Bronx Catastrophic Injury Lawyers
You may not know where to turn after a catastrophic injury. The pain, the recovery, and the hospital bills can be overwhelming. You may also be coping with the reality that your life, or the life of your loved one, may never be the same. Bronx catastrophic injury victims are not alone. The law creates a method of recourse that can address the harm suffered from an accident. An experienced Bronx catastrophic injury lawyer from the Law Office of Ivan M Diamond could inform the injured of their rights, and help achieve the relief that they and their family deserve.
Catastrophic Injuries: What You Should Know
There is no specific or universally accepted definition of a catastrophic injury. But, an injury that renders the victim unable to obtain meaningful employment, or enjoy life to the extent that they once had, may be considered to be catastrophic. In simpler terms, what separates catastrophic injuries from other injuries is the permanence of the effects.
Some catastrophic injuries include:
- Spinal cord injuries
- The total loss of vision in both eyes
- Traumatic brain injuries
Additionally, severe burns, amputations, internal organ damage, and soft tissue damage may constitute catastrophic injuries.
The National Spinal Cord Injury Statistical Center places the number of spinal cord injuries at nearly 17,700 a year. According to the Centers for Disease Control and Prevention (CDC), nearly 288,000 people were hospitalized with a traumatic brain injury in a recent year. The most common causes of catastrophic injuries are motor-vehicle accidents and falls.
In addition to pain and suffering, these injuries often leave victims and their families with a lifetime of medical expenses. According to the National Center for Biotechnical Information, spinal cord injury victims spend hundreds of thousands of dollars a year on treatment and care.
Catastrophic injuries do not discriminate. Victims range widely in age and background.
Can You Recover Compensation?
Nobody can tell you for sure if an injured person qualifies for compensation at all, let alone predicting the quantity of likely compensation—that depends on many factors. However, successful catastrophic injury cases generally involve someone else’s negligence. If that is the case, the victim must successfully demonstrate that their injuries were the result of that negligence.
To prove negligence, the plaintiff must first demonstrate that the defendant owed them a duty of care. Then, they must show that the defendant violated that duty, and the plaintiff’s injury was a result of that violation. For example, if you were hit by a car while crossing the street because a distracted driver ran a red light, you may argue that your injuries were the result of the driver’s negligent acts.
Damages: Relief for Victims and Their Families
A successful catastrophic injury lawsuit typically results in an award of monetary damages paid out to the injured party or their family.
Damages have a very specific purpose: to return the plaintiff to the state he or she was in before the accident. Using the phrasing of the courts, damages try to make the victim whole.
In catastrophic injury lawsuits, damages can vary widely. It is nearly impossible to predict the damages in a successful claim. However, courts generally consider a few different factors when determining the damages a victim should recover.
Two commonly considered factors are the amount of pain and suffering endured, and the resulting hospital bills. A couple of the factors that make a catastrophic injury unique are the severity and permanence of the injuries. For instance, if the plaintiff cannot work again, he or she may need financial assistance for the rest of his or her life. The identity of the defendant may also be a consideration. A large corporation has more financial security than a sole individual would.
Additionally, the severity of the defendant’s wrongdoing is also a factor. Generally, the worse the court perceives the malfeasance, the more the court will award to the plaintiff for damages. Serious and reckless behavior will typically result in a greater sum than behavior that amounted to a momentary lapse in judgment.
In unusual circumstances, the court may go beyond what would make the plaintiff whole and award what is known as punitive damages. These damages punish the defendant. The judge often imposes punitive damages to send a message to both the defendant and to society that the sort of conduct demonstrated by the defendant is unacceptable. These damages are awarded only in unique circumstances involving especially heinous conduct.
The law can seem vague and difficult to follow. The court system can feel overwhelming. An experienced catastrophic injury lawyer could give you a better understanding of your rights and options going forward. This freedom of choice can be invaluable during a time of suffering. Once you decide, your Bronx catastrophic injury attorney can begin crafting a legal strategy to achieve your desired goals.
The Law Office of Ivan M. Diamond understands that not all catastrophic injuries are the same, and that clients have different objectives. Mr. Diamond is committed to respecting client autonomy throughout the process while maintaining a candid and honest relationship with the injured and their family. He knows that this can be a difficult time. Grieving and trying to process recent events while dealing with the aftermath of the accident can be unbearable. Mr. Diamond’s office, located in the Bronx, NY, has provided clients with a source of comfort and stability in an otherwise chaotic time.
Victims must understand that the law limits their time to file a claim. New York State places a three-year statute of limitations on personal injury claims from the moment the injury occurred. Any victim that fails to file their claim within three years loses their right to compensation. As a result, it is better to meet with a catastrophic injury lawyer sooner rather than later to discuss the details of your case.
Bronx Catastrophic Injury FAQs
Among personal injury cases, some are catastrophic, involving more serious, life-altering injuries that take longer to heal or may never heal at all. Recovering compensation from responsible parties in a catastrophic injury case in the Bronx is often critical to handling the expenses to come.
A catastrophic injury case can be a complex and long battle, but one that the local Law Offices of Ivan M. Diamond are ready to take on. If you or a loved one have suffered from a catastrophic injury, contact the firm today for a free consultation. In the meantime. here are the answers to several questions you may have about catastrophic injury cases in the Bronx.
What does catastrophic injury mean?
A catastrophic injury is an extreme injury that often happens suddenly and leaves a victim with life-long disabilities or conditions. Catastrophic injuries often afflict the brain, spine, or spinal cord. Other catastrophic injury examples include the loss of a limb, ruptured kidneys or spleen, and skull or spinal fractures.
Catastrophic injuries alter a victim’s entire life, and make it more difficult to perform any gainful work. In other words, those in the Bronx who experience injuries that leave them permanent disabilities that have long-term effects have suffered a catastrophic injury.
Victims and their loved ones often face additional stresses with victims needing constant assistance and having extended periods of rehabilitation. Caring for basic daily needs can be a struggle. Victims deal with the burden of various lifelong costs. Costs include emergency medical bills, counseling, medication, and much more.
Catastrophic injuries in the Bronx proceed from construction accidents, vehicle accidents, and falls, to name just a few of the more common scenarios in the Bronx.
What are the most common Bronx catastrophic injuries?
As amazing as the human body is, it has many weak points, and people may experience catastrophic injuries in many forms.
However, catastrophic injuries generally fall under one of four categories:
- Severe burns. For a burn to be considered catastrophic, it needs to be either a third- or fourth-degree burn. The injury generally covers a large area of the body. The epidermis and dermis skin layers, as well as the fat tissues beneath, sustain damage. The burn also may reach the bones and muscles.
- Spinal cord injuries. Catastrophic injuries to the spine often lead to complete or incomplete paralysis. Types of paralysis include monoplegia, hemiplegia, and tetraplegia.
- Traumatic brain injuries. Blunt force trauma to the head often leads to a brain injury, and it may induce swelling, bleeding, and inflammation in the brain. Short-term symptoms include dizziness and nausea. Brain injuries may also cause paralysis, like paraplegia.
- Traumatic orthopedic injuries. A traumatic orthopedic injury is any injury to the musculoskeletal system, often involving a fracture or dislocation requiring multiple surgeries. Some cases of traumatic orthopedic injury may lead to amputation of the limb.
What are the long-term effects of catastrophic injuries?
Recovering from a catastrophic injury is not as simple as something like a broken arm. Even with intensive treatment, victims of catastrophic injury normally suffer from a wide range of long-term effects, perhaps for the rest of their lives.
Some of these injuries include:
- Nerve damage
- Chronic pain
- Limited mobility
- Cognitive impairment
- Vision loss
- Changes in personality
The unfortunate long-term effects generally impact a person’s daily life and career. Besides lost wages from the recovery period, a person may need to quit their job. Effects like limited mobility make it harder to perform physical labor. In the Bronx, with the increasingly prohibitive cost-of-living, catastrophic injuries can present devastating consequences for those who cannot recover. The Law Offices of Ivan M. Diamond understands what a stressful and scary experience this can be, and is ready to assist catastrophic injury victims recover the compensation necessary to sustain their and their families’ lives going forward.
What makes a Bronx catastrophic injury claim different?
Like other personal injury cases, a catastrophic injury is often the result of someone else’s negligence. However, the compensation victims may recover in a catastrophic injury case is often significantly higher, and thus defendants are likely to fight harder to avoid liability. Catastrophic injury victims need to prove not only that a defendant is responsible for their injury, but that the defendant’s actions are responsible for the catastrophic extent of the injury.
For example, if a pedestrian suffers traumatic brain injury after getting hit by a car on Broadway, they would need to produce evidence showing the driver’s negligence led to the accident. But beyond that, the victim needs to show that the defendant is responsible for the traumatic brain injury. If the victim delayed getting treatment after the accident, the defendant might argue that they cannot be held liable for the traumatic brain injury, as it could have been avoided had the victim sought immediate medical attention
Catastrophic injury cases in the Bronx thus generally require a considerable amount of investigation. Cases include higher stakes as victims seek reimbursement for substantial losses while the case is pending and for enough compensation to handle future costs. Defendants are more likely to dispute the claim and take it to trial to avoid a significant payout. Thus, claims may take longer to resolve.
What is the process for filing a catastrophic injury claim in the Bronx?
Victims of catastrophic injuries in the Bronx, after seeking medical attention, should contact an experienced Bronx catastrophic injury attorney to go over their legal options. An attorney might advise first approaching an insurance company, or may instead recommend you immediately file a lawsuit in civil court.
Victims, with the assistance of family or close-ones, should maintain meticulous records from the outset. These records should include anything to evidence the accident—such as a police report—and medical records to evidence a victim’s injuries and expenses—such as an invoice for the intensive care unit. Victims should keep note of symptoms and how they affect their daily life and ability to work.
An attorney can help in gathering records and other evidence. Beyond those mentioned, an attorney can collect evidence such as testimony from expert witnesses to speak to the severity of your injuries.
Often, a defendant will settle instead of going to trial. A defendant covered by insurance will want to keep payment within the limits of any insurance policy they may have. But catastrophic injuries often cause damages that go beyond those limits. Still, a defendant will often pay less out-of-pocket by settling a case than going to trial. When catastrophic injury cases do not settle, it can be months or even over a year before a final trial.
Is there a deadline to file a catastrophic injury claim in the Bronx?
To file a catastrophic injury lawsuit in the Bronx, you must file within the statute of limitations. The New York statute of limitations gives Bronx catastrophic injury victims three years to file. If you miss the deadline, you may lose your chance to recover compensation.
Exceptions to the statute of limitations include having a legal disability status, being under 18 years of age at the time of an accident, or being of unsound mind at the time of the accident. Another exception may be if the defendant leaves the state at any point after the accident before you can file a lawsuit.
For further answers to your questions about catastrophic injury claims, contact The Law Offices of Ivan M. Diamond today.
Contact a Bronx Catastrophic Injury Lawyer Today
Are you looking for representation that prioritizes the needs of the client? Contact the Law Office of Ivan M. Diamond today or call us at (718) 588-2000 to set up a free, no-obligation consultation. Mr. Diamond will meet with you at your home, office, or even hospital room if need be.
The Law Offices of Ivan M. Diamond
888 Grand Concourse Suite #1L, 10451
“Mr. Ivan Diamond is the definition of professionalism hard work. He’s my first experience with a lawyer (I retained him to represent me in two separate instances) … and he made it a pleasant one! He’s VERY hands on, very attentive, asked the questions, consistently checked up on me and prepared me for any and every possibility. Extremely knowledgeable. I recommend Mr. Diamond to friends and family who we’re all happy with outcome of their personal injury case’s. I consider Mr. Diamond to be family, because that’s how hard he worked for me and expressed real compassion for my circumstances. Hiring Mr. Diamond is a decision you will never regret..” -Bia S.
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