Albany Catastrophic Injury Attorney

catastrophic injury

A catastrophic injury from a car accident or a workplace accident can change someone’s life forever. Not only do serious injuries like these cause extreme physical pain, but they also cause years of emotional distress and financial instability. Unfortunately, some of these injured victims never receive justice for their immense suffering through a personal injury claim. 

New York personal injury lawyers at Bailey, Johnson & Peck are proud to provide top-notch legal representation for catastrophic injury victims. Call us today at 518-456-0082 for a free case evaluation.

What is a Catastrophic Injury?

A catastrophic injury falls under the umbrella of personal injury law. This type of injury is basically when a person suffers severe physical harm due to someone else’s negligence. Catastrophic injuries generally prevent the injured party from working or functioning normally ever again.

Common Types of Catastrophic Injuries

There is no official definition for catastrophic injuries. Most catastrophic injury cases involve central nervous system damage which can create lifelong disability. If you or someone you love has suffered from one of the following physical injuries, you may be able to pursue compensation with the help of the personal injury attorneys at Bailey, Johnson & Peck.

  • Traumatic brain injuries (TBI)
  • Skull and facial fractures
  • Neck and spinal cord injuries that result in total or partial paralysis
  • Burn injuries that result in a lifetime of scarring and disfigurement
  • Major or multiple amputations
  • Loss of vision or hearing
  • Major nerve damage
  • Multiple broken bones
  • Any type of injury that causes the injured victim to become permanently disabled and unable to work or function for the rest of their lives

Common Causes of Catastrophic Injuries

Catastrophic injuries can be caused by many different accidents, including:

  • Motor Vehicle Accidents such as car accidents, truck accidents, motorcycle accidents, and even pedestrian accidents.
  • Workplace Injuries: Some careers are inherently more dangerous than others. For example, workers involved in construction site accidents often file personal injury cases.
  • Slip and Fall Accidents on public property, also known as premises liability.
  • Medical Malpractice incidents, such as diagnostic errors or medication errors, can certainly result in long-term disability.
  • Fires or Explosions at some types of dangerous job sites.
  • Violent Physical Assaults such as domestic violence, gunshot wounds, or even sexual abuse.
  • Sports Injuries from football, boxing, wrestling, etc.

Personal Injury Cases vs. Catastrophic Injury Cases

In many cases, it’s difficult to draw the line between personal injury and catastrophic injury. Obviously, one type of injury is more severe than the other, but what are the other differences?

The Severity of the Damage

Most injured victims suffer a variety of damages in both types of cases. For example, car accident victims may suffer from weeks or months of medical expenses, physical pain, and emotional distress. 

However, catastrophically injured victims suffer even more damages, resulting in a higher case value. Their rehabilitative and medical treatment may last for months or years, causing crippling debt. Their physical and mental distress is generally much more severe as well. Additionally, catastrophically injured people often suffer a permanent disability that can never be corrected or fixed.

Recovery Time

Recovery time is another major distinction between catastrophic and personal injury cases. Personal injury victims generally recover in a shorter amount of time so they can get back to work. In other words, their physical and mental trauma doesn’t debilitate them forever.

Meanwhile, catastrophic injury victims can take years to recover if not longer. Sometimes, these injured people never fully recover from their accident. This means that they can’t work anymore, so they have no way of paying off their medical bills or even putting food on the table for their families. The physical and emotional pain that comes with permanent disability often makes the situation worse. All in all, severely injured people have grounds to recover maximum compensation with the help of an experienced legal team.

Determining Negligence in a Catastrophic Injury Claim

Proving negligence in a catastrophic or personal injury case is crucial in recovering compensation. With legal assistance from Bailey, Johnson & Peck, proving the four elements of negligence can be made possible.

  • Duty of Care: Everyone owes each other a specific duty of care on the roads, at work, in a medical setting, etc. 
  • Breached Duty of Care: The negligent person breached this duty of care and caused an accident of some sort. In other words, they failed to act as a reasonable, careful person normally would.
  • Causation: This breached duty of care directly caused the victim’s catastrophic injury.
  • Damages: The catastrophically injured person suffered extensive damages for which they should receive fair compensation.

Important Evidence for Catastrophic Injury Cases

Gathering sufficient evidence is crucial in any personal injury matter. It’s tough to prove that negligence occurred and caused the injury without the types of evidence listed below.

  • Medical Records are possibly the most crucial piece of evidence in any type of personal injury claim. Not only will these records prove how expensive your medical treatment was due to your accident, but they will also highlight the state of your health from the time of the accident to the present moment. Additionally, if you’re expected to suffer from permanent disability, these records should state that too.
  • Pictures and Videos: If you suffered catastrophic injuries from a motor vehicle accident, for example, it’s crucial to present pictures and videos of the crash scene, your injuries, your car damage, etc.
  • Witness Statements can help paint the whole story of the accident or injury. 
  • Police Reports are also crucial pieces of evidence in not only car accidents, but physical assaults and medical negligence cases as well. 

Our New York personal injury law firm recognizes how overwhelming it can be to heal from a traumatic accident and also gather evidence for a catastrophic injury case. When you hire our personal injury attorneys to take on your case, you can rest assured that we’ll handle all the legal stress while you focus on recovery.

catastrophic injury

What Kind of Financial Compensation Can I Receive from a Catastrophic Injury?

Victims involved in catastrophic and personal injury cases can recover both economic and non-economic damages.

Economic Damages

Economic damages are basically monetary losses associated with the accident or injury. Examples include:

  • Past and future medical bills
  • Past and future rehabilitation bills
  • Counseling bills, if the accident or injury caused extensive PTSD
  • Expenses associated with necessary medical equipment such as wheelchairs, prosthetic devices, etc.
  • Lost wages
  • Loss of earning capacity
  • Property damage
  • Funeral or burial costs if the injuries resulted in wrongful death

Non-Economic Damages

Meanwhile, non-economic damages are losses that can’t be measured monetarily. Examples include:

  • Physical pain and suffering
  • Emotional distress
  • Permanent disability, scarring, or disfigurement
  • Loss of consortium
  • Loss of enjoyment of daily life

How a New York Personal Injury Lawyer Can Help You

After suffering catastrophic personal injuries, the last thing you want to do is pursue legal action due to the extra stress, confusion, and expenses it may bring. However, hiring an experienced personal injury attorney is often necessary to take care of yourself and your family during this hard time. When you hire Bailey, Johnson & Peck’s legal services, you can expect us to:

  • Guide you through the entire legal process from start to finish.
  • Speak with an experienced team of medical experts, engineers, accident reconstructionists, forensic consultants, and others about your case. With the help of all of these experts, we can help prove how your accident or injury happened and who is at fault.
  • Speak with your insurance company on your behalf while also defending you from the other party’s insurer.
  • Fight for appropriate monetary compensation that covers all of the damages you and your family have suffered as a result of your injuries.
catastrophic injury

Call a Catastrophic Injury Lawyer at Bailey, Johnson & Peck Today

Bailey, Johnson & Peck is a highly recognized and respected personal injury law firm in Albany, NY. We provide compassionate and strong legal counsel for all of our injured clients. Our law office has a proven track record of successful verdicts and settlements. Call 518-456-0082 for a free consultation.

Practice Areas

Helping Injury Victims
Put Their Lives Back Together

Schedule a Consultation

Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.

We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.