Any type of trauma to the head can potentially cause a catastrophic, life-changing brain injury. Unfortunately, many accidents that cause brain injuries are preventable. When a person or company’s negligence, recklessness, or intentional behavior causes an accident that results in a brain injury, the victim has the right to pursue compensation for his or her damages under New York law.
Discuss Your Brain Injury Case With an Experienced Attorney
If you or someone you love has sustained a brain injury in an accident in New York, you may be entitled to compensation. The experienced personal injury attorneys at CDH Law PLLC are ready to fight to obtain compensation for your medical bills, lost wages and income, pain, suffering, and more. Contact CDH Law PLLC today to schedule your free initial consultation. We’re here to help you and your family during this challenging time.
Preventable Accidents Are a Common Cause of Brain Injuries
Many types of preventable accidents can cause traumatic brain injuries, from car to fall accidents. At CDH Law PLLC, we help clients who’ve suffered brain injuries through little or no fault of their own. Our experienced attorneys represent clients who’ve been injured in a wide range of accidents, including the following:
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Rideshare accidents involving Uber or Lyft
- Truck accidents
- Slip and fall accidents
- Falls from great heights
- Defective products
- Construction site accidents
- Negligent security
- Medical malpractice
- Nursing home abuse
Have you or your loved one suffered a brain injury after being involved in an accident listed above or another type of accident? If so, we recommend discussing your legal options with the skilled attorneys at CDH Law PLLC to discuss your case.
Types of Traumatic Brain Injuries
Brain injuries range from relatively mild concussions to severe traumatic brain injuries (TBI). They can be caused by internal or external trauma, and there are two main ways a brain injury can occur: open and closed head injury. An open head injury occurs when the skull is broken or penetrated, such as by debris penetrating the skull in a motor vehicle accident. The brain is no longer protected in an open head injury. The debris or the skull itself can wound the brain.
Closed head injuries occur when the head suffers a traumatic blow, causing the brain to rapidly move back and forth in the skull. The force can cause the brain’s soft tissue to contact the skull, causing bruising, bleeding, and tearing.
Long-Term Symptoms of Brain Injuries
Individuals with brain injuries benefit from receiving medical treatment as quickly as possible after an accident. There are no permanent cures for serious brain injuries. However, surgeries and rehabilitative treatment can help alleviate symptoms. Doctors cannot always predict which symptoms will remain and how severe the injury will be for each patient. Commonly reported long-term consequences of a traumatic brain injury (TBI) include the following:
- Limited mobility
- Loss of speech or difficulty understanding others
- Changes in mood, including increased anxiety, depression, PTSD, and anger
- Impaired spatial perceptions
- Lack of inhibitions
- Difficulty concentrating
- Impaired memory
- Difficulty reasoning, thinking, and anticipating
- Ongoing seizure disorders
Wrongful Death Lawsuits Involving Brain Injuries
Severe traumatic brain injuries can result in the victim’s death. When a victim passes away from a brain injury caused by another person’s negligence, his or her surviving family members can pursue compensation through a wrongful death lawsuit. Nothing can bring back your loved one, but pursuing a legal claim could help you and your family with funeral expenses, medical bills, loss of future income, and pain and suffering.
The Long-Term Consequences of Brain Injuries
Whether or not a brain injury results in permanent disability, the costs of treating brain injuries can be overwhelming, especially when you are unable to return to work. Medical care, surgery, rehabilitation, and outpatient medical care can cost hundreds of thousands of dollars. When a younger person becomes severely injured, the victim may require millions of dollars of medical care and treatment for in-home assistance or move to a nursing home. Treating a brain injury can be financially devastating for victims and their families.
What Is My Brain Injury Case Worth?
Victims of traumatic brain injuries are entitled to recover all the damages related to their injuries when someone else is liable for them. There is no cap on the dollar value of your personal injury claim in New York, unlike in some other states. When it comes to estimating your case’s value, there are multiple factors involved, such as:
- The severity of your injury
- Whether you are permanently disabled
- Your lost wages and loss of earning capacity in the future
- The cost of your ongoing medical expenses
- Loss of consortium
- Pain and suffering
When your brain injury is severe enough to prevent you from meaningfully participating in relationships with your family or work or enjoying activities you once loved, your case will likely be more valuable.
Compensation Available in Brain Injury Lawsuits
In New York, personal injury victims can recover compensation for easily quantifiable economic damages and non-economic damages. At CDH Law PLLC, we will work with financial experts to account for all of the expenses associated with your brain injury, which might include:
- Medical expenses
- Future medical expenses
- Lost wages
- Loss of your ability to earn a living
- Physical therapy
- Occupational therapy
- Long-term care or nursing home care
- In-home modifications, assistance, and durable medical equipment
You can also pursue compensation for the following non-economic damages:
- Emotional distress
- Pain and suffering
- Disfigurement and scarring
- Loss of enjoyment of life
- Loss of consortium
Contact a Brain Injury Attorney in New York for a Free Consultation
In New York, brain injury victims only have a limited time to file a personal injury lawsuit due to the statute of limitation. In most cases, victims only have three years from the date they became injured to file a civil claim against the defendant. The sooner you reach out to an attorney, the better. If you or your loved one have suffered a brain injury, the attorneys at CDH Law PLLC are here to help. Contact us today to discuss your case with an experienced attorney during a complimentary case evaluation.