Queens Catastrophic Injury Lawyer

A catastrophic injury turns your life upside down. Medical bills pile up, you may not be able to work, and the insurance company is already looking for reasons to pay as little as possible. If you or someone you love suffered a severe, permanent injury in Queens, you need a Queens catastrophic injury lawyer who knows both the law and what it takes to build a case that reflects the full cost of what you are facing. The Orlow Firm has represented seriously injured people throughout Flushing, Elmhurst, Jamaica, and all of Queens since 1982.

Call (646) 647-3398 for a free consultation | Se Habla Español

Construction Accident Attorney | New York Construction Worker Injured" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>

"Catastrophic injury" is not a formal statutory term in New York, but the distinction matters in your case. Under New York Insurance Law § 5102(d), only injuries that qualify as "serious injuries" allow you to step outside the no-fault insurance system and sue the at-fault party for pain and suffering. Catastrophic injuries — paralysis, traumatic brain injury, amputation, severe burns, and organ damage — almost always satisfy multiple "serious injury" categories at the same time.

New York's no-fault system pays up to $50,000 in personal injury protection (PIP) through your own insurer, regardless of fault. For most catastrophic injuries, that amount doesn't cover the first week of hospital care. Once your injuries meet the serious injury threshold under § 5102(d), you have the right to pursue full compensation from the person or party responsible — including past and future medical costs, lost earnings, and pain and suffering.

Catastrophic injury cases carry the highest financial stakes in personal injury law. They require attorneys who know how to work with life care planners and economic experts to show a jury the full, permanent cost of the injury.

Types of Catastrophic Injuries We Handle in Queens

Our attorneys have handled the full range of severe injuries that permanently change our clients' lives.

Traumatic Brain Injuries (TBI)

Traumatic brain injuries range from concussions to severe diffuse axonal injuries, where the brain's internal structures tear under violent force. Research shows that 55% of severe TBI survivors cannot work five years after the injury. The consequences — memory loss, personality changes, difficulty communicating, chronic pain — can be permanent. Our firm has represented TBI survivors in Queens after car crashes, construction accidents, and falls.

Spinal Cord Injuries and Paralysis

Spinal cord injuries are among the most devastating outcomes of serious accidents. According to the National Spinal Cord Injury Statistical Center, approximately 18,000 new traumatic spinal cord injuries occur each year in the United States. Motor vehicle accidents cause 38% of cases; falls account for 32%. Cervical injuries can result in quadriplegia; thoracic and lumbar injuries may cause paraplegia. Lifetime medical and care costs for spinal cord injury survivors frequently exceed $1 million.

Amputations

Losing a limb to a workplace machine, a vehicle crash, or a construction accident creates immediate physical loss and lasting disability. Many people who lose a limb cannot return to their prior career. We work with life care planning experts to calculate the true lifetime cost of an amputation and pursue compensation that accounts for that reality.

Severe Burns

Third- and fourth-degree burns destroy multiple layers of skin and underlying tissue. People with severe burns face surgical reconstruction, skin grafts, extended hospitalization, and a high risk of infection, organ failure, and sepsis. Burn injuries from fires, explosions, chemical exposure, or electrical accidents often cause permanent disfigurement.

Internal Organ Damage

High-impact crashes and construction accidents can rupture or tear internal organs — the liver, spleen, kidneys, or pancreas — with no visible external injury. Internal organ damage is life-threatening and often requires emergency surgery. Long-term complications can affect organ function permanently.

Loss of Vision or Hearing

Traumatic accidents can permanently destroy eyesight or hearing through direct physical impact, chemical exposure, or pressure from an explosion. Complete sensory loss sharply reduces quality of life and earning capacity.

Multiple Concurrent Injuries

High-severity accidents — particularly construction accidents and high-speed vehicle crashes — often cause several injuries at once. A single accident may involve TBI combined with a spinal injury, fractures, and internal damage. Cases with multiple severe injuries need thorough medical coordination and expert testimony.

Common Causes of Catastrophic Injuries in Queens

Knowing how a catastrophic injury happened is the first step toward identifying who is legally responsible.

Construction accidents — Queens has seen years of construction growth in Long Island City, Willets Point, Jamaica, and across the borough. New York Labor Law Sections 240 and 241(6) place strict liability on property owners and general contractors for gravity-related construction injuries. Falls from scaffolding, crane collapses, electrocutions, and being struck by falling objects are among the most common causes of catastrophic injuries in construction. Our firm has recovered millions of dollars for construction workers who suffered life-altering injuries on Queens job sites.

Motor vehicle accidents — The highways crossing Queens — the Long Island Expressway, the Grand Central Parkway, Queens Boulevard, the Belt Parkway — see thousands of serious crashes each year. High-speed collisions involving trucks, commercial vehicles, and passenger cars frequently cause spinal cord injuries, TBI, and amputation. Queens Boulevard, long called "the Boulevard of Death," remains one of New York City's most dangerous roads for pedestrians.

Workplace accidents — Queens is home to major warehousing and distribution operations, the JFK and LaGuardia airport complexes, and numerous industrial facilities. Forklift accidents, machinery entrapment, falls from height, and chemical exposure can all cause catastrophic injuries. Workers' compensation provides baseline benefits, but a third-party lawsuit against a negligent property owner or equipment manufacturer often produces far greater recovery.

Premises liability — Building owners and property managers must maintain safe conditions. Falls from unguarded rooftop areas, open building shafts, or poorly maintained stairways can cause spinal cord injuries and TBI. Our firm has recovered millions in premises liability cases involving catastrophic falls.

Medical malpractice — Surgical errors, anesthesia failures, and missed diagnoses can cause catastrophic outcomes: brain damage from oxygen deprivation, permanent nerve injury, or paralysis after a botched spinal procedure. These cases require expert medical testimony and a working knowledge of hospital standards of care.

Pedestrian accidents — Pedestrians struck by vehicles at speed face some of the worst injuries seen in personal injury law. Queens Boulevard and major crosswalks throughout the borough see serious pedestrian crashes that result in fractures, spinal injuries, and TBI.

Your Legal Rights After a Catastrophic Injury in Queens

How No-Fault Insurance Works — and Where It Falls Short

New York requires drivers to carry personal injury protection (PIP) insurance that pays up to $50,000 in economic losses regardless of fault. For catastrophic injuries, that coverage is almost always exhausted in the first days or weeks of treatment. Once you pass that threshold, you can pursue a lawsuit against the responsible party for full compensation.

The Serious Injury Threshold

To sue for pain and suffering after a motor vehicle accident in New York, your injuries must meet one of the nine categories in NY Insurance Law § 5102(d). Catastrophic injuries — permanent paralysis, permanent loss of a body function, significant and permanent limitation of a body system — meet this standard by definition. Most catastrophic injury survivors face no legal barrier to bringing a full lawsuit for all available damages.

Comparative Negligence

New York uses pure comparative negligence under CPLR § 1411. Even if you were partly at fault for the accident, you can still recover damages. Your award is reduced by your percentage of fault. If you are found 20% at fault, you receive 80% of your total damages. There is no cap on personal injury damages in New York.

Filing Deadlines — These Vary and Some Are Short

• Private parties: Three years from the date of injury (CPLR § 214)
• Medical malpractice: Two and a half years from the incident or end of continuous treatment
• Government defendants (NYC, MTA, NYCHA, NYC DOT): You must file a Notice of Claim within 90 days of the injury, then file suit within one year and 90 days. If you were hurt on a public sidewalk, in a bus accident, or on a subway platform in Queens, this deadline applies.
• Wrongful death: Two years from the date of death (EPTL § 5-4.1)

Missing a deadline ends your right to recover. Call our office the moment a serious injury occurs.

Workers' Compensation and Third-Party Claims

If your catastrophic injury happened at work, workers' comp provides no-fault medical benefits and partial wage replacement. But it does not pay pain and suffering, and benefits are limited. If someone other than your direct employer contributed to your injury — a general contractor, property owner, equipment maker, or subcontractor — you may have a separate personal injury claim that can produce far greater recovery. Under New York Labor Law Section 240, the "Scaffold Law," owners and general contractors are absolutely liable for gravity-related construction injuries. That is why so many construction accident cases at our firm have resulted in seven-figure verdicts and settlements.

What Compensation Can You Recover After a Catastrophic Injury?

Economic Damages

• Medical expenses (past): Emergency transport, hospitalization, surgery, ICU care, specialist visits
• Future medical care: Ongoing treatment, medications, and surgical procedures — often projected over a lifetime
• Rehabilitation: Physical therapy, occupational therapy, cognitive rehabilitation, speech therapy
• Home modifications: Wheelchair ramps, accessible bathrooms, widened doorways, stair lifts
• Assistive devices: Wheelchairs, prosthetics, communication devices, adaptive vehicles
• Home health aides: For people who cannot manage daily activities on their own, around-the-clock care can cost hundreds of thousands of dollars per year
• Lost wages (past): Income lost during treatment and recovery
• Loss of future earning capacity: Often the largest single component of the award for people who cannot return to work

Non-Economic Damages

• Pain and suffering
• Emotional distress and psychological trauma
• Loss of enjoyment of life
• Permanent disfigurement
• Loss of consortium — the injury's effect on a victim's relationship with their spouse and family

Wrongful Death

When a catastrophic injury causes death, surviving family members may bring a wrongful death action. Under EPTL § 5-4.3, recoverable damages include the family's financial losses — funeral expenses and the income the deceased would have earned — along with accrued medical costs. Proposed legislation in New York would add non-economic losses such as grief and loss of companionship, but that change has not yet passed.

For complex catastrophic injury cases, our attorneys work with life care planners and forensic economists to project the full financial impact of the injury over the victim's lifetime. That analysis shapes what we ask for at trial or in settlement talks.

Our Results in Catastrophic Injury Cases

$3,375,000 — A construction worker fell 12 feet from a ladder, sustaining injuries to his neck, back, elbow, and shoulder that required surgery at multiple sites.

$3,000,000 — A construction worker fell from a ladder, suffering a fractured femur and back injuries that required surgery.

$2,600,000 — An HVAC laborer was struck when a drop ceiling collapsed onto him, causing injuries to his back, knees, and shoulder.

$2,474,000 — An undocumented worker was electrocuted on a scaffold, fell, and sustained back and knee injuries requiring surgery. Our firm represented him regardless of immigration status.

$1,200,000 — An 83-year-old pedestrian was struck by a vehicle in Queens, suffering multiple fractures.

$997,997 — A taxi driver was hit head-on by a truck and sustained back injuries requiring surgery.

Prior results do not guarantee a similar outcome.

Queens Resources for Catastrophic Injury Survivors

NYC Health + Hospitals/Elmhurst — Located in Elmhurst, Queens, Elmhurst Hospital is a Level I Trauma Center re-verified by the American College of Surgeons — the highest trauma designation available. It has 24-hour in-house trauma surgery coverage and neurosurgeons who specialize in traumatic brain and spine injuries. The hospital is the main trauma facility for western Queens.

Jamaica Hospital Medical Center — A designated trauma center serving southeastern Queens, Jamaica Hospital provides emergency trauma care for that part of the borough.

Queens County Supreme Court (Civil Term) — Most catastrophic injury civil lawsuits in Queens are filed at 88-11 Sutphin Boulevard, Jamaica. Adam Moses Orlow, our Managing Partner, served as President of the Queens County Bar Association from 2022 to 2023 and knows the Queens legal community well.

Our main office is at 71-18 Main Street in Flushing, close to both Elmhurst Hospital and Queens Supreme Court. If you cannot come to us, we can come to you.

What to Do After a Catastrophic Injury in Queens

Taking the right steps early protects both your health and your legal claim.

1. Seek emergency medical care immediately. For serious injuries in western Queens, go to Elmhurst Hospital's Level I Trauma Center. In southeastern Queens, Jamaica Hospital handles acute trauma. Do not delay or refuse treatment.

2. Follow all medical instructions. Attend every follow-up appointment. A gap in treatment is one of the most common arguments insurers use to reduce injury claims.

3. Document everything you can. Photographs of the accident scene, injuries, and property damage; names and contact information for witnesses; any physical evidence from the scene.

4. Do not talk to insurance adjusters without legal counsel. Insurers move quickly after catastrophic injuries. They may offer a fast settlement before the full extent of your injuries is known. Those early offers almost never reflect lifetime costs.

5. Contact a Queens catastrophic injury attorney right away. Several deadlines start running immediately: the 90-day Notice of Claim if a government entity is involved; evidence preservation before a job site is altered; and early retention of life care planners and accident reconstruction experts.

6. Stay off social media. Insurance companies monitor social media for posts they can use against you.

Call (646) 647-3398 for a free consultation. We can meet you at home or at the hospital if you cannot travel.

Why Choose The Orlow Firm for Your Catastrophic Injury Case

Catastrophic injury cases demand attorneys who have handled them before, who know how to work with medical and economic experts, and who will take a case to trial when the insurance company's offer falls short.

40+ Years Rooted in Queens — The Orlow Firm opened in 1982 and has kept its main office in Queens ever since. We know the courts, the hospitals, the roads, and the construction sites at the center of so many serious injury cases.

Leadership in the Queens Legal Community — Adam Orlow served as President of the Queens County Bar Association from 2022 to 2023. Steven S. Orlow, our founder, graduated from Cornell Law, served as an Assistant District Attorney in Kings County, as Counsel to the Queens County Executive, and as a New York City Council Member-At-Large for Queens County. His government background gives our firm a practical edge in cases involving public entities and city agencies.

A Family Firm — You Work with a Partner — Your case is not passed to a junior associate. At The Orlow Firm, a partner handles your case directly. For catastrophic injury matters, where the stakes are highest, that involvement is not just a selling point — it is what gets results.

No Fee Unless We Win — We handle catastrophic injury cases on contingency. No upfront costs. You pay no fee unless we recover compensation for you.

Se Habla Español — Queens has one of New York's largest Spanish-speaking communities. Our staff serves clients in both English and Spanish.

Frequently Asked Questions: Queens Catastrophic Injury Lawyer

What is considered a catastrophic injury in New York?

In New York, "catastrophic injury" has no formal legal definition, but it describes the most severe injuries — permanent disability, paralysis, traumatic brain injury, amputation, or severe burns. These injuries satisfy the serious injury standard under NY Insurance Law § 5102(d), allowing a full lawsuit beyond no-fault insurance coverage.

What is the difference between a serious injury and a catastrophic injury under New York law?

A "serious injury" is the legal standard under NY Insurance Law § 5102(d) — nine categories including fractures, permanent loss of use, and the 90/180-day rule. A "catastrophic injury" is the most severe subset: permanent paralysis, amputation, or comparable life-altering harm. Every catastrophic injury qualifies as serious, but most serious injuries are not catastrophic.

How much is a catastrophic injury case worth in New York?

The value depends on injury severity, lifetime care costs, and lost earning capacity. Spinal cord injury or TBI cases with permanent disability can produce settlements or verdicts of $1 million to $10 million or more. New York places no cap on personal injury damages. Our attorneys work with life care planners to calculate the full lifetime cost.

How long do I have to file a catastrophic injury lawsuit in Queens?

Most personal injury claims must be filed within three years of the accident (CPLR § 214). If the at-fault party is a government entity — NYC DOT, the MTA, NYCHA — you must file a Notice of Claim within 90 days of the injury. Missing that deadline eliminates your right to recover. Call a Queens catastrophic injury lawyer immediately after a serious injury.

Can I sue for a catastrophic injury if I was partially at fault?

Yes. New York's pure comparative negligence rule (CPLR § 1411) reduces your recovery by your share of fault, but does not cut off your claim. If you are found 30% at fault for a $1 million injury, you recover $700,000. No percentage of fault bars a claim entirely in New York.

Can I file a catastrophic injury claim if the accident happened at work?

Yes. You have both a workers' comp claim and a possible third-party personal injury lawsuit. Workers' comp covers medical expenses and partial wages but not pain and suffering. A separate lawsuit against a general contractor, property owner, or equipment maker can recover pain and suffering and full lost earning capacity — particularly under New York Labor Law Section 240 for construction falls.

What experts do catastrophic injury lawyers use?

Queens catastrophic injury lawyers work with life care planners to project lifetime medical costs, forensic economists to calculate lost earning capacity, medical specialists for permanence testimony, and accident reconstruction experts. That expert support lets us present the full financial impact of a catastrophic injury at trial or in settlement negotiations.

Sources & Official Resources

New York Laws Cited

1. NY Insurance Law § 5102(d) — Serious Injury Definition
2. CPLR § 214 — Three-Year Statute of Limitations for Personal Injury
3. CPLR § 1411 — Comparative Negligence
4. General Municipal Law § 50-e — Notice of Claim (90-Day Requirement)
5. EPTL § 5-4.1 — Wrongful Death: Two-Year Statute of Limitations
6. EPTL § 5-4.3 — Wrongful Death: Damages (Pecuniary Losses)

Statistics Sources

7. NSCISC — Traumatic Spinal Cord Injury Facts and Figures at a Glance (2024)

Helpful Resources

8. NYC Health + Hospitals/Elmhurst — Level I Trauma Center Re-Verification
9. NY Courts — Statute of Limitations Chart

Contact a Queens Catastrophic Injury Lawyer Today

A catastrophic injury puts your whole future at stake. The Orlow Firm has protected seriously injured Queens residents since 1982 — from Flushing and Astoria to Jamaica and Forest Hills. We know what these cases require, and we have the experience to see them through to the results you need.

Call (646) 647-3398 for a free consultation. We work on contingency — you pay nothing unless we win your case.

Se Habla Español | Four NYC office locations | We come to you