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Our Notable Catastrophic Injury Lawsuits
Catastrophic Injury
$8.0 Million Settlement
A 50-year-old woman suffered severe neurological deterioration due to a neurologist's failure to diagnose paraneoplastic neurologic syndrome despite initial suspicions. The jury ultimately awarded $8,004,000 in damages.
Catastrophic Injury
$7.5 Million Settlement
Managing Partner Bradley Zimmerman and Partner Chris Nyberg secured a $7.5 million settlement for an infant who suffered brain damage at birth due to the obstetrician's failure to perform a timely emergency C-section.
Catastrophic Injury
$1.5 Million Settlement
Our firm obtained a $1.5 million medical malpractice recovery for a 35-year-old man who underwent unnecessary orthopedic surgeries for Chiari 1 Malformation, resulting in catastrophic complications that included brain damage, quadriplegia, and loss of swallowing function.
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What Is Considered a Catastrophic Injury?
Catastrophic injuries are severe, life-altering injuries that often result in long-term or permanent disability. While New York law doesn't provide a specific definition for the term, these cases typically fall under the "serious injury" threshold outlined in New York Insurance Law § 5102(d).
In New York, serious injuries include:
- Dismemberment
- Significant disfigurement
- 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
- A significant limitation of the use of a body function or system
- Medically determined injury or impairment preventing the injured person from performing substantially all of their usual activities for at least 90 of the 180 days following the injury
If you’re unsure whether your injury meets this threshold, a qualified personal injury attorney can work with your healthcare providers to make the determination.
How Our Brooklyn Catastrophic Injury Attorneys Can Help You
At Jacob D. Fuchsberg Law Firm, we offer a comprehensive approach tailored to the specific needs of Brooklyn residents. Here’s how our process works:
Thorough Evidence Gathering
We quickly identify and secure necessary evidence, leveraging our relationships with local law enforcement and first responders to obtain detailed accident reports.
Professional Collaboration
We engage local medical, urban planning, and economic professionals to get more insights about your case and protect your financial health.
Strategic Negotiation
We leverage our extensive knowledge of New York injury law and our experience with local cases to pursue settlements that fully reflect the impact of catastrophic injuries on our clients' lives.
Courtroom Readiness
While we always strive for fair settlements, we prepare every case as if it will go to trial in a Brooklyn court. This ensures that we maintain a position of strength throughout the legal process.
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Common Causes of Catastrophic Injuries in Brooklyn, NY
Brooklyn's unique urban landscape and diverse communities combine to create various scenarios that can lead to catastrophic injuries. Some of the most common causes we encounter include:
Car Accidents
Traffic on Brooklyn's congested streets and highways contributes to severe collisions that often result in injuries. These accidents frequently occur due to distracted driving, speeding, or driving under the influence.
Construction Accidents
With Brooklyn's ongoing development, construction site accidents are a significant cause of catastrophic injuries. Falls from heights, equipment malfunctions, and structural collapses can all lead to severe, life-changing injuries.
Medical Malpractice
Errors by healthcare professionals in Brooklyn's hospitals and medical facilities can have catastrophic outcomes. Surgical mistakes, misdiagnosis, or medication errors can cause permanent, debilitating conditions.
Birth Injuries
Negligence during prenatal care or the delivery process can lead to devastating injuries to newborns. These injuries can have enduring consequences for both the child and the family.
Premises Liability
Unsafe conditions in Brooklyn's many buildings, public spaces, or private properties can increase the risk of severe accidents. Inadequate security, poor maintenance, and hazardous conditions, for instance, can open the door to catastrophic injuries.
Product Liability
Defective products, from household appliances to vehicle components, can injure unsuspecting users. Manufacturers, distributors, or retailers may be held liable for the harm their faulty products cause.
Our legal team has extensive experience with these sorts of scenarios. We know how to build strong, comprehensive cases tailored to the specific circumstances of our clients’ injuries.
Catastrophic Injury Cases We Handle in Brooklyn
Our seasoned catastrophic injury lawyers in Brooklyn handle a wide range of severe injury cases. We pride ourselves on providing personalized attention to clients who have suffered the following types of injuries:
Traumatic Brain Injuries (TBIs)
TBIs can result from various incidents, including falls, car accidents, and workplace injuries. They often lead to long-term cognitive impairments that affect memory, concentration, and emotional regulation. Our legal team works with neurologists and life-care planners to ensure that the resulting compensation covers all aspects of recovery and future care.
Burn Injuries
Brooklyn's industrial areas and densely populated residential neighborhoods can be sites of severe burn accidents. We routinely represent victims of fire accidents, chemical burns, and electrical burns, seeking compensation for multiple surgeries, rehabilitation, and the emotional trauma associated with disfigurement.
Spinal Cord Injuries
Spinal cord injuries can arise from motor vehicle accidents, construction falls, or diving accidents, among other causes. We fight for compensation that covers not just immediate medical costs but also long-term care needs, home modifications, and assistive technologies.
Paralysis
Injuries that cause severe trauma to the brain or spinal cord often lead to partial or complete loss of motor function and sensation. We represent clients with various forms of paralysis, including paraplegia (affecting the lower body) and quadriplegia (affecting all four limbs).
Amputations
Losing a limb due to a workplace accident, medical error, or severe trauma is a waking nightmare. Our attorneys aggressively pursue comprehensive compensation to cover prosthetics, rehabilitation, and the profound life changes that accompany limb loss.
Our unmatched abilities in these areas ensure that we're well-equipped to handle the most complex catastrophic injury cases. We’ll work tirelessly to obtain the compensation you need to rebuild your life.
Don't Let a Catastrophic Injury Define Your Future
Your life may have been changed forever, but your story doesn’t have to end here.
At Jacob D. Fuchsberg Law Firm, we understand the unique challenges catastrophic injury victims in Brooklyn face. Contact us now for a free, confidential case evaluation. Together, we'll chart a path toward a brighter tomorrow.
Schedule Your Free ConsultationWho Can File a Claim After a Catastrophic Injury in Brooklyn?
In personal injury cases, the victim typically has the right to file a legal claim. If they’re incapacitated, a family member or legal guardian may file on their behalf. In cases where the injury results in death, the personal representative of the deceased's estate may pursue a wrongful death claim.
It's vital to consult a knowledgeable Brooklyn catastrophic injury attorney to determine which parties are eligible to file the claim and ensure that all legal requirements are met.
Steps to Take After a Catastrophic Injury in Brooklyn
If you or a loved one has suffered a catastrophic injury in Brooklyn, taking prompt action is crucial to protect your rights and strengthen your case. Here’s what you should do:
- Seek immediate medical attention, even if injuries aren't immediately apparent.
- Report the incident to the relevant authorities (e.g., police for car accidents, management for workplace injuries).
- Document the scene if possible, taking photos and collecting witness contact information.
- Avoid discussing the incident on social media or with insurance representatives.
- Keep detailed records of all medical treatments and expenses and how the injury impacts your daily life.
Once you’ve taken these initial steps, contact Jacob D. Fuchsberg Law Firm to start your personal injury claim.
Who Is Liable in Catastrophic Injury Cases?
In catastrophic injury cases, legal responsibility can extend to any number of parties, depending on the circumstances of the accident. Potentially liable parties may include:
- Negligent drivers
- Property owners
- Manufacturers
- Healthcare providers
Multiple parties may also share liability in some cases.
Our seasoned catastrophic injury attorneys will conduct a thorough investigation to identify all potentially responsible parties and maximize your compensation.
Compensation in Brooklyn Catastrophic Injury Cases
Victims of catastrophic injuries in New York may be entitled to significant compensation to cover the costs associated with their injuries. Our skillful attorneys work diligently to secure compensation for:
- Medical expenses (past and future)
- Rehabilitation costs
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Home modifications
- Assistive devices
- Loss of enjoyment of life
It's important to note that New York doesn’t cap damages in personal injury cases, allowing us to pursue full and fair compensation for our clients. Our team works with medical specialists, economists, and life-care planners to accurately assess the full impact of your injuries and fight for maximum compensation.
The Statute of Limitations for Catastrophic Injury Cases in New York
In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, this timeframe can vary based on several factors. For instance, victims must file claims against government entities within 90 days, and medical malpractice cases have a two-and-a-half-year time limit.
Why Choose Jacob D. Fuchsberg Law Firm for Your Brooklyn Catastrophic Injury Case?
Our Brooklyn clients trust us more than any other law firm to handle their legal cases with skill, persistence, and discretion. Here’s why:
Deep Local Roots
We’ve been serving Brooklyn residents for over four decades, giving us unparalleled insight into the borough's legal landscape and community dynamics.
Proven Track Record
We've secured millions in compensation for catastrophic injury victims across the area, demonstrating our ability to handle complex cases successfully.
Personalized Attention
Unlike larger firms, we provide individualized care to each and every client. We’ll take the time to understand and address your unique needs throughout the legal process.
Transparent Fee Structure
We operate on a contingency basis, meaning you don't pay a dime unless we win your case. This arrangement ensures that our interests are aligned with yours for the deserved outcome.