Advocating for Traumatic Brain Injury Victims in Staten Island
Every day in the state of New York, nearly 157 brain injuries result in hospitalization or death, as reported by the New York Department of Health. Traumatic brain injury (TBI) causes more than 2,200 deaths, 38,000 emergency room visits, and 17,000 hospitalizations among New York residents every year. TBI is a common injury in Staten Island due to motor vehicle collisions, falls, assaults, and other incidents. The age groups with the highest risk are young children, young adults, and the elderly.
If you or your loved one has suffered traumatic brain injury through someone else's negligence, call the Staten Island brain injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, for exceptional legal counsel. Our personal injury firm has successfully represented negligence victims for over five decades.
Our attorneys have been recognized by Super Lawyers and serve as members of the New York State Trial Lawyers Association, which fights for the rights of injured New York citizens. We have recovered more than $1 billion in compensation for our clients. Call us at (212) 986-7353 today to schedule a free consultation with no obligation.
What Is Traumatic Brain Injury?
Traumatic brain injury, also known as TBI, is an injury to the brain caused by trauma, not disease. Closed head injury, the most common type, is caused by a violent blow or jolt to the head or body. Penetrating head injury occurs when an object, such as a bullet or a piece of shattered skull, penetrates the brain tissue. When a sudden external assault damages the brain, it can cause short- or long-term disability or even death.
What Are the Most Common Causes of TBI in Staten Island?
Many types of accidents or incidents can cause traumatic brain injury. Among the most common causes are:
- Falls: Slip- or trip-and-fall accidents and falls from beds, ladders, scaffolding, or down the stairs frequently cause TBI. Falls are the leading cause of brain injuries, particularly among young children and older adults.
- Motor Vehicle Collisions: The impact of a traffic crash can cause the head to strike an object or cause the brain to move inside the skull, damaging delicate tissue. Car, truck, motorcycle, bicycle, and pedestrian accidents are common causes of TBI.
- Construction Accidents: Workers on construction sites are vulnerable to head injuries from falling objects, moving machinery, and falls from heights, ladders, or scaffolding. TBI accounts for 20% to 25% of all work-related trauma, as reported by the CDC.
- Medical Malpractice: TBI in a medical setting can result from surgical errors or during labor and delivery from trauma caused by vacuums, forceps, or cranial compression.
- Assault: Violent crime can lead to traumatic brain injuries. Examples include gunshot wounds, blows to the head, and shaken baby syndrome.
How Your Staten Island TBI Attorney Can Help
Your attorney will investigate the accident and file a claim or lawsuit against anyone whose negligent actions contributed to your injuries. The initial investigation into a traumatic brain injury is a critical step in building a strong compensation claim. It involves collecting police reports, medical records, accident scene photos, eyewitness accounts, surveillance cameras, dashcam video, and other evidence.
The next step is filing a claim and negotiating with the negligent party's insurance company. If the insurance carrier tries to deny your claim or refuses to make a serious settlement offer, WRSMH will begin court proceedings seeking the money you deserve. Negotiations will continue as we prepare your case for trial. These settlement discussions may lead to an agreement at any time before the jury hands down its final decision.
An effective negotiating strategy requires a clear understanding of the case's value, factoring in medical costs, lost income, and non-economic damages like pain and suffering.
If the other side continues to make lowball offers, the case will move into discovery as both parties exchange information. During discovery, the attorneys for both sides must share all the evidence they are going to use during trial and present it to the judge. This may include medical records, forensic evidence, and a list of expert witnesses.
The trial process involves opening statements by both parties, presentation of evidence, witness testimony, cross-examinations, and closing arguments.
At the conclusion of the trial, the jury will decide on a verdict. If they decide for the plaintiff, you will receive a settlement to cover your medical costs, legal bills, and other expenses caused by your injuries.
Symptoms of a Traumatic Brain Injury
People who suffer from traumatic brain injury may experience a variety of symptoms that can appear immediately or develop over time. Frequent signs of TBI include:
- Headaches
- Nausea
- Fatigue
- Blurred vision
- Ringing in the ears
- Dizziness
- Reduced coordination
- Sensitivity to light or sound
Determining Liability After a Staten Island TBI Accident
Every person has a duty of care to avoid actions that may cause reasonably foreseeable harm to others. If the defendant breached this duty through negligence or intentional harm, your Staten Island traumatic brain injury attorney would construct a solid case to support your claim.
When determining legal responsibility for TBI caused by the negligence of others, New York is a strict liability state. That means the person who caused your injuries can be compelled to pay damages to compensate for your losses.
Parties that may be held liable for TBI include:
- DUI drivers
- Distracted drivers
- Reckless drivers
- Property owners that fail to remove fall hazards
- Trucking and delivery companies that hire unsafe drivers
- People who commit acts of violence
- Businesses that fail to warn visitors about hazards
- Manufacturers of defective products
- Businesses that serve alcohol to underage or obviously intoxicated patrons
- Third-party contractors, vendors, property owners, and others responsible for workplace injuries
What Are the Long-Term Consequences of TBI?
TBI has life-altering consequences for victims and their families, significantly impacting personal relationships and diminishing your quality of life. It leads to a wide range of physical, psychological, and emotional challenges. Cognitive issues and physical disabilities resulting from TBI may also prevent you from resuming your career.
TBI likewise generates astronomical expenses. Patients may require extensive medical treatment, rehabilitation, and assisted living care. The long-term consequences of TBI include:
- Difficulty communicating
- Difficulty performing routine tasks
- Anxiety
- Depression
- Memory loss
- Difficulty concentrating
- Mood swings
- Loss of motor control
- Difficulty sleeping
- Inability to return to work to earn a living
Our Staten Island Brain Injury Lawyers Bring Experience, Dedication, and Skill
If you or a family member has suffered a traumatic brain injury because of someone else's negligence or wrongdoing, reach out to Wingate, Russotti, Shapiro, Moses & Halperin, LLP, to start your path to recovery. You may have a right to seek compensation from the responsible party in a civil lawsuit.
With over 50 years of experience advocating for injury victims, our Staten Island personal injury lawyers can provide the strong legal representation you need to recover your current losses and gain compensation for future damages. Contact us at (212) 986-7353 to learn more today.