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OVER 75 YEARS OF LEGAL EXCELLENCE IN PERSONAL INJURY LAW

New York Catastrophic Injury Lawyer

Our NYC catastrophic injury lawyers understand the devastating impact a catastrophic injury can have on your life and the lives of your loved ones. For decades, our dedicated team of catastrophic injury lawyers has been fighting for the rights of New Yorkers who have suffered life-altering injuries due to the negligence of others.

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Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Catastrophic Injury Lawsuit Cases We Take

New York Catastrophic Injury Lawyer

Catastrophic injuries are severe, life-altering injuries that have long-term or permanent effects on an individual's ability to function in daily life. These injuries often result in significant physical, emotional, and financial challenges for both the injured person and their family. Our personal injury lawyers handle a wide range of catastrophic injury cases, including:

Traumatic Brain Injuries Lawyer

Traumatic brain injuries are among the most serious catastrophic injuries. They can range from mild concussions to severe trauma that impairs cognitive function, memory, and personality. Victims of TBI may require lifelong care and rehabilitation and often face challenges in work, relationships, and daily activities.

Spinal Cord Injury Lawyer 

Spinal cord injuries can lead to partial or complete paralysis, affecting mobility, sensation, and organ function below the point of injury. Many spinal cord injury victims face a lifetime of adaptive equipment use and personal care needs. These injuries can dramatically alter a person's independence and quality of life.

Severe Burn Injury Lawyer

Burns are considered catastrophic due to their painful, disfiguring nature and potential for long-term complications. Burn victims often require multiple surgeries, skin grafts, and extensive rehabilitation. They may also face significant psychological challenges related to changes in their appearance and the trauma of the injury.

Amputation Lawyer

The loss of a limb, whether through a traumatic accident or necessary surgical intervention, is a life-changing event. Amputations not only affect physical capabilities but also require substantial lifestyle adjustments and potentially the use of prosthetics. Victims often need ongoing medical care and may face challenges in returning to work.

Multiple Fractures

When multiple bones are broken, especially weight-bearing bones or the spine, the impact on mobility and quality of life can be severe and long-lasting. These injuries often require multiple surgeries and extended rehabilitation periods. In some cases, they can lead to chronic pain or permanent disability.

Organ Damage

Severe damage to vital organs like the heart, lungs, or kidneys can be catastrophic. Such injuries may necessitate organ transplants or result in lifelong medical treatment and monitoring. Organ damage can significantly impact a person's life expectancy and overall health, requiring major lifestyle changes.

Psychological Injuries

While not always visible, severe psychological injuries can be just as debilitating as physical trauma. Injuries resulting from extreme trauma or prolonged abuse can significantly impair a person's ability to function in society or maintain employment. These injuries often require long-term therapeutic intervention and support.

We understand the complex nature of catastrophic injuries and their far-reaching effects. Our team is committed to providing comprehensive legal support to those who have suffered these life-altering injuries, ensuring that all aspects of the injury's impact are considered in pursuing just compensation.

How a New York Catastrophic Injury Lawyer Can Help

Your NYC catastrophic injury attorney understands that facing a catastrophic injury can be overwhelming at Kelner and Kelner. As your dedicated New York catastrophic injury lawyers, we're here to shoulder the legal burden, allowing you to focus on your recovery and rehabilitation. Here's how our personal injury attorneys can assist you:

Comprehensive Case Evaluation

We begin by conducting a thorough evaluation of your case. Our team will review medical records, accident reports, and any other relevant documentation to build a clear picture of your injury and its causes. This detailed analysis allows us to determine the full extent of your damages and identify all potentially liable parties.

Skilled Negotiation with Insurance Companies

Insurance companies often try to minimize payouts, especially in high-value catastrophic injury cases. Our experienced attorneys know how to navigate these complex negotiations. We'll advocate fiercely on your behalf, ensuring that insurance companies understand the full impact of your injuries and the compensation you deserve.

Access to Medical and Rehabilitation Experts

Catastrophic injury cases often require input from various medical specialists to understand the long-term implications of your injury fully. We have cultivated a network of respected medical professionals who can provide expert testimony about your condition, prognosis, and future care needs. This testimony is crucial in establishing the total value of your claim.

Litigation Preparation and Representation

While many cases settle out of court, we prepare every case as if it's going to trial. This thorough approach often leads to more favorable settlement offers. If a fair settlement can't be reached, we have the courtroom experience to effectively present your case before a judge and jury, fighting tirelessly for the compensation you deserve.

Calculation of Long-Term Damages

Catastrophic injuries often result in lifelong consequences. Our team works diligently to calculate not just your current medical expenses and lost wages but also future medical care, ongoing rehabilitation costs, loss of earning capacity, and compensation for pain and suffering. We ensure that any settlement or verdict considers your injury's full, long-term impact.

Navigation of Complex Legal Procedures

The legal process can be complex and intimidating, especially when you're dealing with a catastrophic injury. We handle all legal filings, deadlines, and procedural requirements, ensuring your rights are protected and your case progresses smoothly through the legal system.

Emotional Support and Guidance

We understand that a catastrophic injury affects more than just your physical health. Our compassionate team is here to provide support and guidance throughout the legal process. We're always available to answer your questions, address your concerns, and provide updates on your case.

No Upfront Costs

We operate on a contingency fee basis, which means you don't pay any legal fees unless we win your case. This allows you to access high-quality legal representation without worrying about upfront costs during this challenging time.

Causes of Catastrophic Injuries in NYC

New York City's bustling urban environment, while vibrant and exciting, can unfortunately present various scenarios that may lead to catastrophic injuries. At Kelner and Kelner, we've handled cases stemming from a wide range of causes. Some of the most common causes of catastrophic injuries in NYC include:

Motor Vehicle Accidents

  • Car crashes
  • Truck collisions
  • Motorcycle accidents
  • Pedestrian knockdowns
  • Bicycle accidents

Construction Accidents

  • Falls from heights
  • Scaffolding collapses
  • Crane accidents
  • Electrical accidents
  • Heavy machinery incidents

Premises Liability Incidents

  • Slip and falls
  • Elevator and escalator accidents
  • Building collapses
  • Fires and explosions
  • Inadequate security leading to assault

Medical Malpractice

  • Surgical errors
  • Misdiagnosis or delayed diagnosis
  • Birth injuries
  • Medication errors
  • Anesthesia mistakes

Mass Tansit Accidents

  • Subway incidents
  • Bus accidents
  • Ferry crashes
  • Taxi collisions

Defective Products

  • Faulty medical devices
  • Dangerous pharmaceuticals
  • Malfunctioning consumer products
  • Defective vehicle parts

Sports and Recreation Accidents

  • Swimming pool accidents
  • Amusement park incidents
  • Organized sports injuries

Acts of Violence

  • Assaults
  • Shootings
  • Terrorist acts

Regardless of the cause, if you or a loved one has suffered a catastrophic injury in NYC due to someone else's negligence or wrongful actions, Kelner and Kelner is here to help. Our experienced team has the knowledge and resources to handle even the most complex catastrophic injury cases. We'll work tirelessly to investigate the cause of your injury, identify all responsible parties, and fight for the full compensation you deserve.

Types of Damages Available in a New York Catastrophic Injury Claim

New York Catastrophic Injury Lawyer

At Kelner and Kelner, we understand that the impact of a catastrophic injury extends far beyond immediate medical bills. We aim to secure comprehensive compensation that addresses all aspects of your injury and its effects on your life. In New York, catastrophic injury victims may be eligible for several types of damages:

Economic Damages

These are quantifiable financial losses resulting from your injury. They include:

Medical Expenses

This covers all costs related to your medical treatment, including:

  • Emergency room visits
  • Surgeries
  • Hospital stays
  • Medications
  • Rehabilitation and therapy
  • Assistive devices (wheelchairs, prosthetics, etc.)
  • Future medical care needs

Lost Wages

Compensation for income lost due to your injury, including:

  • Immediate time off work for recovery
  • Reduced earning capacity if you can return to work but in a limited capacity
  • Future lost earnings if you're unable to return to work

Property Damage

If personal property was damaged in the incident that caused your injury (e.g., your car in a motor vehicle accident)

Home Modifications

Costs for adapting your living space to accommodate your injury (e.g., wheelchair ramps, bathroom modifications)

Transportation Costs

Expenses for medical appointments or specialized vehicles

Non-Economic Damages

These damages are more subjective and relate to the personal impact of your injury:

  • Pain and Suffering: Compensation for physical pain and discomfort resulting from your injury and ongoing treatment
  • Emotional Distress: Damages for psychological impacts such as anxiety, depression, or PTSD related to your injury
  • Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies you once enjoyed
  • Loss of Consortium: Damages awarded to your spouse for the impact on your marital relationship

Punitive Damages

In cases where the defendant's actions were particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.

Wrongful Death Damages

If a catastrophic injury tragically results in death, surviving family members may be entitled to wrongful death damages, including:

  • Funeral and burial expenses
  • Loss of financial support
  • Loss of services the deceased would have provided
  • Loss of parental guidance for children
  • Conscious pain and suffering of the deceased before death

At Kelner and Kelner, we meticulously calculate all applicable damages to ensure our clients receive maximum compensation. We work with economic experts, life care planners, and medical professionals to accurately assess the full impact of your current and future catastrophic injury.

What To Do If You Are Catastrophically Injured Due to Someone Else's Negligence

Our personal injury lawyers understand that the aftermath of a catastrophic injury can be overwhelming. If you or a loved one has suffered a severe injury due to someone else's negligence, taking the right steps can be crucial for your health, well-being, and potential legal case. Here's what we recommend:

Seek Immediate Medical Attention

Your health is the top priority. Even if you think your injuries might not be severe, some catastrophic injuries may not be immediately apparent. Prompt medical care can prevent complications and provide crucial documentation of your injuries.

Consult with a Catastrophic Injury Lawyer

As soon as you're able, reach out to an experienced catastrophic injury lawyer. We offer free initial consultations to discuss your case at Kelner and Kelner. Early legal intervention can be crucial for:

  • Preserving evidence
  • Ensuring proper documentation
  • Protecting your rights
  • Dealing with insurance companies
  • Calculating the full extent of your damages, including future needs

Report the Incident

Report the incident to the appropriate authorities, depending on the nature of your injury. This could mean calling the police for a car accident, notifying management of a slip and fall, or informing your employer about a workplace injury.

Document Everything

If possible, gather as much information as you can about the incident:

  • Take photos of the accident scene and your injuries
  • Collect contact information from witnesses
  • Keep all medical records and bills
  • Save any physical evidence (e.g., torn clothing, damaged personal items)

Avoid Discussing Fault

Be cautious about what you say to others about the incident, especially to insurance representatives. Avoid admitting fault or making statements that could be misinterpreted.

Do Not Accept Early Settlement

Offers Insurance companies may try to offer a quick settlement. These initial offers are often far less than your case is worth, especially for catastrophic injuries with long-term consequences.

Keep a Notebook

Document your physical symptoms, emotional state, and how the injury affects your daily life. This can be valuable evidence for demonstrating pain and suffering.

Follow Your Doctor's Orders

Adhere to all treatment plans and attend all follow-up appointments. This will not only aid your recovery but also demonstrate that you're taking your injuries seriously.

Preserve Social Media Privacy

Be cautious about what you post on social media. Insurance companies and defense attorneys may use your posts to challenge your claim.

Focus on Your Recovery

While we handle the legal aspects of your case, focus on your physical and emotional recovery. Follow your treatment plan, engage in recommended therapies, and don't hesitate to seek mental health support if needed.

Remember, at Kelner and Kelner, we're here to support you through every step of this challenging process. Our experienced team will fight tirelessly to ensure you receive the full compensation you deserve, allowing you to focus on what's most important – your recovery and adaptation to life after a catastrophic injury.

Get the Skilled Legal Representation You Deserve

Your life may have changed in an instant, but your future is still in your hands. At Kelner and Kelner, we're here to help you navigate the challenging road ahead and fight for the compensation you need to rebuild your life.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.


NYC Catastrophic Injury Lawyer FAQs

At Kelner and Kelner, we understand that catastrophic injury cases can be complex and overwhelming. Here are answers to some frequently asked questions about catastrophic injury claims in New York City:

How long do I have to file a catastrophic injury lawsuit in New York?

In New York, the statute of limitations for personal injury cases, including catastrophic injuries, is generally three years from the date of the injury. However, there are exceptions:

  • For medical malpractice cases, you have 2.5 years from the date of the alleged malpractice or from the end of continuous treatment by the party you're suing.
  • Personal injury claims against government entities may have much shorter deadlines, sometimes as little as 90 days to file a notice of claim.

Given these complexities, it's crucial to consult with an attorney as soon as possible to ensure your rights are protected.

Can I still recover damages if I was partially at fault for the accident?

Yes. New York follows a "pure comparative negligence" rule. This means you can recover damages even if you were partially at fault, but your percentage of fault will reduce your compensation. For example, if you're found to be 20% at fault, you can still recover 80% of the total damages awarded.

How long does a catastrophic injury case typically take to resolve?

The duration can vary significantly depending on the case's complexity, the severity of injuries, and whether the case settles or goes to trial. Some cases may settle in months, while others, especially those that go to trial, can take years. At Kelner and Kelner, we work efficiently to resolve your case as quickly as possible while ensuring we secure your best possible outcome.

Will my case have to go to trial?

Not necessarily. Many catastrophic injury cases are settled out of court. However, we prepare every case as if it will go to trial. This thorough approach often leads to more favorable settlement offers. If a fair settlement can't be reached, we have the experience and resources to take your case to trial.

How much is my catastrophic injury case worth?

The value of a catastrophic injury case can vary widely based on factors such as the severity of the injury, long-term prognosis, impact on quality of life, and economic losses. Providing an accurate estimate is impossible without thoroughly evaluating your case. During your free consultation, we can discuss the potential value of your claim based on the details you provide.

Can I claim compensation for emotional distress?

Yes, emotional distress is a recognized form of non-economic damages in New York. This can include anxiety, depression, PTSD, and other psychological impacts resulting from your injury. We work with mental health professionals to document and validate these claims.

What if the person who caused my injury doesn't have insurance?

If the at-fault party is uninsured or underinsured, there may still be options for recovery:

  • Your own uninsured/underinsured motorist coverage (in car accident cases)
  • Pursuing the at-fault individual's personal assets
  • Identifying other potentially liable parties (e.g., an employer if the at-fault party was on the job)

We'll explore all possible avenues for compensation in your case.

How do I pay for medical treatment while my case is pending?

Several options may be available:

  • Your health insurance
  • Medical liens (where providers agree to defer payment until your case settles)
  • No-fault insurance benefits (in car accident cases)
  • Workers' compensation (for work-related injuries)

We can help you understand and navigate these options to ensure you receive the necessary treatment.

What sets Kelner and Kelner apart from other catastrophic injury law firms?

With over 75 years of combined experience, our firm offers:

  • A proven track record of substantial settlements and verdicts
  • Personal attention from senior attorneys
  • A team approach, leveraging diverse legal and medical knowledge
  • No recovery, no fee policy
  • Deep understanding of New York law and local court systems
  • Compassionate support throughout the legal process

At Kelner and Kelner, we're committed to providing the highest quality legal representation for catastrophic injury victims in New York City. If you have any other questions or concerns, please don't hesitate to contact us for a free consultation.

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