Not all accidents are created equal–while standard accident claims cover injuries that victims make a full recovery from, catastrophic injury claims involve injuries that change the victim’s life forever, which means they can be challenging to successfully navigate.
Although there are similarities between these types of claims, knowing the differences can help you maximize the compensation you recover after a catastrophic injury.
If you or a loved one has suffered this type of injury, working with a catastrophic injury attorney serving New York can be a useful first step. Read on to learn more, or contact Buttafuoco & Associates for a free consultation on your case at 1-800-NOW-HURT.
What is a Catastrophic Injury?
“Catastrophic injury” is not formally defined under New York law, but it is a phrase commonly used by attorneys, doctors, and in other contexts. In essence, in contrast to a standard injury, where the victim heals in time and returns to their pre-accident health, catastrophic injuries are those that permanently alter the victim’s life.
These may include:
- Traumatic brain injuries
- Spinal cord damage
- Paralysis
- Amputations
- Neurological damage
- Permanent disfigurement
This list does not cover the full range of possible catastrophic injuries, which can include any injury that prevents victims from returning to the level of health they experienced before the accident.
Assigning Value to Standard Claims vs Catastrophic Claims
Standard injury cases typically involve a set of treatments delivered over a limited time period. This makes assessing compensation for the victim very straightforward: it simply involves totaling medical bills, lost wages, and other accident-related expenses to arrive at damages.
A catastrophic claim, on the other hand, is much more challenging to assign value to–and if you undervalue your claim, you may not regain the compensation you need to make a full recovery. Because treatment for a life-altering injury may last for the rest of the victim’s life, it is essential for victims to work with a knowledgeable New York catastrophic injury attorney who has experience calculating the many future expenses they may face.
These could include everything from ongoing surgeries, treatments, or physical therapy to modifications to your home or vehicle. If a victim’s catastrophic injuries prevent them from returning to work, then a lifetime of lost wages must also be calculated. Caretaker expenses, childcare, and other assistance is also part of the equation.
Pain and Suffering
Pain and suffering typically accompany catastrophic injury claims, and include not only physical pain, but emotional pain as well. After this type of accident, victims often struggle with mental health issues, lose their enjoyment in life, or discover that their relationships with spouses have been permanently altered. Under New York law, accidents that result in serious injuries are eligible for non-monetary damages.
However, insurance companies and defense attorneys will fight tooth and nail to prevent paying for these types of damages. Working with an experienced attorney is key.
Is a Catastrophic Injury the Same as a Serious Injury in New York?
Under New York law, a serious injury is defined in very specific terms. While not all serious injuries can be considered catastrophic, an injury that is labeled catastrophic will almost always qualify as serious under New York law. Insurance Law § 5102(d) defines the serious injury threshold as:
- Permanent loss of use of a body organ, member, function, or system
- Permanent limitation of a body organ or member
- Significant limitation of use of a body function or system
- Significant disfigurement
Because New York is a no-fault state, in the case of an auto accident, victims may only file a lawsuit against the responsible party if they suffer a serious injury, or if their PIP insurance runs out. While no-fault benefits for standard accident claims cover medical bills and lost wages, they do not cover pain and suffering except in the case of a serious injury.
Challenges to Serious or Catastrophic Injury Claims
When a serious or catastrophic injury claim arises, insurance companies and defense lawyers will typically attempt to challenge the claim. If there is any way for them to suggest that a victim’s injuries are not permanent or severe, or that the injuries were pre-existing and caused by a previous accident, they will.
Serious and catastrophic injuries require significant medical documentation to prove that they are eligible for compensation. Life-changing catastrophic injuries often come with significantly higher compensation due to their permanent nature, so unfortunately for victims, the more serious the injury, the more likely it is to be challenged. Working with a catastrophic injury attorney in New York is often key to a victim’s ability to recover from their injuries. A good lawyer will have access to expert medical witnesses, experience calculating challenging unforeseen compensation, and the ability to gather evidence quickly to get your case underway.
Do I Need a Catastrophic Accident Attorney?
If you or a loved one has suffered catastrophic or serious injuries after an accident, touching base with a catastrophic accident lawyer serving New York can help you understand your rights and whether you have a case. At Buttafuoco & Associates, we fight for victims’ rights when their lives have been changed by another’s reckless negligence.
To find out whether or not you have a case and to learn next steps to take, call 1-800-NOW-HURT for a free consultation.
