A traumatic brain injury, or “TBI” is among the most challenging of all physical damage. A full recovery may not be achievable, leaving the injured person facing a future with physical, emotional, and cognitive damage. Many people who have TBI will require long-term medical care and treatment – at high cost. If the traumatic brain injury occurred due to the negligent or reckless acts of another party, a claim or lawsuit can be filed against the at-fault party.
For assistance to seek compensation after a traumatic brain injury, the first step is a free consultation with a Manhattan personal injury lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. Call us at (212) 986-7353 to discuss the facts in your case.
A traumatic brain injury is the result of a violent impact on the head or body. A TBI can be a minor concussion, after which a victim can recover, but TBI can lead to extremely severe permanent disabilities, coma, or a vegetative state. When the blow to the head occurs, it can cause nerve damage, brain bleeding, brain damage, and result in a lifetime of challenges. In many cases, a victim of this type of injury will be living with mental, physical, emotional, and cognitive challenges that will never be resolved, and often require professional care for a lifetime.
Some of the most common causes of traumatic brain injuries occurring in Manhattan include:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Medical malpractice cases
When a person has been the victim of an act of negligence, the party responsible for the act could be held liable in a personal injury claim or lawsuit. To determine liability, a wide scope of evidence must be reviewed and evaluated to determine who was at fault. The evidence may involve police reports, video data, eyewitness testimony, medical reports, and accident scene investigations to establish who was liable in an accident. Once the facts reveal that one party acted in a negligent manner, a legal case can be brought to seek full and fair compensation – which is often needed to pay for the care and support of a person who is suffering severe challenges, and will be for the long term, or a lifetime.
The cost of caring for a person who has suffered a traumatic brain injury can include:
- Cost of emergency care after the accident
- Costs of hospitalization
- Surgical costs
- Cost of rehabilitation
- Costs of care in an assisted living facility
- Skilled nursing care
- Costs associated with in-home care (home remodels, equipment, etc.)
These costs do not reflect the impact on a family’s finances. When cared for in a home setting, a family member may no longer be able to work and earn a paycheck, leading to a significant downturn in the family’s overall financial health. The types of compensation that can be pursued in a personal injury claim or lawsuit include:
- Economic losses: The financial losses associated with the accident, including medical costs, rehabilitation, nursing, medications, medical equipment, home remodels, transportation, lost wages, lost earning capacity, and all current and future financial losses.
- Non-economic losses: Often one of the larger portions of a settlement or jury award, these damages include pain and suffering, loss of quality of life, emotional anguish, and other very personal losses associated with a TBI.
After a loved one has suffered a traumatic brain injury, engaging the services of a Manhattan brain injury lawyer to manage all legal aspects of the case could be the best decision you have ever made. The amount of compensation pursued by your legal representation is typically far more than any offer from an insurance company. Insurance companies are profit-oriented, not humanitarian organizations. With the help of an attorney with top litigation skills, the injured person can have the resources necessary to provide the best quality of life, under the circumstances.
Contact Wingate, Russotti, Shapiro, Moses & Halperin, LLP at (212) 986-7353 for a free case evaluation.