Serious Injury Lawyers Serving New York
The injuries you sustain due to someone else’s negligence may seriously impact your physical, mental, and financial well-being. If you or someone you love has suffered a severe, life-altering injury, a New York City catastrophic injury attorney can help.
Attorneys at Maggiano, DiGirolamo & Lizzi have more than a century of combined experience representing clients in a wide range of personal injury cases. Unlike many other law firms, we are focused on representing individuals whose injuries are beyond the norm after an accident.
Catastrophic injury claims are much more complicated than the “standard” personal injury case. You need a law firm with the experience, knowledge, and resources to pursue fair compensation for the substantial losses you are facing now and will face in the future.
Please call Maggiano, DiGirolamo & Lizzi at (212) 543-1600 today for a free consultation with a New York City catastrophic injury attorney. Our personal injury lawyers serve clients throughout NYC and other areas of New York.
What Qualifies as Catastrophic Injury?
There is no hard-and-fast definition of what constitutes a catastrophic injury in New York. In other words, the term “catastrophic injury” is not specifically included in any of the statutes that govern New York personal injury claims.
Generally speaking, however, a catastrophic injury is any type of injury that substantially alters the victim’s life. This includes the ability to care for oneself and perform daily tasks, earn a living, and have the quality of life one had prior to the catastrophic injury.
Injuries that are often considered catastrophic include:
- Traumatic Brain Injuries
- Facial Scarring and Disfigurement
- Eye Injuries and Vision Loss
- Hearing Loss and Deafness
- Spinal Cord Injuries (particularly those resulting in paralysis)
- Loss of Limbs and Amputation Injuries
- Complex Bone Fractures
- Damage to Internal Organs
- Burn Injuries
Any injury that results in chronic pain, impairment, immobility, and/or disability may also be considered catastrophic. Ultimately, if an injury that occurs through someone else’s fault permanently and drastically alters your life, you likely have a catastrophic injury claim.
Verdicts and Settlements
$600,000 - Medical Negligence
To middle aged single woman who suffered dislodgement of dentures into throat during an oral medical procedure where medical and nursing failed to remove partial removable denture and not releasing denture was dislodged during the procedure.
$600,000 - Unsafe Product
In 2003 to a truck driver suffering injuries when he lost his footing climbing from a truck ladder which was defectively designed resulting in multiple injuries precluding him from working as a trucker and suffering life time wage impairment.
$1,061,392 - Tow Truck Crash
To a 42-year old truck operator and auto mechanic who suffered ulnar neuropathy, bulging lumbar disc, torn meniscus right knee and post traumatic stress disorder when he was struck by a tow truck backing up during a job thereby ending his two occupational careers.
Catastrophic Injury Claims We Handle
The New York City catastrophic injury attorneys at Maggiano, DiGirolamo & Lizzi have experience with a wide range of claims where people suffer serious injuries through no fault of their own. We can provide assistance if you or a member of your family suffered catastrophic injury as a result of the following:
- Truck Accidents
- Car Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Construction Accidents
- Structural Failure and Building Collapses
- Workplace Accidents
- Accidents on Dangerous Premises
- Slip and Fall Accidents
- Dog Bites
- Nursing Home Abuse
- Medical Malpractice
- Birth Injury
A catastrophic injury can also result in fatality. Our lawyers proudly serve families who have tragically lost loved ones due to catastrophic injuries caused by one or more negligent parties.
If your loved one suffered catastrophic injuries that ultimately resulted in death or a member of your family was killed instantly due to the negligence of another, a New York City catastrophic injury attorney can seek compensation through a wrongful death claim. Maggiano, DiGirolamo & Lizzi has recovered millions in damages on behalf of those who have lost relatives to the carelessness and wrongdoing of others.
How a New York City Catastrophic Injury Attorney Can Help
No two personal injury cases are exactly alike. Claims involving serious and catastrophic injuries involve unique challenges that require specialized legal knowledge and advanced experience to handle effectively.
At Maggiano, DiGirolamo & Lizzi, we are driven by justice and inspired by our clients to take on the challenges of catastrophic injury claims. It’s not just about recovering the maximum compensation for those whose lives are turned upside down; it’s about working toward a world that is safer and more just.
For decades, the New York City catastrophic injury attorneys at Maggiano, DiGirolamo & Lizzi have been advocating for those seriously injured by negligence. Together, our lawyers bring more than a century of combined experience in the most complicated types of injury cases.
Our catastrophic injury attorneys in NYC can handle all aspects of your claim while you focus on recovery. This includes:
Investigating the Cause of Your Catastrophic Injury
Sometimes the cause of an injury is fairly obvious (ex: you have been in a car wreck). In other cases, what caused the injury (and who is responsible) is less clear.
Our attorneys thoroughly investigate the circumstances that led to your catastrophic injury or injuries. We collect all available evidence, including:
- Witness statements
- Information from other parties involved
- Official reports
- Video footage
Determining exactly what happened is essential for identifying your legal rights and options after a catastrophic injury. Our catastrophic injury attorneys enlist seasoned investigators to gather the evidence we need to build your claim.
Understanding the Full Extent of Your Injuries
Complete medical documentation is essential for the success of a catastrophic injury claim. All adverse effects of the injury must be accounted for, including:
- Physical symptoms such as:
- Chronic pain
- Loss of mobility
- Dysfunction or loss of the use of part of the body
- Permanent disability
- Mental and emotional symptoms; these can vary depending on the type of injury and may include:
- Memory problems
- Difficulty concentrating
- Changes in temperament
- Anxiety and depression
- Post-traumatic stress disorder
- How your ability to work is affected
- The impact on your ability to care for yourself and care for others
- Effect on life expectancy
Medical treatment of catastrophic injuries is complex. A number of different doctors and specialists may be involved in your care.
Our New York City catastrophic injury attorneys will work closely with your medical team to understand the severity of your injuries, identify all of the ways the injury affects you now and will affect you in the future, and ensure that your medical records are complete. We also consult independent medical experts to provide additional testimony in support of your claim.
Determining Who Is At Fault
Fault for the accident or other event that led to a catastrophic injury must be properly assessed for you to recover maximum compensation. Often, liability for a catastrophic injury will rest with multiple parties.
We commonly see this in truck accident claims (the focus of our practice at Maggiano, DiGirolamo & Lizzi). The truck driver may be directly responsible for the crash that caused your injuries, but the evidence might show that the negligence of multiple additional parties (including the trucking company, the manufacturer of the truck or one of its parts, etc.) actually contributed to the accident.
The same is often true in work injury claims. With a scaffolding accident claim, for example, responsibility for furnishing and erecting proper scaffolding rests with the general contractor or the owner of the property (as well as any agents of the same). In addition to workers’ compensation, a worker injured in a scaffolding accident may have one or more claims against whoever is responsible for the scaffolding on the construction site.
New York City catastrophic injury attorneys at Maggiano, DiGirolamo & Lizzi will closely evaluate the evidence to identify all of the liable parties in your claim. We will also determine what insurance coverage is available.
Calculating Damages in Your Catastrophic Injury Claim
Catastrophic injury claims involve substantial losses. Given the long-term and often permanent impact of a serious injury, it is critical to account for the totality of damages over the course of your lifetime.
This requires specialized calculations, expert testimony, and detailed knowledge of recoverable economic and non-economic personal injury damages. A New York City catastrophic injury attorney can evaluate the losses you have suffered to date and any damages you will face in the future to account for the total value of compensation in your case.
Fighting to Win Your Catastrophic Injury Case
The first step in most personal injury cases consists of filing a claim with the insurer(s) and negotiating a settlement. If a settlement agreement cannot be reached, however, it may be necessary to file a lawsuit.
A New York City catastrophic injury attorney can handle the necessary court filings on your behalf. The next step is preparing to go to trial, which is a lengthy, complicated process that is best handled by an experienced lawyer.
Catastrophic injury claims can be settled at any point before trial or even while the trial is underway. However, it is crucial to hire an experienced trial attorney who can take your case to court and win.
At Maggiano, DiGirolamo & Lizzi, we are celebrated for our expertise and results at trial. Time and time again, we have been recognized as the best in our field by our peers in the legal profession and by a number of elite publications and organizations.
Excellent law firm. Thorough, attentive, discreet, flexible, loyal, and compassionate. They are excellent at representing their clients, listening to them, and fighting for their rights. I had the pleasure of working with Michael Maggiano, Esq., Joseph Maggiano, Lawyer Tom Boyle, Bernadette, and Stephanie. Thank you all for your dedication and hard work. I highly recommend choosing this firm to represent you.
After thirteen surgeries, multiple procedures and over two months in the ICU, all due to the negligence of one of my doctors, I was referred to Michael Maggiano to pursue a medical malpractice case. I had never been involved in a lawsuit in my life and from the moment I met Michael and his team at Maggiano, DiGirolamo & Lizzi I knew I was in extremely competent hands. Michael is the best lawyer you could imagine – he is intelligent, detail oriented, extremely knowledgeable and passionate about his work and his clients. Michael is a consummate professional and I will forever be impressed by, and indebted to, both him and his team. The entire staff at Maggiano, DiGirolamo & Lizzi is friendly, welcoming and do everything to make their clients comfortable. I would like to specifically thank Linda Reid and Bernadette Elbert who both went above and beyond to make my experience as comfortable as possible, from including me in all detailed correspondence to sending encouraging texts and even giving hugs when needed. Thank you so much to everyone at Maggiano, DiGirolamo & Lizzi – I highly recommend this law firm to anyone looking for a compassionate team to handle a personal injury claim.
I have been a practicing personal injury lawyer in New Jersey for over twenty years. I knew Michael Maggiano by reputation and when I was involved in an automobile myself I went to him to handle my case. I learned that the reputation was well founded and he has an outstanding law firm, very efficient and professional. He and his staff were always available and helpful during every step of the process and the resultant settlement was excellent. I could not recommend Mr. Maggiano and his firm more highly. Thank you to all at Maggiano, DiGirolamo & Lizzi .
What Is My Catastrophic Injury Claim Worth?
Every catastrophic injury claim is different. There is no formula for the value of damages in your case. Instead, our New York City catastrophic injury attorneys will evaluate the evidence to determine all of the compensation you are due.
Recoverable damages in your catastrophic injury claim may include:
- All medical expenses to date
- The future cost of medical care, including surgeries, medications, physical rehabilitation, psychiatric counseling, etc.
- Lost wages
- The loss of future income and earning capacity
- The cost of travel for medical care
- Expenses you pay out of pocket (e.g., assistive devices, modifications to your home and vehicle, hiring home-based medical providers and household services professionals, etc.)
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Lost enjoyment of life
A catastrophic injury can affect you and your entire family in a number of serious ways. Trying to account for all of the damages you may be entitled to on your own is difficult if not impossible.
Maggiano, DiGirolamo & Lizzi has the experience and knowledge you can rely on to maximize your financial recovery. We are committed to obtaining justice in your case, whether that means negotiating a fair settlement or preparing your case for court and arguing for the maximum award at trial.
How Long After an Injury Can You Sue in New York?
The time limit for bringing a legal claim after a catastrophic injury is known as the statute of limitations. As a general rule, you have 3 years to recover compensation for personal injury (see New York Civil Practice Law & Rules § 214(5)).
However, it is important to note that the statute of limitations may vary depending on what caused you or your loved one to suffer catastrophic injury. For example, the statute of limitations for medical malpractice in New York is 2 years and 6 months (with certain exceptions; see New York Civil Practice Law & Rules § 214-A).
The statute of limitations provides a limited window for those who have been seriously injured to seek justice and the compensation they deserve. You should contact a New York City catastrophic injury attorney as soon as possible to ensure that your legal rights are exercised promptly and there is no time wasted building your case.
Will My Catastrophic Injury Claim Go to Trial?
As a general rule, most personal injury cases are resolved via settlement rather than going to trial. Preparing a case for trial is expensive and time-consuming. What’s more, there is no guarantee for either side that the trial will go their way.
That said, a number of factors make it more likely that a personal injury claim involving catastrophic injuries could go trial, including:
- Liability for the accident is disputed
- The cause of the injury and/or its severity is disputed
- Claims for damages are often substantial, making it more likely that the insurance company will vigorously defend against the claim
- Multiple parties may be at fault, in which case the defendants and their insurers will point fingers at each other
- The plaintiff is accused of contributory negligence, in which case the defendant(s) may refuse to pay or offer less than the claim is worth
Bottom line: There are a number of reasons that a settlement may not be reached and your catastrophic injury might need to go to trial. You need an experienced trial attorney to represent your interests and explore all available avenues for obtaining the compensation you deserve.
Defendants and insurance companies alike know that Maggiano, DiGirolamo & Lizzi will not hesitate to take our clients’ cases to trial. This reputation is sometimes enough to convince the other side to settle cases fairly. If this does not come to pass, however, our New York City catastrophic injury attorneys can file a lawsuit, prepare for trial, and present the case in court with the goal of winning full compensation for our client.
How Long Does It Take to Settle a Personal Injury Case in NYC?
Settlement negotiations for a “standard” personal injury case in New York can take anywhere from 6 months to a year. Due to their complexity, settling catastrophic injury claims typically takes longer – 1 year to 3 years on average.
Remember, you have a maximum of 3 years (or less, depending on the circumstances) to file a personal injury lawsuit. The best way to ensure that settlement negotiations do not drag on and there is still enough time to sue is to entrust your case to an experienced New York City catastrophic injury attorney as soon as possible.
Once a lawsuit is filed, it can take several years for the matter to go to trial. During this time, our lawyers will focus on preparing for trial while still trying to negotiate a favorable settlement. Our goal is to win, whether that means reaching a settlement in your case or going to trial.
Contact a New York City Catastrophic Injury Attorney Today
Whether it happens on the road, on the job, or anywhere else, the aftermath of any type of accident can be immense. Catastrophic injuries come in a number of forms, but the effect is usually the same: drastic, permanent changes in the way you live your life.
The attorneys Maggiano, DiGirolamo & Lizzi have been repeatedly recognized as the best in our field when it comes to catastrophic injury claims. Our lawyers have been featured in:
- U.S. News & World Report Top Personal Injury Trial Lawyers
- New York Monthly Magazine’s Best Lawyers in the New York Area
- Million Dollar Advocates Forum
- Super Lawyers
- Best Lawyers in America
For a free case review, please call Maggiano, DiGirolamo & Lizzi at (212) 543-1600 today to speak to a New York City catastrophic injury attorney. Our personal lawyers serve clients in Manhattan, Brooklyn, The Bronx, Queens, and Staten Island, and other areas of New York.