Understanding Catastrophic Injury Claims in New York

 Posted on November 14, 2025 in Personal Injury

While pain is certainly a component of a catastrophic injury, these severe injuries result in more than pain. A catastrophic injury can reshape every single part of your life. Catastrophic injuries can alter your ability to work, live independently, and care for yourself, so they are treated differently from ordinary personal injury claims.

From lifelong medical care and loss of income to emotional trauma and strain on your loved ones, catastrophic injuries require careful legal handling to ensure full compensation. It is important to understand how New York defines catastrophic injuries and how damages are calculated. A highly experienced Metro New York Area catastrophic injury claims attorney can guide you through the necessary steps to rebuild your life after a tragedy.

What is a Catastrophic Injury Under New York Law?

While there is no single statutory definition of catastrophic injuries, courts and insurers classify these injuries as those that cause permanent or long-term disability, disfigurement, or loss of a vital bodily function. Common examples of catastrophic injuries include paralysis, loss of vision or hearing, severe organ damage, amputations, disfigurement, spinal cord injuries, severe burns, and traumatic brain injuries.

New York Law (Insurance Law Section 5102(d)) defines "serious injury" as one that results in significant disfigurement, dismemberment, or a medically determined injury that prevents the victim from performing his or her usual and customary daily activities for at least 90 days out of the 180 days following the accident. Catastrophic injury status can affect how damages and insurance limits apply.

A catastrophic injury could be the result of a motor vehicle accident, a construction or workplace accident, medical malpractice, a premises liability claim, or a defective product. Catastrophic personal injury claims are unlike any other type of claim. Attorneys who handle catastrophic injury claims must prove future damages, coordinate expert testimony, and navigate complex insurance parameters following a life-changing accident.

What Is the Role of New York’s No-Fault and Serious Injury Threshold in a Catastrophic Injury?

The no-fault system in New York requires each driver’s own insurance to pay for initial medical bills and lost wages up to $50,000, regardless of fault. This system is designed to speed up the claims process for minor accidents and reduce litigation for injuries that are not severe.

The "serious injury" threshold allows a victim to sue for damages beyond that initial no-fault coverage, such as pain and suffering. When a catastrophic or severe injury exceeds the threshold, the victim can sue the at-fault party to recover full compensation for both economic and non-economic damages.  

How Do Catastrophic Injuries Affect Damages?

A person who suffers catastrophic injuries could face a lifetime of ongoing medical expenses, multiple surgical procedures, rehabilitation expenses, prosthetics, in-home care, and a total loss of earning capacity. These are known as economic damages. Non-economic damages include emotional distress, pain and suffering (both physical and emotional), and loss of enjoyment of life. These damages are typically significantly higher following a catastrophic injury due to the permanent loss.

Punitive damages are awarded when the negligent party exhibited gross negligence or deliberate or willful actions that led to the accident and injuries. Structured settlements are common in catastrophic cases to ensure lifelong income stability. Comprehensive documentation is critical in catastrophic injury cases, including medical results, physician reports, and vocational assessments.

What is the Statute of Limitations in a New York Catastrophic Injury Claim?

The statute of limitations is the amount of time a victim of an injury has to bring a claim against the negligent party. In New York, the general personal injury statute is three years from the date of the injury. If the catastrophic injury was the result of medical malpractice, the statute of limitations is two years and six months from the date of the injury. Early legal action is critical to preserve evidence and expert testimony.

Contact a Metro New York Area Catastrophic Injury Lawyer

If you have suffered a catastrophic injury in New York, your future may depend on the legal representation you choose. When you have a Metro New York Area personal injury attorney from Ivey, Barnum & O'Mara, LLC by your side, you can rest easy knowing your attorney will aggressively fight for your future. Call 203-661-6000 to schedule your free consultation and discuss your case.