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How to File a Lawsuit for Catastrophic Injury?

New York Catastrophic Injury Attorney

By Godosky GentilePublished 2 months ago 4 min read

A catastrophic injury due to an accident can leave a person's life in shackles, leading to death, permanent disability, burns, or other long-term effects. You can file a personal lawsuit with the help of your catastrophic personal injury lawyer, to claim financial compensation for all the grievances you have to go through.

To put it in some words, if a person is severely injured and is on the verge of death, suffered lifetime disability, burned or got spinal cord injury due to an accident with no fault, it amounts to catastrophic injury. It can leave a life dependent on others without financial support. A personal injury lawsuit allows victims to get justice for unnecessary injuries through the injury claim process and civil litigation.

However, many people are unaware of the whole process of filing a lawsuit for catastrophic injury. Do this brief guide explain how you can file a lawsuit?

How to File a Lawsuit?

Whether you have sustained injuries due to the negligence of a drunk driver, slipped and fell due to a dangerous condition, defect product if you are severely injured, and your medical reports indicate catastrophic injury, you can file a lawsuit. Our catastrophic injury attorney in New York is an experienced litigation lawyer who is well-known and highly respected for their legal abilities and dedicated service to clients.

Damages due to catastrophic injury

Whenever a plaintiff’s catastrophic injuries happen due to the negligence of a person, reckless or intentional misconduct, an injured person has to face suffering including financial implications, the plaintiff might get compelled to bring a lawsuit for the wellbeing of the family and seek compensation from the person responsible for the accident. Selecting an attorney is an important decision for the plaintiff as in a situation of no-fault insurance, a plaintiff can bring a lawsuit in case there is a car accident when the injuries are catastrophic.

It also happens many cases do not go for trial experience, lawyers in this experience type have more leverage while negotiating with the defendant’s insurance defense attorney. An experienced attorney will have to operate with many experts before visiting trial to set the full injuries or to meet their future needs.

Damages due to injuries include loss of income, out-of-pocket experiences, and proper damage. However, many also include non-economic damages like loss of enjoyment of life, permanent disability, disfigurement, and a loss of consortium. The value occurring due to the non economical damages might be higher as the injuries are catastrophic.

Unlike minor injuries, it is difficult for the defense attorney to reduce the damages that the court intends to award in a catastrophic injury case. It is in this situation, a defense attorney can attack the liability and might try to show that the accident was partly the fault of the plaintiff.

In the states, wherever you are, a plaintiff fails in capacity to recover the full amount if the jury finds out that the plaintiff is partly responsible for the negligence that caused the accident. In this case, the plaintiff will always get some portion of the total amount. The jury will find out the scope of the damages that might reduce the compensation amount that is to be owned by the plaintiff

How does the Injury claim process work?

You must be wondering about the steps, you might require to make a catastrophic injury claim. After suffering from a catastrophic, injury, seeking immediate medical attention, should include calling the nearest emergency services. After the medical compensation, hire your catastrophic injury attorney in New York, who will gather evidence of the accident. These incidents are crucial steps to reach the best chance for success.

This evidence could be the following:

● CCTV footage

● Photographs of the accident

● Medical reports

● The contact details

The next step might involve the claim process by attending medical appointments, a medical professional will make a thorough assessment of the severity of the case and the impact of the injuries so that the damages of your claim can be accurately evaluated and valued.

Your solicitor will help you work on the claim process and work hard to settle your claim out of court. An out-of-court settlement is a time-consuming process. If this does not happen your case will go in the court. The catastrophic injury claims process or lawsuit in the cases involves detailed financial projections linked with the medical expenses. The cost incurred due to the loss of income, the loss of future income, the value placed on the suffering, and emotional trauma.

Seek the services of the New York Catastrophic Injury Attorney at Godosky& Gentile, who are skilled in personal injury and litigation cases in New York City and the surrounding area. The lawyer will ascertain your case gets filed successfully and that you get the dues. If you need an attorney to study your case, call us directly at 212-742-9700, or reach us online today. We are servicing clients all over Bronx, Brooklyn, and entire tri-state areas.

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About the Creator

Godosky Gentile

If an unexpected accident occurs while your loved one is at work, we will be ready to assist you with injury claim. Our Nyc Catastrophic Injury Law Firm ​has the combined experience to fight the individual compensations that you have owned.

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