Catastrophic injuries and accidents are nothing short of life-changing events. They can rearrange your living situation, job, and livelihood in a matter of moments.
I live New York City – and so I know what it’s like here in New York.
You can wind up feeling like you are trapped in a new life with your injuries and nothing to show for it.
However, filing a claim and receiving compensation for severe injuries is possible.
No worries. I’m here to help.
As you might know, I am a bestselling wellness author… who is committed to helping people to stay calm, positive and confident during challenging times.
I founded the therapist recommended video course called The Anxiety Cure.
I am passionate about helping people to navigate trauma and all sorts of life stresses. With this in mind, I put together this short guide about catastrophic injuries.
There are several common catastrophic injuries you can receive compensation for, including major car accidents, work-related incidents, and dog attacks.
Here is a brief guide on catastrophic injuries and how to file a claim.
A catastrophic injury technically falls under the umbrella of a personal injury. Personal injuries are sustained through accidents or malpractice. Under New York State no-fault laws, insurance won’t pay for liability for personal injuries.
Most injuries sustained in car accidents or other incidents are considered personal injuries. Unless the defendant settles out of court or the injured party decides to take it up with a higher court, there are few compensation offers. Both parties cover their own damage and continue with their lives.
However, if the injury goes beyond standard, coverable problems and becomes a life-altering issue, it may be filed as a catastrophic injury. If this is the case, you can file a compensation claim. Whether accidental or because of a workplace injury, a catastrophic injury claim can help provide compensation for medical care and other financial needs.
A catastrophic injury is something that prevents you from living life fully or having a livelihood as you did before the accident. For example, a professional athlete or soccer player would count breaking both legs and never being able to play again as a catastrophic injury. Although he will recover, his life must change.
Another type of catastrophic injury is an extremely severe injury that will require long-term care. However, this type of catastrophic injury will need more input from medical professionals, who will be able to testify about long-term care.
Whether it is a life-changing or long-term care type of injury, you will probably qualify for a catastrophic injury claim. However, you’ll need a good compensation lawyer to help you find the right medical professionals and file your claim.
To file a claim for catastrophic injury compensation, you first need a good lawyer. In New York and other no-fault states, you will have to prove the liability of the accused party for your injury. A good lawyer will be able to tell you whether you should press charges.
If you press charges, the biggest issue will be ensuring that the other party is liable for your injury. There are three parts to making sure you can charge someone and receive compensation for a catastrophic injury: duty of care, breach of duty, and cause of the accident.
Essentially, you need to prove that the party responsible was in charge of you or had a duty of care and failed that duty. If that failure of duty led to the accident that caused your catastrophic injury, you would probably have a good case for compensation.
Duty of care exists when one person or corporation must care for or ensure others’ safety. Cases of this can be employers, babysitters, caretakers, and managers. However, family members and other members of society might owe a duty of care in specific circumstances.
Once you’ve proven your duty of care and neglect of that duty, a court is likely to rule in your favor for a catastrophic injury case. If you think your case applies even though it doesn’t fall within these guidelines, talk to a lawyer today.
Catatrophic accidents can occur in the blink of an eye, but repercussions can last for a lifetime. If an accident occurs, you want to take action immediately by contacting both medical and legal professionals. Financial compensation for medical costs, job loss, and other expenses is potentially available, helping you navigate the road to recovery.
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