Personal injuries come in varying degrees of severity, ranging from small cuts and bruises to catastrophic injuries. Catastrophic injuries are life-altering. If you or a loved one has suffered a catastrophic injury as a result of another’s negligence, recklessness, or even malice, you are entitled to major compensation for what you have suffered and will continue to suffer.
Whether you have been catastrophically injured in a car accident, a slip and fall, a workplace accident or an animal attack, you are experiencing the awful combination of circumstances in which you are unable to work and have astronomical medical expenses. This is why, as soon as you can, you or a family member should get in touch with a skilled Hackensack personal injury attorney. If you are in any part of New York or New Jersey, contacting Levin & Malkin is a wise choice.
How A Catastrophic Injury Lawyer Can Help
At Levin & Malkin, we have decades of experience fighting catastrophic injury cases and recovering millions of dollars for our clients. We understand that your life, and the life of your family, has been turned upside down. Along with the horror of your catastrophic injury, you are no doubt fearful and confused. Just the concept of continuing to live your life seems overwhelming. Let us lift some of your burden. We are here to support you in every way possible.
Do not talk to insurance representatives or attorneys working for your adversary. Talk to the knowledgeable and powerful attorneys at Levin & Malkin. We will take over all necessary communications to ensure that you are not manipulated or short-changed. We are savvy negotiators and aggressive litigators, dedicated to fighting to obtain the substantial damages you deserve. You will pay no attorneys’ fees unless we win your case.
Defining Catastrophic Injuries
There are several definitions for “catastrophic injuries,” depending on the source. While the American Medical Association (AMA) defines them as injuries of the skull, brain, spine, neck or spinal cord, the law defines them in terms of “an injury that permanently prevents an individual from performing any gainful work.” As you can see, the AMA defines in terms of body parts affected, and the law defines in terms of anticipated outcome.
If we have to file a lawsuit against those who caused your catastrophic injury, we will be working with the legal definition, concentrating on the fact that the injury has resulted in permanent disfigurement or permanent disability. In other words, a catastrophic injury is one that is life-altering, having a lasting effect on your ability to engage in gainful employment and to live a normal life.
Examples of Catastrophic Injuries
The following are considered to be catastrophic injuries by the court:
- Amputations or loss of limbs
- Loss of sight, hearing, speech or sensory ability
- Severe damage to, or loss of, organs or body parts
- Disfiguring burns
- Spinal cord injuries that cause paralysis or paraplegia
- Traumatic brain injuries that result in cognitive, psychiatric, or neuromuscular impairment
- Traumatic orthopedic injuries
Of course, each case is unique and there is an enormous number of ways the body can be catastrophically injured. Our sharp attorneys will fight forcefully to have your life-changing injury categorized correctly so that you receive the appropriate damages.
No-Fault Insurance in Vehicular Accident Cases Involving Catastrophic Injury
Both New York and New Jersey are no-fault insurance states, meaning that everyone must carry personal liability insurance to cover any personal injuries resulting from a vehicular accident, no matter who is at fault. In New Jersey, every no-fault insurance policy must contain personal injury protection, commonly known as PIP.
Workers’ Comp in Catastrophic Injury Cases
For any serious injury that occurs at work, you are eligible to receive workers’ comp. You should be aware, however, that the amount you receive from workers’ comp may be less than you realistically require. Though workers’ comp will cover medical costs from the injury, replacement income and compensation for permanent disability, it will not include compensation for pain and suffering. In the long run, it may be necessary for us to sue your employer to receive proper compensation. Remember though that if you put in a claim for workers’ comp you won’t be allowed to file a lawsuit against your employer. Our personal injury attorneys will help you decide whether you should file for workers’ comp or not.
When Catastrophic Injuries Are Fatal
An individual may die at the time of the accident itself or die later in surgery or due to infections or other complications. If your family has sustained such a tragic loss, Levin & Malkin is well-prepared to file a wrongful death suit and fight forcefully to reclaim monies your family is entitled to — for medical costs, lost financial support, pain and suffering before death, and funeral and burial or cremation expenses.
Damages Our Catastrophic Injury Attorneys Will Seek for You and Your Family
If you have been catastrophically injured, you are entitled to two types of compensatory damages: economic and non-economic:
- Economic damages cover out-of-pocket expenses, such as present and future medical costs, loss of income, physical, psychological and occupational therapy, rehabilitation and nursing care.
- Non-economic damages cover intangibles that are difficult to quantify but still worthy of compensation, such as physical pain and emotional suffering, loss of consortium and loss of enjoyment of life.
Punitive Damages
In rare cases, typically those involving criminal behavior or extreme recklessness, the court may award punitive damages, over and above compensatory damages. Punitive damages have a dual purpose: to punish the offender and to prevent others from replicating the egregious behavior that resulted in the catastrophic injury.
Contact Our Hackensack Catastrophic Injury Lawyer
We know well that a catastrophic injury impacts your life in more ways than the average person can imagine. Years of protecting the rights of our clients, far from hardening us to your plight, have made us acutely sensitive to the depth of the pain you and your family are suffering. We will do everything possible to win the damages you deserve so that financial worries won’t compound that pain. Understanding the difficulties surrounding travel in your present situation, we are more than happy to come to you. Contact us as soon as possible for a free consultation so we can get the ball rolling and your life back on track.