Legal Representation for Traumatic Brain Injury Victims in Queens
A traumatic brain injury (TBI) is a disruption in the normal function of the brain that can be caused by a forceful bump, blow, or jolt to the head or from an object that pierces the skull and impacts the brain tissue. It can range from a mild concussion to severe injury that results in prolonged unconsciousness or amnesia. Living with a TBI can lead to a lifetime of physical, cognitive, emotional, and behavioral changes that can impact a person's ability to function in their everyday life.
If you or a loved one has sustained a TBI, it's essential to seek legal help from a Queens brain injury lawyer as soon as possible. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, is a trusted law firm with over 50 years of experience. We have recovered over $2 billion for our clients. Call us today for a free consultation at (212) 986-7353 and let’s discuss your case.
How Does TBI Occur?
A traumatic brain injury (TBI) is usually caused by a forceful blow or jolt to the head or body or from an object that pierces the skull and enters brain tissue. More severe cases can result in bruising, torn tissues, bleeding, and other physical damage to the brain. It's also possible for a TBI to occur due to traffic accidents, assaults, falls, and accidents at home or work.
It's important to note that TBIs are one of the most common causes of disability and death in adults. Therefore, it is crucial to seek immediate medical attention if you suspect a TBI.
Common Accidents Resulting in TBI
It's critical to seek medical attention right away if you suffer a head injury because symptoms can worsen quickly. Types of accidents that cause TBI include:
- Construction Site Accidents: Construction sites are hazardous environments with a high risk for accidents such as falls from heights, being struck by objects, or accidents involving heavy machinery.
- Car Accidents: High-speed collisions and even low-speed crashes can cause TBIs. The force of the impact can cause the brain to move within the skull.
- Truck Accidents: Due to their size and weight, trucks can cause devastating accidents. A collision with a truck can cause a severe jolt to the head.
- Pedestrian Accidents: If a vehicle hits a pedestrian, the impact can cause the pedestrian to hit their head on the vehicle or the pavement.
- Bicycle Accidents: Cyclists are vulnerable road users, and a fall from a bicycle or collision with a vehicle can cause a TBI.
- Motorcycle Accidents: Motorcyclists lack the protective shell of a car, making them more vulnerable to TBIs in the event of an accident.
- Medical Malpractice Cases: In some cases, a medical professional's negligence can lead to a patient suffering a TBI. The injury may occur during surgery or after if a patient's symptoms are not correctly diagnosed or treated.
- Wrongful Death: In these tragic instances, a TBI could be a contributing factor to a person's untimely death.
Symptoms of Traumatic Brain Injury
Traumatic brain injury symptoms vary depending on the severity of the injury and the area of the brain that's affected, but these accidents are often severe. Any head injury requires immediate medical attention, especially if the patient loses consciousness.
Signs that a patient is suffering from TBI include:
- Headaches
- Dizziness
- Nausea
- Fatigue
- Confusion
- Loss of motor control
- Sensitivity to light or sound
How Is Liability Determined Following a Queens TBI Accident?
Liability in TBI cases is usually determined based on negligence or recklessness. If a person or entity failed to act reasonably under the circumstances and that failure led to the accident causing the TBI, they could be held liable. This involves gathering evidence, consulting with experts, and building a strong case to prove fault.
In traumatic brain injury cases, establishing the concept of duty of care is a foundational step in determining liability. Duty of care refers to the legal obligation one party has to avoid causing harm to another. In the context of TBI, this could mean a driver adhering to traffic laws, a construction company ensuring the safety of its worksite, or a sports organization implementing proper concussion protocols.
When this duty is breached and harm results, the responsible party may be considered negligent. It is the responsibility of the injured party's legal representation to demonstrate that the duty of care existed, was breached, and directly caused the TBI. This concept is critical because it sets the stage for the legal argument that the injury could have been prevented if the responsible party had acted with proper care.
The Long-Term Costs and Consequences of TBI
A traumatic brain injury will disrupt your world. You may not be able to resume your career, and you may require extensive medical treatment and assisted living care for the rest of your life.
Physical limitations caused by TBI include loss of motor function, so you may have to depend on mobility aids such as walkers and wheelchairs. TBI causes diminished cognitive function, impairing memory, reasoning skills, and the ability to concentrate and solve problems. The strain of coping with these changes can lead to depression and anxiety. TBI may also cause personality changes, including mood swings, anger, irritability, and reduced impulse control.
The physical and emotional toll of TBI makes everyday living a lot more difficult, and it puts a heavy strain on relationships with family and friends. The financial burden of ongoing medical treatment and personal care combined with the potential loss of income may also be overwhelming.
Other common catastrophic injuries include spinal cord injuries, severe burns, and amputations. Victims of these injuries may be eligible for compensation to cover medical bills, lost wages, and pain and suffering.
How Can a Queens TBI Attorney Help?
An experienced Queens personal injury attorney can help TBI victims navigate the complex legal process of filing a claim for compensation. Your attorney can gather necessary evidence, consult with medical experts, and negotiate skillfully with insurance companies.
Insurance companies are in the business of saving money and will likely make you an offer that does not cover the full extent of your financial, physical, or emotional damages. An experienced TBI attorney can calculate the total cost of your damages, fight for the most favorable outcome on your behalf, and help you obtain maximum compensation.
Investigating the Accident and Seeking Compensation
The lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP will investigate the accident and file a claim against anyone who committed an act of negligence that contributed to your injuries. The investigation phase is vital in building a robust TBI case. WRSMH will gather pertinent details to establish the facts of the case. This may include collecting police reports, accident scene photos, medical records, surveillance and dashcam footage, and eyewitness accounts of the event. The goal is to piece together a timeline and determine the cause of your injuries.
If the other side refuses to make a reasonable settlement offer, WRSMH is always prepared to take them to trial to get you the money you deserve. This part of the legal process begins with discovery, where both sides exchange information. Our lawyers will explore the evidence and prepare for potential settlement negotiations or trial. For TBI victims, a thorough investigation and discovery process is essential to uncovering the truth and proving negligence.
As the trial proceeds, WRSMH will continue to negotiate with the defense or their insurance company to reach an agreement on the compensation amount. Our skilled attorneys will use the evidence we gather during the investigation and discovery phases to argue the value of your claim.
When settlement negotiations do not yield a satisfactory outcome, a traumatic brain injury case will proceed to trial. Both sides will present their case before a judge or jury. The trial will include opening statements, witness testimony, cross-examinations, and closing arguments. The court will then announce its verdict.
When WRSMH files a claim or lawsuit for TBI accident injuries, it includes the following types of damages:
- Current and future medical expenses
- Pain and suffering
- Lost wages
- Rehabilitation
- Medical devices
- Reduced quality of life
- Medications
- Reduced earning potential
- Occupational therapy
- In-home nursing care
- Wrongful death
Your Trusted Queens Personal Injury Lawyers
If you or a loved one has suffered TBI due to negligence or wrongdoing by another person, the Queens brain injury attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, are here to help. We have been recognized by Super Lawyers and the Million Dollar Advocates Forum for our dedication to excellence and outstanding success.
Our Queens firm appreciates the unique circumstances of each case and is dedicated to meeting the needs of every client. Don't hesitate to reach out. Call us today at (212) 986-7353 to schedule a free initial consultation.