Brooklyn Lawyers Help Traumatic Brain Injury Victims Win Big
Traumatic brain injury (TBI) is caused by trauma to the brain rather than by disease. TBI can be caused by a forceful blow, bump, or jolt to the head or body or by an object that pierces the skull and enters the brain, such as a bullet. Though severe brain injury can have life-altering consequences for victims and their families, the New York Department of Health and the New York City Support Group of the Brain Injury Association of New York provide valuable resources for brain injury victims.
If you have sustained TBI through the negligence of another person, it is in your best interest to seek legal guidance as soon as possible. With over 50 years of experience and more than $1 billion won for clients, the law firm of Wingate, Russotti, Shapiro, Moses & Halperin, LLP, can help.
Contact our experienced Brooklyn personal injury attorneys today at (212) 986-7353.
Types of Incidents That Can Cause Traumatic Brain Injury
Many types of accidents and injuries can damage the brain. Common causes of TBI include:
- Car Accidents: The force of a car crash can cause the brain to strike the hard bone on the inside of the skull, damaging delicate brain tissues and nerves.
- Truck Accidents: A fully loaded 18-wheeler can weigh up to 80,000 pounds or more. In a collision with a big rig, passenger vehicle occupants are likely to suffer serious injuries, including TBI.
- Motorcycle Accidents: Motorcyclists lack the protection of an enclosed vehicle; riders can be ejected from the bike in a collision and sustain blunt force trauma to the head.
- Bicycle Accidents: According to the CDC, an estimated 596,972 patients were treated in emergency rooms for bicycle-related traumatic brain injury during a recent 10-year period.
- Pedestrian Accidents: A pedestrian’s head can be struck by a vehicle or hit the pavement hard in a collision with a 4,000-pound motor vehicle.
- Construction Site Accidents: The construction industry has the highest number of fatal and nonfatal work-related traumatic brain injuries of all U.S. workplaces, as reported by the CDC. Construction workers have a higher risk of TBI because they can fall from roofs, scaffolds, and ladders or be struck by flying or falling objects.
- Medical Malpractice: Doctors and medical practitioners can cause traumatic brain injury through forms of medical negligence like misuse of forceps and vacuum extractors when delivering babies and other negligent incidents.
- Wrongful Death: Traumatic brain injury can be fatal. When a victim dies from TBI sustained in an injury caused by someone else, surviving family members of the deceased may seek justice for their loved one and compensation for their losses in a wrongful death claim.
- Medical expenses
- Rehabilitation expenses
- Long-term care
- Mobility aids and home modifications
- Lost wages or earnings
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of consortium
Importance of Seeking Immediate Medical Attention for TBI
Seeking immediate medical attention for traumatic brain injury (TBI) is critical. Timely intervention can significantly impact the prognosis and long-term effects of TBI. Early treatment can make it easier to manage symptoms and prevent complications like swelling, bleeding, or further neurological damage.
Medical professionals can conduct essential diagnostic tests such as CT scans or MRIs to assess the extent of the injury. Prompt medical attention also creates an official record of the injury, which can be crucial if you decide to file a claim or lawsuit seeking compensation.
Determining Liability in Brooklyn After a TBI Accident
Identifying responsible parties in traumatic brain injury cases is a pivotal step in the legal process. Everyone has a duty of care to avoid behavior that may cause reasonably foreseeable harm to others. A party that fails to provide the appropriate level of care may be liable when their actions cause injury to another person.
In brain injury cases, liable parties may include an intoxicated driver who runs a red light, employers who fail to provide adequate fall protection for construction workers, and manufacturers of defective products that harm people when used as directed.
The skilled trial attorneys at WRSMH can conduct a thorough investigation to find out who’s liable for your injuries. This process may include gathering evidence, interviewing witnesses, consulting with experts, examining medical records, reviewing police reports, and obtaining surveillance camera and dash cam video.
Long-Term Consequences of Traumatic Brain Injury
The long-term consequences of a traumatic brain injury (TBI) can be devastating. TBI patients experience severe symptoms that may include chronic pain, loss of motor skills, and persistent headaches.
The cognitive effects of TBI are also often severe. This may include memory loss, diminished concentration, difficulty speaking, and impaired decision-making abilities. Meanwhile, the emotional impact of the injury may include mood swings, anxiety, depression, and changes in personality.
In a lot of cases, TBI victims are unable to resume their careers, and many day-to-day activities they enjoyed before the accident are no longer possible. Individuals with TBI may likewise require several rounds of medical treatment and a lifetime of assisted living care.
Understanding the Legal Process for TBI Accident Victims
An important first step in the process of pursuing compensation for a traumatic brain injury is the initial consultation. This meeting allows your attorney to understand the circumstances and provide preliminary legal advice.
After we investigate your accident, we can file a claim against anyone whose negligent behavior contributed to your injuries. This legal document outlines the facts of the case, identifies the defendants, and lays out the damages you are seeking.
Once the claim is filed, the discovery phase begins. During discovery, both parties exchange information and gather evidence to support their positions. Discovery frequently includes depositions and requests for documents.
After the discovery phase, the plaintiff’s legal representatives may frequently engage in settlement negotiations with the defendant or their insurance company. The goal is to reach an agreement that provides fair compensation without the need for a trial. During negotiations, both sides present their evidence and arguments, and skilled attorneys advocate for the injured party's best interests.
If a settlement cannot be reached, the case will proceed to trial. At trial, both parties present their evidence and arguments before a judge or jury. The trial process is more formal and involves opening statements, witness testimonies, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict.
Compensation in Brooklyn for Victims of Brain Injuries
When an accident is caused by negligence or wrongdoing, injury victims are entitled to hold responsible parties financially liable. Common damages in severe traumatic brain injury claims include:
Contact Our Injury Lawyers in Brooklyn for Legal Support After a TBI
Our experienced Brooklyn brain injury lawyers can investigate your accident to determine fault and liability and secure evidence to support your claim. We can build a strong case based on the facts, assess the full extent of your losses — past, present, and future — negotiate skillfully with insurance companies on your behalf, and fight effectively for the compensation you are entitled to receive.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we also work closely with doctors and other professionals to meticulously prepare TBI cases for the courtroom. Our firm has been AV® rated by Martindale-Hubbell®, named among New York Super Lawyers®, and awarded membership in the Million Dollar Advocates Forum.
If you or your loved one has suffered a TBI that was someone else’s fault, find out how our traumatic brain injury attorneys in Brooklyn can help. Contact us (212) 986-7353.