By Dansker & Aspromonte Associates LLP
New York Personal Injury Attorneys Since 1986 | 30 Vesey Street, 16th Floor, New York, NY 10007
Attorneys of record licensed in New York: Paul D. Dansker, Esq. (admitted 1980) | Salvatore Aspromonte, Esq. (admitted 1979) | Douglas E. Hoffer, Esq. | Raymond Maceira, Esq.
Super Lawyers® Selected
Catastrophic Injury Legal Representation in New York Cases
Fighting for Maximum Compensation Since 1986. Contingency Fee: No Cost Unless We Win.
If you or a loved one has suffered a catastrophic or serious injury in New York, you are facing time-sensitive legal decisions. New York’s statute of limitations means missing the deadline to act can permanently bar your right to compensation. The attorneys at Dansker & Aspromonte Associates LLP have represented seriously injured New Yorkers for nearly four decades, recovering over $750 million across cases involving brain injuries, spinal cord damage, amputations, severe burns, and other life-altering conditions.
Important Legal Notice: This page is educational and does not constitute legal advice. New York law is complex. Outcomes depend on the specific facts of each case. Past results described here do not guarantee future outcomes. Consult a qualified attorney licensed in New York for advice specific to your situation.
Proven Results. Representative Cases.
Total recovery of $750M+ includes confidential settlements not reflected in individual case examples. Past results do not guarantee future outcomes.
- $50M Brain damage medical malpractice
- $31M MVA police officer traumatic brain injury
- $21.5M Wrongful death sanitation worker
- $10.3M Pedestrian accident traumatic epilepsy
- $750M+ Total recovered for NY clients
New York Catastrophic Injury Lawyers
Free consultation with an experienced New York Catastrophic Injury Lawyers
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Unfortunately, based on your query, we are unable to assist you at this time. Our firm specializes in serious accidents and negligence cases, such as car accidents, slips and falls, construction accidents, and other accidents that require hospitalization or ongoing treatment.
What Is a Catastrophic Injury Under New York Law?
New York Insurance Law §5102(d) defines a legal threshold that determines when an injured person may sue for pain and suffering damages in motor vehicle accident cases. This threshold distinguishes between minor injuries covered solely by no-fault insurance and serious injuries that permit full civil litigation. The statute establishes nine categories of qualifying injuries, including permanent loss of use of a body organ, significant disfigurement, fractures, and disability lasting at least 90 of the first 180 days after injury. This standard applies specifically to motor vehicle accidents and related tort claims in New York State. Construction accidents, premises liability, and medical malpractice claims follow different legal frameworks and do not require meeting the §5102(d) threshold. For example, a construction worker who suffers a traumatic brain injury in a scaffolding collapse may pursue full damages without demonstrating the motor vehicle threshold, while a driver with the same injury from a car accident must satisfy §5102(d) requirements. Source: N.Y. Insurance Law §5102(d).
When injuries cross from serious into catastrophic involving permanent paralysis, traumatic brain damage, loss of limb, severe burns covering substantial body surface area, or permanent loss of vision or hearing the economic and non-economic damages at stake become extraordinary. These cases require attorneys with documented experience preparing and litigating high-value claims, including the ability to retain credible medical, economic, and life-care planning experts.
New York Serious Injury Categories (N.Y. Insurance Law §5102(d)):
- Death
- 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
- Significant limitation of use of a body function or system
- Medically determined injury or impairment that prevents normal activities for 90 of the 180 days immediately following the injury
Note: This list applies to motor vehicle accident claims. Construction, premises liability, and malpractice claims have different standards. This is educational information, not legal advice.
New York Statute of Limitations: Time Is Critical
WARNING: These Are General Statutory Frameworks Only
The deadlines shown below are subject to numerous exceptions, extensions, and defendant-specific variations. Discovery rules, tolling for minors or incapacity, and agency-specific requirements can significantly alter actual filing deadlines. Missing a deadline may permanently bar your claim. Immediate legal consultation is critical to determine your specific timeframe.
Claim Type
Governing Statute & General Period
General personal injury (incl. construction, slip-and-fall)
CPLR §214 (varies by circumstances)
Medical malpractice
CPLR §214-a (shorter period than §214)
Wrongful death
EPTL §5-4.1 (calculated from date of death)
Claims against NYC / municipal defendants
Strict notice requirements under General Municipal Law §50-e
Motor vehicle (no-fault threshold claim)
CPLR §214 (subject to serious injury threshold)
Compensable Damages in New York Catastrophic Injury Cases
In New York personal injury cases, injured parties who prove negligence may recover two broad categories of damages: economic (financial losses that can be objectively calculated) and non-economic (subjective losses such as pain, suffering, and diminished quality of life). These damage categories apply to New York civil tort claims. Workers’ compensation claims follow an entirely different framework that limits recovery to lost wages, medical expenses and disability, and does not include pain and suffering compensation. For example, a construction worker injured by a falling object may pursue both a workers’ comp claim for wage replacement and disabling use of a body part and a separate personal injury lawsuit against a negligent third party (not the employer) for full damages including pain and suffering. Source: N.Y. Workers’ Compensation Law.
Economic Damages
- Past and future medical expenses
- Rehabilitation and physical therapy
- In-home or residential care costs
- Lost wages and tips (past and future)
- Loss of future earning capacity
- Life-care planning costs
- Adaptive equipment and modifications
- Funeral and burial expenses (wrongful death)
Non-Economic Damages
- Physical pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on spouse/family)
- Psychological injury
How Dansker & Aspromonte Builds Your Catastrophic Injury Case
Catastrophic injury cases in New York are not won through paperwork alone. They require coordinated expert teams, meticulous evidence preservation, and an intimate knowledge of New York-specific procedural rules. The process described below applies to New York civil personal injury litigation. Medical malpractice, workers’ compensation, and federal court claims involve distinct procedural paths. In a typical serious injury case, the process from initial consultation to resolution may take one to four years depending on case complexity, discovery disputes, and whether the matter proceeds to trial or settles in pre-trial negotiations. New York civil discovery is governed by CPLR Article 31; the firm uses its full procedural authority to obtain all relevant evidence from defendants. Source: N.Y. CPLR Article 31.
Step 1: Evidence Preservation & Investigation
We immediately begin preserving evidence before it disappears surveillance footage is routinely overwritten within 30 days, accident scenes change, and witnesses become unreachable. We obtain police reports, EMS records, medical imaging, employer records, and scene photographs. Where applicable, we file spoliation letters to defendants requiring them to preserve relevant evidence under threat of court sanctions. For government-defendant cases, we serve the required Notice of Claim within the applicable window while investigations are underway.
Step 2: Expert Retention & Life-Care Planning
Catastrophic injury cases require credible, independent experts whose testimony withstands cross-examination. We routinely retain neurosurgeons, neuropsychologists, vocational rehabilitation specialists, life-care planners, accident reconstruction engineers, and economic loss experts. In the $50 million brain damage case we resolved, multiple experts documented cognitive deficits, functional limitations, and decades of future medical and care costs building the evidentiary foundation that ultimately compelled settlement.Step 3: Litigation Preparation & Discovery
We prepare every case as if it is going to trial. During the New York discovery phase, we conduct depositions of all parties and witnesses, issue document demands, and retain experts to respond to defense arguments. When opposing counsel delays discovery or fails to produce required materials, we motion the court to compel compliance. This posture signals to defense counsel and insurers that we will not be pressured into an inadequate settlement.
Step 4: Settlement or Trial. Always Trial-Ready.
Most serious injury cases in New York are resolved through negotiated settlement before or during trial but defendants and insurers pay substantially more when they know opposing counsel is prepared and willing to try the case before a jury. We have taken cases to verdict and through appellate courts when necessary. In one pedestrian accident case ($7.8 million), the City of New York appealed the verdict twice and lost both appeals ultimately paying an additional $1.5 million in interest due to the delay.
When You Need a Catastrophic Injury Attorney
Not every accident requires legal representation. But certain conditions strongly indicate that proceeding without an attorney puts your recovery at significant risk. The following guidance applies to serious personal injury claims in New York not minor fender-benders or claims resolved entirely through no-fault insurance. Every situation is unique; this is not legal advice, and consulting an attorney is the most reliable way to assess your specific case.
Consider contacting an attorney immediately if any of the following apply:
- Hospitalization or surgery was required injuries meeting New York’s serious injury threshold almost always warrant legal representation
- Government or municipal defendant involved strict notice requirements can destroy your case if missed
- Disability is permanent or long-term life-care costs and future income loss require expert quantification that insurance adjusters routinely undervalue
- The insurance company denied your claim or made a lowball offer insurers negotiate to minimize payment, not to compensate you fairly
- Multiple parties may be liable construction accidents, multi-vehicle collisions, and product liability cases involve complex fault allocation requiring legal analysis
- You have lost significant income or expect future wage loss economic damages require documentation and expert testimony to maximize recovery
Important about the insurance company: If you were seriously injured, the at-fault party’s insurance company may contact you quickly sometimes before you fully understand your rights. Do not give a recorded statement, do not accept a settlement offer, and do not sign any releases without consulting a lawyer first. Recorded statements and early settlements are tools insurers use to minimize what they ultimately pay you. Route all insurer communications to our office.
Why New Yorkers Choose Dansker & Aspromonte
Since 1986, Dansker & Aspromonte Associates LLP has represented seriously injured New Yorkers in cases demanding the highest levels of legal preparation and courtroom experience. We focus our practice on serious injury cases and carefully evaluate the merits of each potential case before accepting representation. Our representation is available to injured individuals and their families throughout the New York City metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. We do not represent defendants or insurance companies. All four named partners have been selected to Super Lawyers®, a peer-reviewed designation awarded to the top 5% of attorneys in New York.
38+
Years in practice Firm established 1986
$750M+
Recovered for clients Past results do not guarantee future outcomes
No fee unless we win
Contingency representation per N.Y. Judiciary Law §474-a
Free consultation
Available 7 days a week
We have been retained on cases weeks before trial by clients whose prior counsel was unprepared and won. We have appealed adverse decisions and secured reversals. We prepare cases that insurance companies know they cannot afford to take to a New York jury. That preparation, combined with 38+ years of New York practice (since 1986), is reflected in our results. Past results described on this page do not guarantee future outcomes every case depends on its unique facts, evidence, and legal circumstances.
Frequently Asked Questions
How long do I have to file a catastrophic injury lawsuit in New York?
Filing deadlines in New York vary significantly by case type and defendant type. Most personal injury cases including construction accidents, premises liability, and motor vehicle accidents are governed by CPLR §214. However, claims against New York City or other government defendants require strict notice procedures under General Municipal Law §50-e missing these notice deadlines typically bars your lawsuit permanently. Medical malpractice claims follow CPLR §214-a and wrongful death claims are governed by EPTL §5-4.1. These deadlines apply in New York State courts. Discovery rules, tolling provisions for minors or incapacity, and defendant-specific requirements can significantly alter your actual deadline. Immediate consultation is critical to determine your specific timeframe. This is educational information, not legal advice specific to your case.
What does “no fee unless we win” mean in practice?
Can I recover compensation if I was partially at fault for my accident?
Yes. New York follows a pure comparative negligence rule (CPLR §1411), which means you may recover damages even if you were partially at fault your recovery is simply reduced by your percentage of fault. For example, if your total damages are $500,000 and you are found 30% at fault, you would recover $350,000. This rule applies to personal injury and wrongful death claims in New York civil courts. Workers’ compensation claims in New York do not use comparative fault and workers can recover benefits regardless of fault. Insurance companies will aggressively attempt to assign you fault to reduce their exposure. This is educational information, not legal advice.
What is the “serious injury threshold” and does my case meet it?
New York’s serious injury threshold (Insurance Law §5102(d)) applies specifically to motor vehicle accident claims and determines whether you can sue for pain and suffering damages beyond your no-fault benefits. To cross this threshold, your injuries must fall into one of nine statutory categories, including permanent consequential limitation, significant limitation, or disability lasting at least 90 of the first 180 days after injury. This threshold does NOT apply to construction accidents, slip-and-fall cases, medical malpractice, or premises liability claims those can proceed to litigation without meeting §5102(d). Whether your specific injuries meet the threshold is a legal and medical determination that depends on your medical records, treatment history, and expert testimony. Only an attorney reviewing your specific case can reliably assess this. This is educational information, not legal advice.
Free and confidential. No fee unless we win.
Speak With a New York Catastrophic Injury Attorney Today
Time-sensitive deadlines may apply to your case. If a government defendant is involved, strict notice requirements may apply. Do not wait. Contact our office for a free, confidential consultation we advance all case costs and charge nothing unless we recover for you.
Dansker & Aspromonte Associates LLP | 30 Vesey Street, 16th Floor, New York, NY 10007 | Available 7 days
This page is for educational purposes and does not constitute legal advice. Past results described do not guarantee future outcomes every case depends on its unique facts, evidence, and legal circumstances. Consult a licensed New York attorney for advice specific to your situation.