New York Serious Injury Lawyers Proudly Serving the Bronx
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 Bronx 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 Bronx catastrophic injury lawyer. 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.
Catastrophic Injury Claims We Handle
The Bronx 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
- 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 Bronx 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.
View Our Verdicts & Settlements
How Our Bronx Catastrophic Injury Lawyers 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 Bronx 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.
Investigating the Cause of Your Catastrophic Injury
Our catastrophic injury attorneys in the Bronx can handle all aspects of your claim while you focus on recovery. This includes:
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:
- Photographs
- 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 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.
Verdicts and Settlements
$775,000 - Wrongful Death
For the wrongful death of car accident victim who died while being prepared for emergency surgery.
$500,000 - Inadequate Building Security
To a married couple, tenants of high rise condominium against a parking garage maintenance company for 1994 sexual assault upon the wife by a trespassing assailant while the plaintiff was walking to her car to go to work.
$1,067,000 - Truck Collision
To a female truck driver who suffered fibromyalgia following a multi-vehicle accident.
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 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 Bronx 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 Bronx 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.
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
- Disability
- 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.
I am writing this review on behalf of my mother, Darlene LaVella, who does not have a Facebook. ‘Chris DiGiralamo was an excellent advocate in my negligence case. His confidence, professionalism and kindness made this difficult process easier for my husband and myself. The same for his support team. Marisol Suarez was always there via phone, email or text helping me to navigate the difficulties of Workers Comp in addition to the negligence case and Karen Sanchez, who recommended the firm to me, was invaluable in helping with video & pictures. I thank you all here, publicly, and recommend this firm highly for any legal needs.’
It was a pleasure having Maggiano, DiGirolamo & Lizzi take on my case. After a car accident left me jobless for several months, they helped get me back on my feet. They went above and beyond the call of duty!
Nothing but praise for Maggiano, DiGirolamo, and Lizzi. I have never seen such a fantastic display of teamwork at all levels of the firm. (As an aisde, everyone one who works at the firm was extremely courteous and kind – character traits that one would not typically associate with a law firm. )
Furthermore, the legal results brought about by Mr. Maggiano’s tireless litigation efforts on our behalf were very fair and just. If you ever find yourself in a car accident, be sure to consult Maggiano, DiGirolamo, and Lizzi.
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 Bronx 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 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.
Frequently Asked Questions
What Should I Do After Suffering a Catastrophic Injury in the Bronx?
The accidents that cause catastrophic injuries are difficult to foresee. When they do happen, you may be reeling in shock or pain. That’s why we have laid out the ideal steps to take following an accident–but know that your health should always be your first thought after an injury.
The following are the recommended steps to protect yourself and your potential claim after an accident:
1. Seek Medical Attention
Whether in a car accident or falling on a construction site, you must first consider your safety and well-being before anything else. No matter how severe your injury, you must be seen by a medical professional. Call 911 or go to the nearest ER immediately if it is an emergency.
2. Document Everything
If and when you are able, take photos or video of your injuries, the scene, and any contributing factors.
3. Report the Accident
Report your injury to the appropriate people/entity, depending on the circumstances. In a car accident, call the police. For a workplace incident, alert your employer or supervisor. In a slip and fall at the grocery store, inform management. And so on.
4. Gather Evidence
This step is imperative to your legal claim. Talk to witnesses, get medical records and bills, document correspondence with insurance companies, employers, other drivers, etc. In assembling a solid case, evidence is key.
5. Keep Everything
Keep anything related to your accident or injury in case you need to use it later when pursuing compensation. This could include bills, treatment plans, prescriptions, and more.
6. Contact a Bronx Catastrophic Injury Lawyer
While you or your loved one is dealing with a debilitating injury, you’ll need the assistance of catastrophic injury attorneys to explore your legal options. If there is a negligent party responsible for your injuries, you deserve the compensation you will need to recover without worrying about financial ruin.
Following these steps to the best of your ability will help protect your health and legal claim. The attorneys at Maggiano, DiGirolamo & Lizzi will be assets at this time, guiding you through the legal process to the justice you deserve.
What If I'm Partially at Fault for My Injury?
New York follows a pure comparative negligence rule. This means that even when you are partially at fault for the accident that caused your injury, you may still recover damages. However, the damages you receive will be reduced by the percentage of your fault. For example, if you are in a car accident and are found to be 30% responsible, your compensation will be reduced by 30% ($300,000 becomes $210,000).
In cases of shared liability, it is even more important to seek the assistance of an experienced catastrophic injury attorney. They can ensure you are not accepting any undue liability.
How Much Can You Sue for Pain & Suffering In New York?
In the Bronx and greater New York, there is no specific cap on how much you can sue for pain and suffering in a catastrophic injury case. The compensation awarded for pain and suffering depends on the circumstances of your injury. Contributing factors include:
- The severity of your injuries
- The impact on your quality of life
- The duration of your recovery
- Emotional distress caused by the injury
- Physical pain endured
- Any permanent disabilities resulting from the injury
Consulting a catastrophic injury lawyer will give you a better idea of the viability of your claim for pain and suffering and the amount you may be able to sue for.
Is It Better To Accept a Settlement Offer?
Not necessarily. Lawsuits are long and drawn out with no guarantees. Settlements, on the other hand, can be quicker and cost everyone a lot less time and money. Accepting a settlement offer can be a better option if it fairly compensates you for your losses. However, you should never rush into a decision. Instead, discuss your options with an attorney.
Insurance companies often try to settle for less than your claim is worth. They are more concerned about their bottom line than your well-being. If they aren’t willing to cover your losses appropriately, it may be worth it to take the matter to trial. Your lawyer will be able to help you weigh your options and come to the optimal decision.
How Much Does It Cost to Hire Our Catastrophic Injury Attorneys?
At Maggiano, DiGirolamo & Lizzi, we don’t get paid unless we win your case. We work on a contingency fee basis. That means you don’t have to worry about paying anything up front.
We believe in justice and that every person deserves to obtain it. You will only pay if we successfully recover compensation in your case. Our fee will then be a percentage of your settlement or award. That way, you get to focus on your recovery while we fight for your rights.
Remember, your initial consultation with our catastrophic injury attorneys is always FREE. Schedule a case evaluation today to see if you have a viable claim.
How Can You Help Your Case?
We are constantly inspired by the strength and resilience of our clients. That’s one of the reasons we do everything we can to support them while they focus on their injuries. Still, there are a few steps you can take to help with your case if you are able:
- Document Everything: Keep detailed records of everything, including medical bills and records, lost wages, correspondence with insurance companies, etc.
- Follow Medical Advice: Attend all appointments and follow your doctor’s advice and treatment plans to avoid compromising your case.
- Preserve Evidence: Gather any evidence you can from the accident scene, including photos and video, witness accounts, police reports, etc.
- Avoid Discussing or Posting About the Case: Stop yourself from discussing your case with anyone but your lawyer. Refrain from posting anything at all on social media for the time being. Insurance companies will take any opportunity to misconstrue something you’ve said to use to their advantage.
- Work Closely with Your Catastrophic Injury Lawyer: Be open and honest with your attorney about everything; that way, they can best fight for you. Provide them with all accident-related documents and evidence, and keep them updated on your treatment and changes in your medical status.
Being active in your own claim will strengthen your case and improve your chances of receiving fair compensation. Contact Maggiano, DiGirolamo & Lizzi today to evaluate your claim and discuss your options.
Contact a Bronx 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 Bronx catastrophic injury attorney. Our personal lawyers serve clients in Manhattan, Brooklyn, The Bronx, Queens, and Staten Island, and other areas of New York.
