Legal•Info

New York Brain Injury Lawyer

Call (888) 471-5989 to speak with a personal injury attorney.

Brain injuries can be one of the most traumatic kinds of injuries that a person can sustain. If you have experienced any kind of accident which may have led to a brain injury, whether or not you have experienced any symptoms of brain injury, it\'s important to see a qualified medical professional. After your medical assessment, you should see an attorney as soon as possible, to find out if you may have a valid case.

The brain is a particularly vulnerable part of the body, and does not have the same ability as other parts to heal itself after an injury. Even if the injured person does recover from a traumatic brain injury, it is likely that there will be permanent changes or damages to their cognitive or physical functions. Effects of injury to the brain are more complex, more serious, and more long-lasting that other injuries.

There are several different types of brain injuries and each of them different in terms or severity and rehabilitation ability.

Open head: also referred to as penetrating brain injuries. It is characterized by a break in the skull bone, a bullet wound piercing the skull is a prime example of this type of injury.

Closed head: brain injuries that occur most often as a result of the slamming of the brain back and forth inside the skull, bruising and/ or tearing of blood vessels and tissues are signs of this type of injury. Closed head injuries are completely internal and do not exist outside the skull bone.

Deceleration: injuries occurring as a result of a sudden stoppage in movement that causes your skull to stop and your brain to continue to move. This type of injury results in direct brain damage, due to nerve damage and brain swelling.

Hypoxia: another form of brain injury, it refers to decrease oxygen flow to the brain even if there id adequate blood flow. Asphyxiation, drowning, cardiac arrest, head trauma, carbon monoxide poisoning and anesthesia complications are accidents that can cause hypoxia.

If you have suffered a moderate or severe brain injury, you will also want to consult with an attorney, especially if the injury may have been due to the negligence of another person or entity. Even if you have suffered only a minor brain injury, it might be worth your while to contact an attorney. In some cases, the full extent of the victim\'s incapacitation, or the life-altering effect it has, may not even be understood until years after the initial trauma.

In the state of New York , you have to prove that the person who caused the injury was negligent and failed to use reasonable care. Although there is nothing that can be done to reverse your brain injury, or its devastating effects on your well-being, the culpable parties involved in your accident can be held accountable. If your brain injury can be determined to have been caused by the negligence of another individual or party, you have a right to know. You also have a right to seek financial compensation for that injury—not only for your medical costs and lost wages, but also for any pain or potential long-term effects that stemmed from the brain injury.

In New York, the rule constitutes a joint and severe liability, that makes the person who committed the injury responsible if there were more than 50% damages, regardless of the fact that there may have been other people at fault to a lesser degree. Anyone who is 50% or less at fault is separately liable for only the non-economic damages incurred such as pain and suffering, emotional distress and damage to any family relationships.

In the state of New York , the statute of limitation is three years to file a lawsuit against the individual who caused you injury. If your brain injury lawyer is not able to settle the case with the insurance company, then you will have to file a lawsuit before the statute of limitation runs out.

Under New York law, the person who caused you injury has to pay for your past, current and future estimated medical expenses, time lost from work, including time spent to attend medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability that may be lost due to the injury.