Brain injuries can be life-changing and may occur due to a variety of causes, including medical malpractice, workplace accidents, or car accidents. If you or a loved one has suffered a brain injury due to medical malpractice, such as a failure to diagnose or treat a brain condition or an incorrect surgical procedure, it is important to seek legal help to determine if you are entitled to compensation. Our legal team has extensive experience in handling brain injury cases and can help you pursue the compensation you deserve to cover the cost of your medical care, ongoing treatment, and other related expenses. Contact us today for a free consultation to discuss your legal options.
If you or a loved one has suffered a brain injury due to the negligence of another person or entity, you may be entitled to compensation. Brain injuries can have a significant impact on your life and may require ongoing medical care, rehabilitation, and other types of support.
At our firm, we understand the devastating impact that a brain injury can have on your life. Our experienced attorneys are dedicated to helping brain injury victims and their families obtain the compensation they deserve. We have the knowledge and resources needed to build a strong case and hold the responsible party accountable for their negligence.
We handle a wide range of brain injury cases, including those caused by car accidents, slip and fall accidents, workplace accidents, medical malpractice, and more. We will work tirelessly to investigate the cause of your injuries, consult with medical experts, and build a strong case on your behalf.
Our goal is to ensure that you receive fair compensation for your medical bills, lost wages, pain and suffering, and other damages. We understand that brain injuries can be complex and may require ongoing care and support. We will work with you to ensure that you receive the care and support you need to maximize your recovery and improve your quality of life.
If you or a loved one has suffered a brain injury, please don’t hesitate to contact us for a free consultation. You can reach us by calling our office at 855-233-8728 or by filling out our online contact form. We will listen to your story, answer your questions, and provide you with the legal guidance and support you need to move forward.
Most people struggle to afford top-tier legal representation. To ensure equal access to justice, our New York trial attorneys work on a contingency-fee basis. That means you pay us nothing unless we win your case.
Our experienced personal injury attorneys have represented thousands of seriously injured New Yorkers. We are extremely proud of the results we’ve obtained for our clients in excess of $100 million dollars in the New York City Metro area.
If you or a loved one have been hurt as a result of a traumatic brain injury caused by the negligent or reckless act of another, our team of skilled New York brain injury attorneys are here to help. Contact us for a free case evaluation.
At its core, a brain injury is damage that causes either temporary or permanent functional difficulties in the brain, possibly resulting in death. There are a number of different ways to injure your brain, some of which may not be immediately obvious.
There are two broad categories, traumatic brain injuries and acquired brain injuries. Traumatic brain injuries include more obvious ‘impact’ injuries, such as penetrative injuries (an object pierces the skull and enters the brain), contusions (an impact causes localized bleeding on the brain), coup-contrecoup contusions (an impact that causes the brain to slam into the opposite side of the skull, creating a second contusion at the second impact site), diffuse axonal injury (shaking/rotational forces cause tears in various brain structures), and concussion. Acquired brain injuries are caused by oxygen deprivation. They include anoxia (absolute oxygen deprivation, possibly resulting in cell death; can be fatal), and hypoxic brain injury (partial oxygen deprivation, which may also result in cell death; can be fatal).
As brain injuries are so varied, the effects on one’s daily life are equally varied. Brain injuries that cause cognitive deficiencies – for example, anoxia that was not cured before damage to hippocampal (memory-forming) brain structures – may require cognitive therapy, may prevent that person from holding an intellectually demanding job, and may even require social worker aid for fulfilling certain tasks.
Certain brain injuries can affect the emotional systems of the brain, making the affected victim oversensitive and prone to emotional outbursts. This can have long-lasting negative psychological effects on victims and their families. Often, ommonly, brain injuries impede physical abilities. Patients with impaired movement/strength may require the use of canes, wheelchairs, walkers, or other physical aids, reducing the victim’s mobility and quality of life.
Your legal claim depends on the specific circumstances of the brain injury. Slip and fall accidents, motor vehicle accidents, intentional harm (such as a fistfight, or strangulation-induced anoxia), and other impacts usually come under the personal injury or premises liability umbrella, and in some cases there may be a separate criminal action. Disease-induced, toxin-induced, and birth/labor-induced brain injuries are often brought as medical malpractice actions when the blame can be placed on the physicians, nurses, technicians, or hospital for performing below the reasonable standard of care (thereby creating the brain injury, or allowing it to progress).
Depending on the seriousness of your injury, and the extent to which the injury has negatively affected your life, you may be eligible for a substantial damage award. With serious brain injuries, you may require continuing and long-term cognitive/psychological/physical therapy, which may be beyond your financial means. Additionally, your injuries may preclude you from work, or reduce your workplace efficiency to such an extent that your future earnings potential is limited.
The effect of a serious brain injury on, not only yourself, but on your close friends and family, cannot be understated. Brain injuries fundamentally alter relationships and generally increase financial and emotional stresses. A successful lawsuit will, at the very least, help support you financially as you adapt to your injuries.
Though it’s better to bring your claim as soon as possible after the accident, your claim may not necessarily be destroyed. Depending on your state, the statute of limitations may not have run out. You may be able to rely your state’s discovery rule: essentially, the statute of limitations does not begin to run until you actually discover or know about the injury. If you did not bring a lawsuit earlier because you did not realize that you received a brain injury, then your statute of limitations should only begin to run at the date of discovery (when you realized that you had a brain injury).
Some state courts are stricter with their interpretation of the discovery rule, and the applicable standard is whether you knew or should have known about the brain injury. If a reasonable person would have known that they received a brain injury (for example, if you were in a car accident and hit your head against the window), then your lack of knowledge may not extend the statute of limitations. Please contact a qualified brain injury attorney to learn more about your legal options.
In most cases, a victim has up to 2 years from the date of their injury or the date they should have reasonably recognized their injury. The statute of limitations is different for minors and highly nuanced. An experienced brain injury lawyer can help you understand the time restraints on filing a lawsuit for brain injury compensation.
As in many personal injury cases, insurance companies often try to settle early, offering victims far less than they need and deserve. An attorney can help you evaluate the true extent of your injuries and the impact those injuries are likely to have on the rest of your life so that you don’t settle for less than you deserve. In fact, personal injury victims who hire an attorney have been proven to recover greater compensation than victims who do not hire a lawyer, even after attorney fees are factored in.
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