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.
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.