Catastrophic Injury Lawyer Westchester County

Fighting for Justice and Fair Recovery in Westchester

Catastrophic injuries can take an immeasurable physical, emotional, and financial toll. If you’ve been hurt through no fault of your own, our skilled personal injury lawyers will advocate on your behalf, ensuring that you receive the compensation you need to move forward.

Investigating Thoroughly

Our team will leave no stone unturned in gathering the evidence needed to build a strong case, including medical records, accident reports, witness statements, photos, videos, and witness testimonies.

Identifying Responsible Parties

We’ll systematically identify the party responsible for your injury, whether it’s a negligent driver, a reckless property owner, a careless manufacturer, or another individual or entity.

Calculating Your Losses

Your attorney will assess the full extent of your financial and emotional losses, including medical bills, lost wages, pain and suffering, disability, disfigurement, scarring, future medical expenses, and other related setbacks.

Negotiating Aggressively

Our lawyers are skilled negotiators who know how to reach fair settlements with insurance companies. We’ll ensure that you receive the compensation you need.

Litigating Your Case in Court

If we can’t work out a satisfactory settlement, we’re prepared to take your case to court and champion your rights in front of a judge or jury.

Catastrophic Injury Cases We Handle in Westchester, NY

Our team of Westchester catastrophic injury lawyers is equipped to handle a wide range of cases, including the following:

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can result from car crashes, motorcycle accidents, falls, construction accidents, and other mishaps. These are serious cases that must be taken seriously, which requires seeking adequate compensation for medical treatment, rehabilitation, and lost wages.

Spinal Cord Injuries

Spinal cord injuries are often devastating, potentially leading to paralysis, loss of sensation, and other life-altering consequences. We’ll relentlessly pursue the financial aid you need to cover your resulting medical expenses, rehabilitation, assistive devices, home modifications, and lost earning capacity.

Severe Burns

Burns can cause significant pain, disfigurement, and long-term complications. Our firm will hold the responsible parties accountable for their negligence and work to secure comprehensive medical care and compensation to aid your recovery.

Wrongful Death

We represent families who have lost loved ones due to someone else’s negligence. We understand the grief and emotional turmoil you’re dealing with and will do everything in our power to ensure that your loved one’s memory is honored and justice is served.

Other Injuries

Our experience extends far beyond these specific categories. If you're unsure whether your catastrophic injury case falls within the scope of our practice, contact us to request a free consultation. We’re here to help you understand your legal options and seek appropriate relief.

Our Transparent Fee Structure

We know full well how overwhelming a catastrophic injury can be, both physically and financially. You shouldn't have to worry about paying legal fees while you’re suffering the worst effects of your injury.

At Tomkiel & Tomkiel, we believe in doing the right thing for our clients, not lining our own pockets. That's why we work on a contingency fee basis. This means:

• No upfront costs: You won’t pay us anything unless and until we secure compensation for you.
• Shared risk: We're fully invested in your well-being. If we don't win your case, you owe us nothing.
• Aligned interests: We'll work tirelessly to get you the maximum compensation available because our success is tied to yours.

During your complimentary consultation, we'll clearly explain our contingency fee structure so you can focus on your recovery rather than your legal expenses.

Don’t Face the Uncertainty of Your Situation Alone

Contact Tomkiel & Tomkiel for a free, confidential consultation. We're here to help you get through this difficult time by providing unmatched legal services.

Get a Free Case Review

Legal Elements of Catastrophic Injury Cases

Catastrophic injuries often involve complex medical issues and legal challenges. Understanding the following key elements is crucial for building a strong claim:

• Duty of care: The responsible party had a legal obligation to ensure your safety. This duty can vary depending on the situation.
• Breach of duty: The responsible party failed to meet their duty of care, thereby contributing to your injury.
• Causation: A direct link exists between the responsible party’s negligence and your resulting injury.
• Actual harm: You’ve suffered significant economic and non-economic losses as a consequence of the injury.

The specific details of your case, including the specific type of injury, the circumstances surrounding the accident, and the negligent party’s actions, will be crucial for determining the strength of your claim.

Common Causes of Catastrophic Injuries in Westchester

The term "catastrophic injury" encompasses a wide range of severe physical harms and conditions. Catastrophic injury claims frequently arise from situations like:

• Car and truck accidents: Collisions involving motor vehicles often result in severe physical and emotional trauma.
• Medical malpractice: Misdiagnosis, surgical errors, and birth injuries can lead to devastating and permanent consequences.
• Workplace accidents: Misuse of heavy machinery, falls, and exposure to hazardous materials are common causes of catastrophic injuries.
• Construction site accidents: Falls from heights, scaffolding accidents, and falling objects pose major risks to construction workers.
• Slips and falls: Inadequate property maintenance, hazardous conditions, and poor lighting can increase the danger of falls resulting in catastrophic injuries.
• Dog bites: Dog bites and attacks can lead to a host of negative outcomes, including permanent disfigurement.

This is by no means an exhaustive list. Catastrophic injuries can occur almost anywhere for any number of reasons, making it critical to enlist the aid of a knowledgeable attorney to understand your options for taking legal action under the law.

Who Is Liable for Your Catastrophic Injury?

A court may assign liability for catastrophic injuries to various parties, including:

• Negligent drivers: Motorists who operate their vehicles recklessly or carelessly can cause accidents that result in catastrophic injuries.
• Property owners: Proprietors who fail to maintain their properties increase the risk of accidents that end in catastrophic injuries.
• Manufacturers: Companies that produce dangerous or defective products can inadvertently injure consumers.
• Employers: Businesses that fail to provide a safe workplace for their employees put them at risk of being hurt on the job.
• Medical professionals: Doctors, nurses, and other professionals who commit medical negligence open the door to catastrophic injuries and potential lawsuits.

Part of your attorney’s job is to identify all parties responsible for your injury and take appropriate measures to hold them accountable.

Compensation Available in Catastrophic Injury Cases

A catastrophic injury can leave you with sizable financial burdens, in addition to the physical and emotional challenges you're left to face. Our team is dedicated to ensuring that you receive fair compensation to offset your financial losses and improve your chances of recovery.

Here are some of the types of compensation you may be eligible for after suffering a catastrophic injury:

Medical Expenses

We’ll work hard to obtain full compensation for all of your medical bills, including hospital stays, doctor's visits, medication, surgeries, physical therapy, long-term care, assistive devices, and any future treatment or care you may need.

Lost Wages

With our assistance, you stand to recover all wages you’ve lost due to your injury, including current and future lost pay, lost earning capacity, and potential loss of future income.

Pain and Suffering

Catastrophic injuries are characterized by immense physical and emotional pain. We’ll pursue payment for your physical suffering, emotional distress, and mental anguish, as well as their impact on your overall quality of life.

Disability

Compensation may also be available to address the effects of disability, including the cost of ongoing care, assistive devices, and home modifications and your inability to participate in daily activities.

Disfigurement and Scarring

Catastrophic injuries frequently result in scarring and disfigurement. You deserve restitution for the diminishment of your quality of life due to emotional distress, psychological trauma, and the loss of your ability to work or participate in daily activities.

Loss of Consortium

If your injuries prevent you from engaging in intimate relationships or family life, we can seek compensation for loss of consortium.

These are complex legal concepts, and we understand that it might be too much to think about them during such a difficult time. A compassionate attorney from Tomkiel & Tomkiel can walk you through each of the compensation categories in detail and discuss how they might apply to your case.

What to Do After a Catastrophic Injury

Sustaining a serious injury can be a life-altering event, and it's important to act quickly to protect yourself and minimize the damage done. Here’s how.

Seek Medical Attention Immediately

Your well-being should be your highest priority. If you’ve been injured, get to the nearest emergency room or call 911. Prompt medical care is vital for survivability.

Document the Event

As soon as you’re able, begin gathering as much evidence as possible. This includes photos and videos of the accident scene and your injuries and the contact details of anyone who saw what happened. If the police were involved, make sure to obtain a copy of their official report.

Report the Incident

Notify your insurer and the responsible party (your employer, a negligent property owner, etc.) about the accident and your resulting injuries. Keep a record of all of your communications with them, as they may be crucial for substantiating your claim later on.

Contact an Attorney

Finally, reach out to Tomkiel & Tomkiel for a free, no-obligation consultation. Our capable attorneys will guide you through the legal process, uphold your rights, and assist you in seeking the compensation you deserve. Contact us today to learn more about how we can help.

The Statute of Limitations in New York

New York law imposes a strict deadline for filing a personal injury lawsuit known as the statute of limitations. For these cases, you generally have three years from the date of the injury to file a claim.

However, this rule isn’t always straightforward. Several factors can impact the legal timeframe, such as:

• Minor victims: If you were a minor when the injury occurred, the deadline may be extended until your 18th birthday or even longer in certain situations.
• Mental incapacity: If you were unable to understand your legal rights at the time of the accident, the clock may pause until your mental capacity is restored.
• Delayed discovery of injury: If the full extent of your injury wasn't immediately apparent, the deadline may start when you discover or should have discovered it.
• Wrongful death: When a catastrophic injury results in death, the surviving loved ones must file a lawsuit within two years.

The variability of these legal deadlines makes it essential to contact a Westchester catastrophic injury lawyer as soon as possible. Your attorney can help you exercise your rights and ensure that you don't miss your chance to seek the compensation you’re owed.