Living through a major accident that results in a life-altering injury brings immediate stress to your physical health and your financial stability. These situations often require years of medical attention and expensive physical therapy while also preventing you from returning to your job or participating in the activities you once loved. Knowing which actions to take in the hours and days after the incident happens makes a huge difference in how well you recover and how you protect your legal rights.
At The Silbowitz Firm in New York City, Mitchell Silbowitz has spent over three decades helping people who are experiencing these overwhelming circumstances. Since 1989, he has successfully handled more than 1,000 cases for individuals across New York City, Long Island, and surrounding counties who have been hurt in car crashes, falls, and construction accidents.
Defining a Catastrophic Injury Under New York Law
A catastrophic injury is generally understood as a physical trauma so severe that it leaves a person with permanent disabilities or long-term functional limitations. These conditions usually mean the person can no longer live the way they did before the incident happened and often requires help with daily tasks or expensive modifications to their home.
Most Common Catastrophic Injury Types
- Spinal cord damage resulting in loss of movement or paralysis
- Brain trauma and severe injuries to the head
- Major burns or injuries from electricity
- Loss of limbs or surgical amputations
- Multiple broken bones or complex joint injuries
- Damage to internal organs
What Usually Leads to These Severe Incidents?
- Crashes involving cars, commercial trucks, or motorcycles
- Incidents on construction sites or at other workplaces
- Products that do not work correctly or equipment that fails
- Falling from high places or slipping on dangerous surfaces
- Fire, explosions, or electrical shocks
- Careless behavior or intentional acts of violence
Get Medical Treatment Immediately
Your physical health is the most important thing to focus on after an accident occurs because some serious issues like internal bleeding or brain swelling do not always show symptoms right away. Getting a full checkup from a doctor is the only way to catch these problems before they get worse and lead to permanent damage. While you are recovering, you should make sure to:
- Go through all suggested tests, including X-rays or MRI scans
- Visit with specialists that your primary doctor suggests
- Keep a folder of every medical bill and doctor note you receive
When you get medical help right away, you are also building a record that shows exactly how the injury happened and how much it has affected your life, which is necessary if you later decide to seek money for your losses.
Keep a Record of the Incident
Having a clear record of what happened will help when you are trying to get money for your medical bills and lost wages from the person who caused the accident. It is helpful to gather as much information as you can while the details are still fresh in your mind and while evidence is still available at the scene. You should try to:
- Take pictures of where the accident happened and your physical injuries
- Hold onto all paperwork from the hospital or your physical therapist
- Keep copies of any messages from your boss or insurance companies
- Get names of people who saw what happened and any police reports
These items help prove who was at fault and show the total cost of the damages you have suffered so that your lawyer can build a strong case for you.
Do Not Talk to Insurance Companies
You might get a call from an insurance worker very quickly after you get hurt, but you should be careful about what you say to them because their job is to pay out as little as possible. They might try to get you to agree to a small amount of money before you even know how long your recovery will take or what your future medical needs will be. It is best to:
- Refuse to give a recorded statement or sign any papers without a lawyer
- Stay off social media and do not post photos or status updates about the case
- Let a legal professional handle the talking so you can focus on getting better
Staying quiet helps make sure you do not accidentally say something that the insurance company can use to lower the value of your claim or deny it entirely.
Speak with a New York Injury Attorney
Finding a lawyer who understands these types of cases can help you go through the legal system and make sure you are treated fairly by powerful insurance companies. Mitchell Silbowitz and his team look into the facts of the accident and work with medical experts to figure out how much money you will need for your future care and your lost ability to work. Our firm can:
- Find out which people or companies are responsible for the injury
- Collect evidence such as videos, reports, and witness stories
- Talk to experts who understand how much medical care will cost over a lifetime
- Deal with the insurance companies and take the case to court if they will not pay
Getting help early on can stop you from making mistakes that might hurt your chances of winning your case later while also giving your legal team more time to find witnesses and evidence.
Compensation You Can Seek for Your Losses
People who suffer a major injury can often get money for many different types of losses, including things you pay for now and things that will cost money in the years to come. These payments might cover:
- Current hospital bills and the cost of therapy
- Future medical bills and changes you need to make to your house
- The money you would have earned if you could still work
- Physical pain and the mental stress of the injury
- The loss of your ability to enjoy your hobbies or your life
In some rare cases where someone was extremely careless, the court might order them to pay even more money as a way to punish them for their actions and to warn others not to do the same thing.
Why Major Injury Cases are Different from Minor Ones
A case involving a life-changing injury is much more difficult than a typical car accident or slip and fall because the stakes are much higher and the medical information is more technical. Because these cases involve such large amounts of money, the other side will often fight harder to avoid paying what is fair, often hiring their own experts to try to prove your injuries are not as bad as they seem. The Silbowitz Firm has the experience needed to handle these large claims and we are prepared to stay with you through every part of the process until your case is resolved.
Common Questions About Serious Injuries
How do I tell if my injury is considered catastrophic?
If your injury keeps you from working or means you will never fully recover your physical abilities, it is likely considered catastrophic. Talking to a lawyer is the best way to see if your specific situation fits this legal category and what your options are for moving forward.
Can I sue if I was hurt while I was working?
Yes, you can usually get workers’ compensation, and you might also be able to file a lawsuit against a third party if someone other than your employer caused the accident, such as a contractor or equipment manufacturer.
What if a bad product caused the accident?
You can file a claim against the company that made the product or the people who sold it if it was dangerous or did not work the way it was supposed to when you were using it.
How much time do I have to start a case in New York?
Most people have three years from the day of the accident to file a lawsuit in New York, but this time can be shorter if your case involves a government entity. If you were hurt by a government vehicle or on government property, you might only have 90 days to start the process, so you should talk to a lawyer right away to avoid missing the deadline.
What should I expect during the legal process?
The process may involve investigation, gathering medical and expert evidence, negotiations with insurers, and potentially litigation. Your attorney will guide you through each step and ensure your rights are protected.
Get Help from The Silbowitz Firm for Your Injury Case
If you or someone in your family is experiencing the aftermath of a major injury in New York, Mitchell Silbowitz is ready to help you stand up for your rights. We understand how hard it is to deal with physical pain while worrying about how you will pay your bills, and we work hard to take that stress off your shoulders so you can focus on healing. Taking action quickly after you are hurt can make a big difference in how your case turns out. Acting fast and finding a team that knows the local laws is the best way to keep your future secure. Call us today at (646) 419-5344 to talk about your situation with a legal team that has been helping New Yorkers since 1989.