NYC Catastrophic Injury Lawyers
Santana Law Firm is an award-winning New York City personal injury law firm that represents people whose lives have been altered by a serious or catastrophic injury. After an accident, the process of filing a claim, gathering evidence, and dealing with insurance companies is complex and emotionally draining.
When you are recovering from a serious injury or processing a loss or significant change in a loved one, you likely don’t have the time or mental space to pursue compensation for medical expenses, as much as you might need the financial help. This is when assistance from a skilled catastrophic injury attorney can help.
The experienced team at Santana Law Firm is dedicated to helping you get the compensation you deserve. We will guide you every step of the way to ensure that you receive the maximum damages possible to pay for medical costs, lost wages, and emotional pain. Jaime Santana and his team of lawyers will shoulder the burden of your legal claim, so you have time to heal.
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What is a Catastrophic Injury?
Although definitions vary, it’s generally accepted that a serious or catastrophic injury is any harm that permanently alters the victim’s life. The injury may affect your appearance, mental capacity, mobility, ability to earn income, and quality of life, as well as the quality of life of your loved ones.
Some of the most common serious injuries include:
- Birth and labor injuries
- Chronic pain
- Facial trauma
- Loss of hearing, vision, or another sense
- Multiple broken bones
- Neck and spinal cord injuries
- Nerve damage
- Third degree burns
- Traumatic brain injuries (TBI)
- Wrongful death
Serious injuries may or may not result in permanent disability, but recovery time is typically long and often requires extended hospitalization, rehab, and treatment. According to New York Insurance Law § 5102, a catastrophic injury “prevents the injured person from performing…customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment."
Any number of accidents can cause a serious injury. Frequently, serious injuries occur after:
Determining if You Have a Serious Injury Case
If you were injured because of someone else’s carelessness, it is very possible that you have a viable personal injury lawsuit on your hands. Personal injury cases are one of the most common civil lawsuits, especially when injuries are severe.
In order to sue someone for your injuries, there are two major criteria you must be able to prove:
1The negligent party owed you a “duty of care” that they breached. For example, a car seat manufacturing company has a duty to ensure that its car seats perform as intended in the event of a crash. If the car seat failed during an accident, the company breached its duty.
2You or a loved one suffered injury specifically because of the defendant’s negligence. For example, if the car seat failed in an accident, but no one was harmed because of it, there is no case. However, if a child was injured in an accident because of a defective car seat, the child’s family may be able to recover damages from the car seat manufacturer.
In simpler terms, you must be able to prove that the defendant’s actions (or inaction) caused your injuries.
Although the cause and effect of your injuries may seem obvious to you, insurance companies and negligent parties may try to obscure the facts to avoid paying damages. The best thing you can do to solidify your chances of recovering compensation is to work with a skilled lawyer who will advocate for you and take on defendants aggressively.
New York is a Comparative Negligence State
Not all serious injury cases are black and white. There may be multiple negligent parties who share responsibility for causing harm. In some cases, the injured party is partially at fault for the accident or the extent of their injuries.
When this happens, the court will apportion the percentage of fault to each party involved. For example, a court may determine that a pedestrian who was using their phone while crossing the street is 20% at fault for their car crash injuries. Since the pedestrian is not 100% at fault, they can still sue the driver who was 80% responsible.
When multiple parties share responsibility, compensation will be adjusted to reflect the percentage of fault. If the court determines that the pedestrian in the above example is entitled to $500,000 in damages, that amount will be reduced by 20% to reflect the pedestrian’s 20% share of responsibility.
Whether or not you played a role in causing the accident, it’s important to know that personal injury defendants frequently try to defend themselves by claiming that the plaintiff’s conduct caused or contributed to their injuries. A NYC lawyer who has experience handling catastrophic injury cases will be prepared to fight this argument. They will know what evidence and expert testimony to put forth to prove that you are not wholly at fault and are entitled to compensation.
Serious Injury Victims May Be Entitled to Significant Compensation
If you or a loved one was seriously harmed in an accident, you may be able to recover damages to compensate you for expenses related to the injuries (such as medical bills) and for the pain and suffering you have experienced. The amount you can recover will vary depending on the severity of the harm, the expense of medical treatment, and the impact on your quality of life, among other factors.
You may receive damages for:
1Emotional pain and suffering
3Loss of companionship
4Loss of quality of life
5Lost income and earning capacity
6Past and future medical care
8Rehabilitation and physical therapy
Damages that can be tied to specific financial markers (e.g., lost income) will be determined based on receipts and financial estimations. Non-economic damages (e.g., pain and suffering) are more subjective and can be influenced by evidence, expert testimony, and the persuasiveness of your lawyer. New York State does not cap the amount of non-economic damages you can recover.
In especially egregious cases, the defendant may be ordered to pay punitive damages to punish them for their actions and deter them from engaging in the negligent behavior again.
Santana Law Firm
will take on insurance companies and personal injury defendants aggressively, letting you focus on healing after an unexpected injury.
NYC Lawyers Fighting for Catastrophic Injury Victims
To get compensation after a serious injury, you will likely need to go up against large, powerful insurance companies. These companies have extensive resources and teams of lawyers whose only goal is to defeat your claim and avoid paying out any money. Attempting to take on insurers alone will not only take your attention away from healing, but it will almost certainly prevent you from getting all the financial compensation you are entitled to.
After a catastrophic injury, you deserve to have someone in your corner. The compassionate lawyers at Santana Law Firm devote 100% of their practice to helping clients find closure and return to a new normal when they are at their most vulnerable. When you enlist our help, we will guide your case from your original claim to settlement; find evidence and secure testimony from our network of leading personal injury experts; shield you from attempts by insurance companies and defendants to place the blame on you; and, above all, negotiate the maximum compensation possible.
If you or a loved one suffered a serious injury in New York City, contact our office today for a free, confidential consultation. Our lawyers will begin working immediately for you.