TBI · Spinal Cord · Amputation · Burns · NYC & Long Island

Catastrophic Injury Lawyer

A brain injury, paralysis, an amputation or severe burns change a whole family’s life, not just one person’s. HaddLegal builds catastrophic injury cases around what the next forty years will actually cost, and prepares every one to be tried in New York courts.
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Randy Haddad, Esq., New York catastrophic injury lawyer and founder of HaddLegal

Written and reviewed by Randy Haddad, Esq., founder of HaddLegal
Admitted to the New York State Bar · J.D., New York Law School · Super Lawyers Rising Stars 2026 · Last updated October 2026

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WHAT MAKES AN INJURY CATASTROPHIC

A Case Measured in Decades

An injury is catastrophic when it permanently takes away something a person can’t get back: the ability to walk, to work, to think the way they used to, or to live without help. These cases aren’t valued by last month’s medical bills. They’re valued by the care, the lost income and the losses the person and their family will carry for the rest of their lives.
That changes how the case has to be built. The insurer will have its own doctors, economists and life care consultants arguing that your future costs less than it does. We answer with treating physicians, life care planners, vocational experts and economists who can prove the full number. We also look early at every insurance policy and every defendant that can pay it.
HaddLegal represents people with catastrophic injuries, and the families caring for them, across Brooklyn, Queens, Manhattan, the Bronx, Staten Island and Long Island. If your loved one did not survive, see our wrongful death lawyer page.
LIFE-ALTERING INJURIES

Catastrophic Injuries We Handle

Traumatic Brain Injury

From concussions with lasting symptoms to severe TBI. Memory, focus, mood and personality changes are often invisible on a scan, so they have to be proven with neuropsychological testing and the people who live with them.

Spinal Cord Injury & Paralysis

Paraplegia, quadriplegia and incomplete cord injuries. These cases require a full life care plan: home modifications, equipment, attendant care and the medical complications that follow for life.

Amputation & Limb Loss

Traumatic and surgical amputations. Prosthetics wear out and must be replaced for life, and the cost of fitting, rehab and replacement belongs in the claim.

Severe Burns

Vehicle fires, electrical injuries, gas explosions and lithium-battery fires. Grafting, scar revision and contracture surgery can continue for years.

Spine Surgery & Disc Injuries

Fusions, laminectomies and failed back surgeries that end careers in physical work. See our herniated disc injury page.

Disfigurement, Vision & Hearing Loss

Facial scarring, loss of an eye, blindness and permanent hearing loss. Significant disfigurement is its own category of serious injury under New York law.
WHERE CATASTROPHIC CASES COME FROM

How These Injuries Happen

The cause decides the law that applies, the defendants who can be held responsible and the insurance available. These are the cases that most often produce catastrophic injuries in New York.
Truck Accidents →

Commercial carriers, federal safety rules, higher policy limits.
Scaffold & Construction Falls →

Labor Law § 240(1) liability for owners and contractors.
Motorcycle Accidents →

No no-fault benefits, so the liability claim carries the case.
Pedestrian Knockdowns →

Head and spinal trauma from vehicles in crosswalks.
E-Bike & Bicycle Crashes →

Riders and delivery workers struck by drivers.
Car Accidents →

Highway-speed crashes on the LIE, BQE, Cross Bronx and more.
Defective Products →

Lithium-battery fires, failed equipment and dangerous designs.
Falls on Property →

Stairway, elevator-shaft and sidewalk falls with head injuries.
BUILDING THE CASE

Proving a Lifetime of Losses

Liability decides whether you recover. In a catastrophic case, proof of the future decides how much. That proof is built by a team, and it starts long before trial.

Life Care Planner

Itemizes every future need, including surgeries, therapy, medication, equipment, home and vehicle modifications, and attendant care, with what each will cost.

Treating Physicians

Neurologists, spine surgeons, physiatrists and burn specialists who connect the injury to the incident and explain the prognosis.

Vocational Expert

Shows what work, if any, remains possible, which is critical for union tradespeople and anyone in physical work.

Economist

Converts the life care plan and lost earning capacity into present-day value a jury can follow.

The serious injury threshold in vehicle cases

In a motor vehicle case, pain and suffering is only recoverable if the injury meets the definition of “serious injury” under Insurance Law § 5102(d). Catastrophic injuries usually fall into one or more of the clearest categories:
  • Dismemberment
  • Significant disfigurement
  • A fracture
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of use of a body organ or member
Construction, premises and product cases have no such threshold. Liability there turns on the Labor Law, the owner’s duty of care, or a design or warning defect.
FINDING EVERY SOURCE OF RECOVERY

Who Pays in a Catastrophic Case

A catastrophic injury can exceed a single insurance policy many times over. The case is often decided by how many layers of coverage and how many responsible parties we can identify.

Primary, excess and umbrella policies

New York’s minimum auto liability limits are low compared with a lifetime of care. Commercial vehicles, contractors and property owners often carry excess and umbrella coverage above the primary policy, and it has to be found and put on notice.

Your own SUM coverage

If the at-fault driver is underinsured, Supplementary Uninsured/Underinsured Motorist (SUM) coverage on your own policy, or a household member’s, may add another layer. SUM claims have their own notice requirements.

Multiple defendants and CPLR Article 16

Under CPLR § 1601, a defendant 50% or less at fault is generally liable for non-economic damages only in proportion to its share. CPLR § 1602 carves out important exceptions, including many motor vehicle cases and Labor Law claims, where full joint liability can still apply. Naming the right defendants matters.

Workplace injuries and “grave injury”

An injured worker generally can’t sue their own employer, but can sue owners, general contractors and other third parties while collecting workers’ compensation. When the injury is a “grave injury” under Workers’ Compensation Law § 11, such as amputation, paralysis, total blindness or a brain injury causing permanent total disability, the defendants can bring the employer into the case, which can add the employer’s coverage.

The City, the MTA and NYCHA

Claims against public entities require a Notice of Claim, generally within 90 days. In a catastrophic case, families are focused on the hospital, and this is the deadline most often missed.
ECONOMIC · NON-ECONOMIC · FAMILY

What Compensation Covers

No honest lawyer can value a catastrophic case over the phone. New York does not cap pain and suffering damages in personal injury cases. Value turns on liability, available coverage and the strength of the proof of future needs.
ECONOMIC

What it will cost

  • Past and future medical and surgical care
  • Lifetime attendant and home care
  • Equipment, prosthetics and home modifications
  • Lost wages and lost earning capacity
  • Lost union pension and benefits
NON-ECONOMIC

What it took

  • Past and future pain and suffering
  • Loss of enjoyment of life
  • Permanent disability and disfigurement
  • Emotional and cognitive harm
FAMILY

What the family lost

  • A spouse’s claim for loss of services
  • Care family members provide
  • Wrongful death damages if the injury proves fatal

Protecting the recovery once you get it

A large recovery raises questions most injury cases never reach. Medicaid and Medicare interests and other liens have to be resolved. Structured settlements and supplemental needs trusts can provide lifetime income and help preserve eligibility for public benefits. After a verdict, CPLR Article 50-B can require that large awards for future damages be paid over time. We plan for this before settlement, not after.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
FASTEST CLOCKS FIRST

Deadlines That Can End a Claim

CLOCK WHAT IS DUE WHEN IT APPLIES
30 DAYS No-fault application Motor vehicle injuries, to the no-fault carrier.
30 DAYS Written notice to employer Workplace injuries, for workers’ compensation.
90 DAYS Notice of Claim The City, MTA, NYCHA and other public entities, under GML § 50-e.
1 YR + 90 Suit against a public entity Under GML § 50-i.
2 YEARS Wrongful death From the date of death, under EPTL § 5-4.1.
3 YEARS Lawsuit Against a private party, under CPLR § 214(5).
When the injured person is a child, infancy can toll the time to sue under CPLR § 208. It does not by itself excuse a late Notice of Claim, which requires the court’s permission. A settlement for a minor must be approved by the court.
FOR FAMILIES

What Families Should Do Now

01

Focus on the medical care

Keep every discharge summary, bill and appointment card. Write down the names of the doctors and the facility.
02

Preserve the evidence

Vehicles, equipment, scaffolds and camera footage disappear within days. A lawyer can send preservation letters right away.
03

Don’t talk to the other side’s insurer

Adjusters call families early, sometimes at the hospital. You don’t owe them a recorded statement.
04

Don’t sign releases or authorizations

A broad medical authorization or an early release can limit the claim permanently. Have a lawyer read it first.
05

Track the 90-day and 30-day deadlines

If a public entity, a vehicle or an employer is involved, the first deadlines run in weeks, not years.
WHY HADDLEGAL

Built to Be Tried

Insurers set reserves on catastrophic claims based on who is on the other side and whether that lawyer will go to trial. We prepare every catastrophic case as if it will be tried in front of a jury.
✓  Direct access to your attorney, not a rotating case manager
✓  Life care, vocational and economic proof built from the start
✓  Every policy and every defendant identified early
✓  Liens, trusts and structured settlements planned before resolution
✓  No attorney fee unless we recover for you
COMMON QUESTIONS

Frequently Asked Questions

What counts as a catastrophic injury in New York?
There is no single statutory definition. The term generally describes injuries that permanently change a person’s life, such as traumatic brain injury, spinal cord injury and paralysis, amputation, severe burns, blindness and significant disfigurement. In vehicle cases these injuries usually meet the serious injury categories in Insurance Law § 5102(d).
Is there a cap on pain and suffering in New York?
No. New York does not cap pain and suffering damages in personal injury cases. Awards are reviewed by the courts for reasonableness, and the value of a case depends on liability, available insurance and the proof of the injury and its future effects.
What if the insurance policy is too small to cover the injury?
Look for every source. That can include excess and umbrella policies, additional defendants such as employers of negligent drivers, property owners or contractors, and Supplementary Uninsured/Underinsured Motorist (SUM) coverage on your own or a household member’s auto policy.
Can I sue if I was catastrophically injured at work?
Workers’ compensation generally bars a lawsuit against your own employer, but you can usually sue property owners, general contractors and other third parties while collecting comp. On construction sites, Labor Law §§ 240(1) and 241(6) often put liability on the owner and general contractor.
How long do I have to file a catastrophic injury claim?
A lawsuit against a private party generally must be filed within three years under CPLR § 214(5). If the City, the MTA or another public entity is involved, a Notice of Claim is generally due within 90 days, with suit within one year and 90 days. Wrongful death claims generally must be filed within two years of death.
Will a settlement affect Medicaid or SSI benefits?
It can. A recovery may affect eligibility for needs-based benefits, and Medicaid and Medicare interests may need to be resolved. Tools such as supplemental needs trusts and structured settlements can help protect benefits and provide long-term income. These issues should be planned before a case resolves.
What does it cost to hire HaddLegal for a catastrophic injury case?
Nothing up front. HaddLegal handles catastrophic injury cases on a contingency fee basis, so there is no attorney fee unless we recover money for you.

Facing a Life-Changing Injury?

The insurer started valuing your future the day it happened. Let us show what it’s really worth. Free consultation, no fee unless we win.

CALL (347) 320-2534

HADDLEGAL · Haddad Law Firm, P.C.
305 Broadway, 7th Floor, New York, NY 10007
Text or call: (347) 320-2534 · Office: (347) 888-9446 · randy@haddlegal.com
Attorney Advertising. This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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