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Loscalzo & Loscalzo, P.C. Catastrophic Injury

Manhattan Catastrophic Injury Lawyers

Seeking Compensation for Different Types of Catastrophic Injuries

Catastrophic injuries can be debilitating and life-altering. What is the Victims who suffer from an accident that results in a severe injury often experience life-threatening side effects, hospitalization, ongoing medical treatment, extensive surgery, rehabilitation, and a long road to recovery. These injuries are costly for victims, inflicting financial, emotional, and physical burdens on them. Individuals who suffer an accident often experience physical pain and a decreased quality of life.

Injured in a serious accident due to negligence? Seek justice and financial compensation for your injuries. Call Loscalzo & Loscalzo, P.C. today at (646) 846-4776!

They may lose their livelihood and financial independence, as well as their ability to live independently. Enjoying even simple pleasures can become a struggle for victims of a catastrophic injury. If you are currently suffering, seek help from experienced and dedicated catastrophic injury attorneys in Manhattan. You should not be forced to suffer more than you already have, and you should receive appropriate compensation for your injuries.

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What Is Considered Catastrophic Injury?

A catastrophic injury is legally defined per 42 USCS § 3796b as an injury that that occurs as a "direct and proximate consequences of which permanently prevent an individual from performing any gainful work." In other words, if your injury due to negligence is permanent and life altering, you may be eligible to file a catastrophic injury claim.

Examples of catastrophic injuries sustained from negligence may include:

  • Severe burns
  • Chronic pain
  • Loss of sensation, including blindness or deafness
  • Spinal cord injuries and paralysis
  • Brain injuries
  • Birth injuries
  • Nerve damage and neurological disorders
  • Amputation
  • Head injuries

What Expenses Can a Catastrophic Injury Settlement Cover?

Following a catastrophic injury, your lawyer will attempt to get you compensation to help restore you to the quality of life you had prior to your accident. If it is impossible to truly restore your former quality of life, they will seek to recover compensation to help you obtain the best quality of life possible. They will factor in compensation for:

  • Physical therapy and ongoing medical treatment
  • Adaptive equipment including wheelchairs, ramps, communication devices, adaptive vehicles, etc.
  • Ongoing care or a live-in caregiver if necessary
  • Pain and suffering, loss of quality of life, loss of consortium (or intimacy with your partner), loss of enjoyment of life

Your life matters, and so does the quality of your life. Our Manhattan lawyers will not rest until we obtain the best possible settlement for you following your accident.

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Our Manhattan Catastrophic Injury Legal Services

  • Thorough Investigation: We conduct comprehensive investigations into the circumstances of the catastrophic injury, gathering crucial evidence to build a strong case. This includes obtaining witness statements, reviewing medical records, and collaborating with experts.
  • Liability Determination: Establishing liability is a critical aspect of catastrophic injury cases. Our attorneys diligently work to determine fault, whether it involves negligent parties, defective products, or hazardous conditions.
  • Medical Advocacy: Collaborating with medical professionals, we assess the extent of injuries and their long-term implications. This ensures that the full impact of the catastrophic injury is considered when seeking compensation.
  • Negotiation and Litigation: Our skilled negotiators strive to secure fair settlements with insurance companies. If a satisfactory resolution cannot be reached, we are prepared to litigate aggressively on behalf of our clients in pursuit of their rights.
  • Comprehensive Legal Support: Beyond the courtroom, Loscalzo & Loscalzo, P.C. provides comprehensive legal support. We assist clients in navigating insurance claims, managing medical bills, and addressing the various challenges that arise after a catastrophic injury.
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New York Catastrophic Injury FAQ

What qualifies as a catastrophic injury in New York?

Catastrophic injuries are severe, often resulting in long-term or permanent disability. Examples include traumatic brain injuries, spinal cord injuries, amputations, severe burns, and injuries causing significant impairment to one's daily life.

How do I prove liability in a catastrophic injury case?

Proving liability involves demonstrating that someone else's negligence or intentional actions caused the catastrophic injury. Evidence may include witness statements, expert testimony, medical records, and documentation of the accident scene.

What damages can be recovered in a catastrophic injury case?

Damages may include medical expenses, rehabilitation costs, lost wages, future earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. The specific damages depend on the circumstances of the case.

Is there a time limit for filing a catastrophic injury lawsuit in New York?

Yes, New York has a statute of limitations for personal injury cases, including catastrophic injuries. Generally, you have three years from the date of the injury to file a lawsuit. It's crucial to consult with an attorney promptly to meet deadlines.

Can I file a catastrophic injury claim if the accident was partly my fault?

New York follows a comparative negligence system, allowing you to pursue a claim even if you share some blame. However, your compensation may be reduced based on your percentage of fault.

How do I afford medical treatment for a catastrophic injury?

Your attorney may help coordinate with medical providers to defer billing until the case is resolved. Additionally, a successful lawsuit can seek compensation for past and future medical expenses.

What if the catastrophic injury occurred at my workplace?

If the injury is work-related, you may be eligible for workers' compensation benefits. In certain cases, you may also have the right to pursue a third-party personal injury lawsuit if someone other than your employer contributed to the injury.

How long does a catastrophic injury lawsuit take to resolve?

The timeline varies based on the complexity of the case, negotiations, and potential court proceedings. Catastrophic injury cases often take longer due to the thorough investigation required.

What role does insurance play in catastrophic injury cases?

Insurance coverage, whether from the at-fault party or your own policy, often plays a significant role in providing compensation for catastrophic injuries. Your attorney will negotiate with insurers to secure fair compensation.
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