NYC Catastrophic Injury? Secure Maximum Compensation
If you or a loved one suffered a catastrophic injury in New York City, you may be entitled to compensation for medical care, lost earnings, and long-term support. Below, learn what qualifies as a catastrophic injury, how New York law affects your claim, what evidence can maximize recovery, and how counsel can protect your rights. Ready to talk? Request a free consultation.
What Is a Catastrophic Injury?
A catastrophic injury generally involves severe harm causing long-term or permanent impairment, disfigurement, or loss of bodily function. Examples include traumatic brain injuries, spinal cord injuries and paralysis, severe burns, amputations, organ damage, and injuries requiring extensive surgeries or lifetime care. While “catastrophic injury” is not a separate cause of action under New York law, the injury’s severity affects the scope of damages, medical proof, and litigation strategy.
Common Causes in NYC
- Motor vehicle crashes and collisions involving pedestrians and cyclists
- Construction and worksite incidents, including falls from height
- Premises hazards (unsafe buildings, stairways, sidewalks)
- Fires, explosions, and electrical incidents
- Defective products
- Medical negligence
Key New York Laws That Affect Your Claim
- Comparative negligence: New York follows pure comparative negligence, which can reduce your recovery by your percentage of fault but does not bar recovery even if you share responsibility (CPLR § 1411).
- No-fault and the serious injury threshold (auto cases): Motor vehicle cases often begin with no-fault benefits. To pursue pain-and-suffering damages against a negligent driver, you must meet the statutory “serious injury” threshold with qualified medical proof (Insurance Law § 5102(d); Insurance Law § 5104(a)).
- Labor Law protections (construction): Certain worksite accidents may trigger special protections that expand avenues for recovery, including the Scaffold Law and construction safety provisions (Labor Law § 240; Labor Law § 241).
- Municipal liability: Claims against the City or public authorities have strict notice and timing requirements. A Notice of Claim is typically due within 90 days, and additional filing deadlines apply (GML § 50-e; GML § 50-i).
- Medical malpractice: New York med-mal cases require compliance with specific rules, including a certificate of merit in most filings (CPLR § 3012-a).
Damages You Can Pursue
- Past and future medical expenses, hospitalization, surgeries, rehabilitation, medications, and assistive technology
- Lost wages, diminished earning capacity, and loss of employment benefits
- Pain and suffering, loss of enjoyment of life, disfigurement, and emotional distress
- Household services and documented life-care planning costs
- Home and vehicle modifications, mobility aids, and long-term attendant care
- In appropriate cases, wrongful death damages for eligible family members
Evidence That Maximizes Compensation
- Immediate medical evaluation and continuity of care documenting diagnoses, imaging, surgeries, and functional limitations
- Expert opinions (neurology, orthopedics, physiatry), life-care planners, vocational and economic experts to quantify lifetime needs and losses
- Incident proof: photos/video, witness statements, police and incident reports, site inspections, vehicle data, and preservation of defective products
- Employment and financial records showing wage loss and career impact
- A daily impact journal and testimony from family, caregivers, and treating providers
Practical Tips to Protect Your Case
- Preserve evidence fast: Send spoliation letters and save damaged items.
- Centralize records: Keep all bills, EOBs, and mileage logs in one folder.
- Follow care plans: Gaps in treatment can undermine claims.
- Limit statements: Decline recorded interviews until represented.
Dealing With Insurers and Defendants
Insurers move quickly to limit exposure. Avoid recorded statements before you have legal counsel, do not sign blanket authorizations, and be cautious with early settlement offers. Your attorney can coordinate benefits, preserve evidence, manage communications, and position the claim for full value through negotiation or trial.
Time Limits and Procedural Traps
Deadlines vary by case type and facts. Missing a deadline can forfeit your claim, so speak with an attorney promptly. Examples include:
- Personal injury claims are generally subject to a three-year statute of limitations (CPLR § 214(5)).
- Medical malpractice actions are generally subject to a two-and-a-half-year limitations period, with important exceptions (CPLR § 214-a).
- Wrongful death actions are generally subject to a two-year limitations period (EPTL § 5-4.1).
- Municipal claims often require a Notice of Claim within 90 days and have additional timing rules (GML § 50-e; GML § 50-i).
These are common rules; specific deadlines can differ based on the parties and circumstances.
How We Build Catastrophic Injury Cases
- Rapid investigation and evidence preservation
- Coordination with top medical specialists
- Comprehensive life-care planning and economic loss analysis
- Identification of all liable parties and insurance coverages
- Strategic litigation with expert testimony and demonstrative evidence
- Settlement positioning while preparing every case for trial
Catastrophic Injury Checklist
- Get immediate medical care and follow all treatment plans
- Photograph the scene, vehicles, equipment, and visible injuries
- Secure witness names, phone numbers, and emails
- Preserve physical evidence and request surveillance footage
- Track all expenses, time off work, and caregiving hours
- Avoid social media about the incident or injuries
- Consult an experienced New York catastrophic injury attorney promptly
What to Do After a Catastrophic Injury
- Get immediate medical care and follow treatment plans
- Document symptoms, limitations, and expenses
- Preserve physical evidence and take photos of the scene and injuries
- Collect contact information for witnesses
- Avoid social media posts about the incident or injuries
- Consult an experienced New York catastrophic injury attorney as soon as possible
FAQ
What qualifies as a serious injury for New York auto cases?
You must meet the statutory serious injury categories, proven with competent medical evidence, to pursue non-economic damages against a negligent driver.
Can I recover if I was partly at fault?
Yes. Under pure comparative negligence, your damages are reduced by your percentage of fault, not barred entirely.
How fast do I need to act against a city agency?
Many municipal claims require a Notice of Claim within 90 days, followed by additional deadlines. Act immediately to protect your rights.
Who pays my medical bills after a car crash?
No-fault benefits typically pay initial medical expenses up to policy limits, regardless of fault, subject to regulations and timely filings.
Do I need experts in a catastrophic injury case?
Yes. Medical, vocational, and economic experts help quantify lifetime care needs and lost earning capacity.
Free Consultation
We represent catastrophic injury victims and families throughout New York City. Contact us for a free, confidential case evaluation. There are no fees unless we recover compensation for you.
Attorney Advertising. Prior results do not guarantee a similar outcome. This information is general and not legal advice. Consult an attorney about your specific situation.