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Permanent injuries · future care

Catastrophic Injury Lawyers

“Catastrophic” is not one legal category in New York. What applies depends on how you were hurt, and the claim is won by proving the future: the care, the changes at home and the earnings lost.

Over 40 years of experience. Free consultation; no fee unless there is a recovery.

(516) 227-2662
A long access ramp with metal handrails running beside a brick wall and houses.

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Three New York yardsticks

Two statutes list severe injuries for different purposes; the lists below follow the current statutory text (Insurance Law 5102(d); Workers' Compensation Law 11). Outside them, the evidence decides.

Car, truck and bus crashes

“Serious injury”

Insurance Law 5102(d) (text)

“death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system”.

Where the no-fault law applies, you need one of these to recover pain and suffering from the driver who caused the crash.

Injuries at work

“Grave injury”

Workers' Compensation Law § 11 (text)

“death, permanent and total loss of use or amputation of an arm, leg, hand or foot, loss of multiple fingers, loss of multiple toes, paraplegia or quadriplegia, total and permanent blindness, total and permanent deafness, loss of nose, loss of ear, permanent and severe facial disfigurement, loss of an index finger or an acquired injury to the brain caused by an external physical force resulting in permanent total disability”.

Generally, a sued contractor or owner can seek common-law contribution or indemnity from your employer only for one of these injuries; a written indemnity agreement made before the accident is a separate route. Neither lets you sue your employer directly or limits your claim against that third party.

Everything else

No set list

Ordinary negligence law

“Catastrophic” is a descriptive term, not a separate cause of action.

The claim is proved by the medical record, the change in your daily life and the cost of future care, item by item.

Future losses

Proving and paying for the years ahead

  • Life-care planEach future service, how often and for how long, tied to the treating doctors’ opinions.
  • Home and vehicleRamps, wider doors, a bathroom on the main floor, hand controls: priced, not guessed.
  • EarningsYour lost earnings and earning capacity, proved with work records and expert testimony where needed.
  • Care and servicesReasonable and necessary care at home, documented with the treating doctors; how it is valued is a question of proof.
  • Present valueAn economist turns the future costs into today’s dollars for the jury or a settlement.

Payment over time. After a verdict in a personal-injury or wrongful-death action not governed by article 50-A (medical and dental malpractice), future damages above $250,000, as adjusted under the statute, are entered as a judgment for the present value of an annuity paying in installments (CPLR 5041). It does not govern settlements. Other payments. Collateral sources can reduce economic damages, except life insurance and payments that must be repaid by law (CPLR 4545).

Disability benefits. Social Security requires an impairment expected to last 12 months or result in death that prevents substantial gainful activity; earnings above $1,690 a month in 2026 ordinarily count as such activity for most people, a general indicator rather than the whole test (SSA, definition).

Brick steps with a railing leading up to the porch of a wooden house, between shrubs.

Ordinary steps can become the barrier a life-care plan has to price.

Deadlines

The first deadline depends on the cause

Crash, fall or other accident caused by a person or business
Generally three years (CPLR 214(5)).
A city, county, town, village or school district
Usually a notice of claim within 90 days (GML 50-e), suit within one year and 90 days.
The State
The claim is filed in the Court of Claims and served on the Attorney General within 90 days, unless a timely notice of intention extends the time to file (CCA § 10(3)).
Medical malpractice
Two years and six months, with exceptions (CPLR 214-a).
At work
Employer notice within 30 days and a compensation claim within two years (WCL 18, 28), plus a third-party suit (WCL 29).
A death
Generally two years from the death (EPTL 5-4.1); public bodies add notice rules.

Brain injuries and burns have their own pages: brain injuries and burn injuries.

Published results

Catastrophic injury results

Quoted exactly as recorded: a below-the-knee amputation after a construction injury and two traumatic brain injuries. They are firm-wide results, not predictions, and none is described as arising in a particular county. Over 40 years, the firm has recovered more than $100 million for clients.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.

See the full verdicts and settlements archive
  • $8,000,000

    $8 Million Dollar Settlement — 2nd Department

    Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation.

  • $750,000

    $750,000 Settlement

    Plaintiff injured when telephone pole struck him causing a traumatic brain injury and shoulder injury requiring surgery.

  • $450,000

    $450,000 Settlement

    Our client was traveling straight when defendant ran a stop sign and T-boned our client's passenger side of her vehicle. She lost consciousness at the wheel, suffered from post concussive syndrome and traumatic brain injury (TBI), and a 10cm hematoma above her eye. She required several injections – 4 nerve block, 2 cervical epidurals, and a lumbar epidural. She also sustained a right shoulder tear and was indicated for wrist and shoulder surgery (ultimately did not have either surgery).

Facing a life-changing injury?

Call us early. If a public body may be responsible, a notice can be due within 90 days, and the future-care proof takes time to build.

(516) 227-2662

Questions

Frequently Asked Questions About Catastrophic Injuries

Catastrophic injury? Start with the cause and the care plan

Tell us how the injury happened and what care is needed now. We will identify everyone responsible, the deadlines and the proof the future losses need. Free consultation; no fee unless there is a recovery.

(516) 227-2662

What to bring

  • Hospital and rehabilitation records
  • Accident, police or incident report
  • Employer details, if hurt at work
  • Bills and a list of help you now need

Photo credits: Access ramp on Broadlea Street by Stephen Craven, CC BY-SA 2.0, cropped and resized.