Catastrophic injuries can happen for a variety of reasons including auto accidents, intentional violence, falls, explosions, sports, and occupational hazards. These injuries can be long-lasting, permanently disabling, and involve paralysis or traumatic brain injuries. Additionally, a victim may not be able to return to work and may experience mental anguish.
If you were injured in an accident that was the result of another person’s negligence, a Brooklyn catastrophic injury lawyer could help you or a loved one hold the at-fault party accountable in a lawsuit. By helping you navigate paperwork and legal proceedings, a skilled personal injury attorney could help you obtain fair compensation for your damages.
What Are Pain and Suffering Damages?
Damages for pain and suffering provide compensation for the pain and anguish that the victim experiences after a catastrophic injury. Emotional anguish can include depression, insomnia, anxiety, lack of enjoyment in activities, and even PTSD. These non-economic damages can be difficult to put a value on. Often, a jury will consider various factors when trying to decide on a figure. These include:
How much the plaintiff’s daily routine be limited or altered
Whether the injury will affect relationships at home or in the workplace
Whether the pain or injury will affect sleep or other lifestyle factors
Whether the injury affect the plaintiff in the long-term
Catastrophic injuries can be quite severe, affecting nearly every aspect of the victim’s life and the lives of their family and friends. As a result, these injuries may warrant a large monetary settlement or jury award. Victims who have suffered catastrophic injuries should consult with a seasoned catastrophic injury attorney in Brooklyn to find out how much compensation they may be able to receive.
Pure Comparative Fault Rules in Brooklyn
According to the New York Civil Practice & Law Rules § 4011a, New York is a state that bases liability on pure comparative fault. This means the judge or the jury in a catastrophic injury case assigns a percentage of fault to both the defendant and the plaintiff, if applicable.
For instance, the defendant may have been partly responsible for an accident when driving the wrong way on a one-way road, but the plaintiff was not wearing a seatbelt and increased the severity of their injuries. In this case, each party will likely be assigned a percentage of fault for the plaintiff’s injuries.
The judge or jury may decide that the plaintiff is 60 percent to blame and the defendant is 40 percent responsible. The plaintiff’s percentage of fault will then be reduced from their total monetary recovery. For more information about comparative fault, consult a knowledgeable lawyer.
Contact a Brooklyn Catastrophic Injury Attorney
A Brooklyn catastrophic injury lawyer could help you get the compensation you deserve if you are suffering from a catastrophic injury due to the negligence of another party. Skilled attorneys could help you work towards a fair settlement or even take your case to a jury trial if need be.
Attorneys could advise you as to what a fair settlement amount might be and answer any of your questions so you can reach a favorable outcome. Reach out to today to find out more about your options for legal recourse after a catastrophic injury.