NYC Traumatic Brain Injury Lawsuits: When You Need a Lawyer
File a TBI Claim
Survivors of traumatic brain injuries often face lifelong challenges when learning to cope with permanent damage, such as the loss of various physical and mental abilities. In many cases, a traumatic brain injury (TBI) will also affect the survivor's family and loved ones who may struggle to afford the daily care and medical treatment that is often necessary after such serious damages. The financial costs of living with a TBI can quickly add up and deplete a family's life savings in a short amount of time.
If you or someone you love has suffered a traumatic brain injury due to another's recklessness or wrongdoing, it is well within your rights to seek compensation from the at-fault party. The New York injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLC are dedicated to helping families overcome the incredible injustice of such a devastating injury by the holding the responsible party accountable. Contact us to discuss whether legal action is the right choice for your circumstances.
What Accidents Cause TBIs?
The most causes of TBI include auto accidents, slip and falls, motorcycle collisions, bike crashes, violent crime, and construction accidents. While it may not be possible to prevent all instances of brain injuries, in the event that another person, company, or agency caused a collision as the result of recklessness or wrongdoing, the civil justice system allows the victims or surviving family members to seek financial compensation.
How Can a TBI Impact my Life?
All of the consequences of a traumatic brain injury may not be readily apparent immediately after an injury, which is why a long-term understanding of the impacts of such an injury is important. Depending on the seriousness of the injury and the area of the brain that has been damaged, the results can vary quite a lot. In general, however, certain issues are pretty common after a traumatic injury:
- Difficulty communicating
- Difficulty performing previously routine tasks
- Inability to return to work
- Immediate medical costs for treatment of injury
- Ongoing medical costs for rehabilitation or care
- Additional need for assistance or care from family
- Additional costs for equipment or medical supplies
The financial consequences of a traumatic brain injury can be particularly difficult to manage. The combination of loss of employment and additional expenses for medical bills, treatment, and equipment can be crippling. Even when someone receives disability payments, that is often not enough to fully compensate him or her for the new costs of living. That is why a civil lawsuit against a party that negligently caused a traumatic brain injury is not only reasonable, but often financially necessary.
Why Should I Take Legal Action After a Traumatic Brain Injury in NY?
The thought of filing a personal injury claim or lawsuit after you or a loved one has been seriously injured may seem like an unnecessary hassle, but successful litigation can make a huge impact on your future. With a strong legal representative from WRSH on your side, you may be able to not only hold the responsible party accountable, but you also obtain a significant financial settlement to help cover the costs of the subsequent expenses, such as medical bills, rehabilitative care, lost current and future wages, and funeral costs.
A personal injury claim or lawsuit will also take into account the non-economic losses you may have suffered, including pain and suffering, loss of consortium, and loss of enjoyment of life. A financial settlement may not be able to erase the numerous losses you will experience, but it can go a long way toward making the road ahead a little easier to manage.
Even seemingly minor accidents can inflict severe damage to the human brain due to its highly complex and sensitive makeup.
Do I Have a Strong Case?
Realistically, the answer to that question will depend a great deal upon the specific details of your situation, so call us today at (212) 986-7353 to go over your case and explain your options. In general, however, a few factors can certainly strengthen your case and give you a better opportunity for receiving fair compensation for injuries you or a loved one has suffered.
In order to win a civil case, you typically need to demonstrate that someone else acted negligently and that their negligence directly caused an injury. Negligence arises when a person acts or fails to act in a way that is considered reasonable. For example, if someone steps backwards off a ladder and falls, resulting in an injury, there is no clear indication that someone else was negligent in that situation. On the other hand, if a person sets up a ladder improperly, knowing is it not safe, and another person is injured when that ladder falls backwards due to the improper setup, then there is a clear path of negligence resulting in injury and the first party might be held liable for injuries.
Proving this type of negligence on your own is difficult, which is why having an experienced personal injury lawyer is so important. At Wingate, Russotti, Shapiro & Halperin, LLP we have a great deal of experience with personal injury cases and helping injured parties receive the compensation they deserve.
When Should I File a New York Personal Injury Claim?
Initially, you or your loved one may be too overwhelmed to even consider taking legal action. However, it is important to understand that there is a statute of limitations for filing any injury claim or lawsuit. It is crucial to act as soon as possible and contact an attorney in order to make an informed decision. The sooner you take action, the more evidence there will be of the cause of the crash and the extent of the damages.
I Have Been Contacted by an Insurance Company, What do I do?
One of the most important things to do following a serious accident that causes a traumatic brain injury is to not sign anything offered to you by an insurance company. Even if it is your own insurance company, or one that says it represents you, do not sign anything they give you without first having an experienced personal injury lawyer read it thoroughly. You can easily sign away your rights to a civil lawsuit and additional compensation if you are not careful. While insurance companies usually offer a valuable service, sometimes they can employ predatory practices to minimize their payout.
Once you or a loved one has received proper medical care, then you should call a knowledgeable personal injury lawyer such as those here at Wingate, Russotti, Shapiro & Halperin, LLP. If possible, do not even discuss your case verbally with an insurance company or another lawyer without your own representative present, as you may give them information they can use against you later. An experienced lawyer can protect your rights and act in your interest immediately following an accident and serious injury.
Compassionate, Knowledgeable New York Brain Injury Attorneys
Do not wait to learn more about your legal rights and options after you or someone you love has sustained a traumatic brain injury. While it may not be possible to make a full recovery, you deserve to have justice and compensation. Contact the compassionate NYC injury lawyers at Wingate, Russotti, Shapiro & Halperin, LLP for a free, comprehensive evaluation of your case by calling (212) 986-7353.
- Brain Injury Blogs
- Who Can I Take Legal Action Against for a New York Brain Injury?
- Types of Rehabilitation for Victims of Traumatic Brain Injury
NY Brain Injury Settlements and Verdicts
$16 Million - 2 Brain Damage Cases
$11.1 Million - Traumatic Brain Damage
$10.7 Million - Emergency Room Malpractice: Brain Damage
$10.2 Million - Infant Brain Damage
$6 Million - Birth Injury: Brain Damage
Contact Us: Free Consultation
If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today: