Jacoby and Jacoby & Meyers, LLP, our goal is to help our clients achieve the best possible outcome in their case. We know money won’t take away an accident victim’s pain but is a vital component to getting the care they require and needing to focus on their recovery. With every action we take, we prioritize our clients’ needs.
Although our following case results do not guarantee an outcome in any future case, they are representative of some of the results we have achieved on behalf of our clients.
- Our client recovered a $5.2 million award after a motor vehicle accident.
- New York woman obtained more than $37 million after a pedestrian accident.
- Family awarded $1.2 million after a surgical mistake during their infant’s circumcision.
- New York family awarded $1.8 million in a wrongful death case.
Every case is different and there is no way to predict exactly how much a case is worth. However, an experienced New York catastrophic injury attorney can review the facts of your case and help you understand what an insurance company or jury may consider during your case.
Types of Catastrophic Injuries
Every person responds to injuries differently. Everybody has its own unique physical and emotional response to pain and trauma. And the word “catastrophic” has a slightly different meaning to each person. In the legal context, a catastrophic injury has a life-changing, and often permanent, effect on the victim’s life. Determining whether an injury is catastrophic must be done on a case-to-case basis. The circumstances surrounding the injury, the victim’s lifestyle, and the actual injury all make a difference. Types of catastrophic injuries typically include:
The human brain is the command center of the central nervous system. It allows us to process, think, and communicate. Even the body’s most basic functions rely on the brain. Unfortunately, brain injuries are exceedingly common. According to the New York Department of Health, approximately 400 new traumatic brain injuries happen in the state every day. Countless additional residents suffer from non-traumatic brain injuries.
Traumatic brain injuries and non-traumatic brain injuries (or acquired brain injuries) often present with many of the same symptoms. The primary difference between the two types of injuries is the source of injury. Traumatic brain injuries happen as the result of an external force such as a blow to the head or a penetrating head wound. Non-traumatic brain injuries result from an internal factor such as an infection, stroke, or lack of oxygen. Symptoms of a brain injury may include headaches, confusion, difficulty concentrating, memory loss, or mood changes.
Spinal Cord Injuries
Spinal cord injuries are the second leading cause of paralysis in the United States. While the brain creates messages to tell the rest of the body what to do, the spinal cord sends these messages to the body.
Spinal cord injuries occur when an injury prevents the spinal cord from relaying messages. Unlike other parts of the body, the spinal cord can’t create new cells to heal itself. Because of this, a spinal cord injury typically results in permanent paralysis.
Burns happen every day. Minor burns can occur when you touch a stove or stay out in the sun too long. Victims who suffer first-degree burns and even second-degree burns can typically expect a full recovery. For persons who sustain third-degree burns or worse, the long-term effects are more serious. These burns can cause extreme pain, loss of sensation and mobility, and permanent scarring. Additionally, third-degree and more severe burns carry a high risk of secondary infection.
Loss of Limb
So much of what we do every day involves the use of our arms, hands, and legs. In addition to the mobility issues that result from loss of limb or amputations, victims who lose a limb are at a high risk of experiencing psychological issues such as anxiety and depression.
Persons who lose a limb may also experience phantom pain where the limb once was or increased strain on the remaining limb.
Severe Mental Health Injuries
When it comes to catastrophic injuries, many people disregard the seriousness of mental health. A traumatic accident can cause chronic psychological issues that can interfere with a person’s ability to maintain relationships or hold a job. Psychological distress can happen after any traumatic event and is extremely common after accidents or injuries where the person felt their life was at risk.
Common Causes of Catastrophic Injuries
Unintentional injuries account for over 29 million emergency room visits every year. Accidents happen. But some accidents are more severe than others. Common causes of catastrophic injuries include:
Motor Vehicle Accidents
The New York Department of Health reports that, on average, the state sees 292 motor vehicle fatalities every year. Additionally, there are an average of 6,207 hospitalizations and over 100,000 emergency room visits each year because of motor vehicle accidents. Even minor accidents can cause serious injuries. However, catastrophic injuries typically happen in the most severe motor vehicle accidents.
These accidents may include high speeds, risky behavior, or a collision between a motorcycle or passenger vehicle and a much larger vehicle. Pedestrians are also at very high risk for catastrophic injuries. Common catastrophic injuries after a motor vehicle accident include spinal cord injuries, traumatic brain injuries, and emotional distress.
Falls are the number one cause of traumatic brain injuries and one of the top causes of spinal cord injuries. In addition, people who fall from a height are at a high risk for internal injuries, crush injuries, and death. If you experience any type of fall, it’s important to seek emergency medical attention right away. Symptoms of severe injuries are not always apparent at first and prompt medical care can help reduce the severity of an injury. Falls from heights while on the job could result in additional damages under New York’s scaffold law, which our catastrophic injury lawyers know when and how to apply.
When you go to work, you should have every expectation that your employer will maintain a safe workplace. Sadly, millions of workplace accidents happen every year. Thankfully, the majority of incidents result in non-catastrophic injuries. That said, catastrophic injuries do happen. Physically demanding jobs such as manufacturing and construction put workers at a higher risk for serious injuries because of the environment and requirements of the job. In addition to fall injuries, workers may experience crush injuries, burns, disfigurement, and chemical exposure.
According to a recent report, approximately 1 in 10 patients suffer some form of injury during their medical care. Of these injuries, half are the result of a preventable error. Twelve percent of these preventable errors lead to permanent disability or death.
Medical mistakes can happen when a doctor makes an error during a procedure, makes the wrong diagnosis, or does not provide appropriate follow-up care. While some complications are normal, if you suspect your doctor or care provider was negligent in any way, you should talk to an experienced medical malpractice attorney.
When the weather gets warm, kids and adults love to flock to pools. But pools can be dangerous. Even experienced swimmers can become hurt, tired, or caught on something in a pool. What’s scarier, according to the American Red Cross, 69 percent of young children found drowned or submerged in a pool were not expected to be in the pool.
It takes just minutes without oxygen for the brain to suffer permanent damage. The majority of all drowning cases are preventable. If your child suffers a catastrophic injury at a pool because the business or homeowner does not have proper safety protocols in place, they may be liable for damages.
Your Legal Rights After a Catastrophic Injury in New York
Catastrophic injuries often require lifelong care and can interfere with a person’s ability to go to work, take care of themselves, and maintain relationships. When injuries are the result of someone else’s negligence, the law allows the victim or their family to seek damages from the at-fault party.
Damages vary from case to case, but may include:
- Medical bills: These can include but are not limited to doctor’s visits, surgeries, medications, medical devices, in-home care, and rehabilitative services.
- Lost wages: Serious injuries can interfere with the victim’s ability to return to work or maintain a job. When this happens, the victim’s attorney will likely argue for past and future lost wages.
- Pain and suffering: Catastrophic injuries can cause severe physical and emotional pain. Money won’t take away that pain, but it can allow the victim to focus on their recovery and alternative treatments that may help.
- Loss of companionship: Injuries can interfere with personal, physical, and emotional relationships. This loss can cause significant distress to the victim and their loved ones. In such a case, the insurance company or jury may provide compensation for the negative effects the injury has on the victim’s close relationships.
- Wrongful death: Unfortunately, catastrophic injuries can result in the death of a loved one. The death may be an immediate result of the injury or may appear months or years down the line due to complications. When a loved one dies because of someone else’s negligence, the victim’s family can seek damages through a wrongful death claim.
New York’s Statute of Limitations
While the law allows you to seek damages from the at-fault party, you only have a limited amount of time to do so. That’s why it’s so important to talk to an experienced New York catastrophic injury attorney right away. The statute of limitations varies depending on how you sustained your injuries. In most cases, the clock starts ticking the day of your accident.
New York’s statute of limitations for the most common types of New York catastrophic injury cases are as follows:
- Medical malpractice: 2 years, 6 months
- Product liability: 3 years
- Wrongful death: 2 years
- Most other types of catastrophic injuries: 3 years
In some cases, the court may allow an extension or an exception to the statute of limitations. However, this is rare and is generally at the court’s discretion.
Examples of when the court may consider your case after the statute of limitations has expired include:
- The victim is a minor.
- You can’t locate the defendant.
Additionally, for medical malpractice cases, the statute of limitations generally begins when you discover the medical mistake. If you are uncertain if you can still file a New York catastrophic injury claim, contact our experienced legal team for a free consultation.
Stand up for Your Rights. Contact Jacoby & Meyers, LLP’s Catastrophic Injury Lawyers Today.
Catastrophic injuries are not something to take lightly. Immediately following an injury, it can be difficult to understand the full extent of your injuries and just how much they will affect your day-to-day life. At Jacoby & Meyers, LLP, our job is to help our clients understand their rights and guide them through the New York catastrophic injury process.
You don’t need to spend time worrying about money or how you are going to pay your bills. You should be focusing on your recovery instead. If you hire us, we may negotiate a payment arrangement with your care providers. We take every client’s care seriously and work hard to make sure their needs are met. Don’t wait to get the care you deserve. We have offices located throughout New York to best serve your needs. To learn more or for help with your New York catastrophic injury case, contact us at (877) 565-2993, open a live chat, or write to us for a free consultation.
“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
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