Traumatic brain injury (TBI) can lead to a lifetime of emotional, physical, cognitive, and behavioral changes that can affect your ability to live “normally.” Bronx, NY accident victims with brain injury are legally entitled to recover compensation if their injury is the result of reckless or negligent actions of another. A prolific and seasoned Bronx brain injury attorney can prove to be invaluable in determining an honest assessment of damages and fighting for full compensation.
Traumatic brain injury (TBI) can lead to a lifetime of emotional, physical, cognitive, and behavioral changes that can affect your ability to live “normally.” Bronx, NY accident victims with brain injury are legally entitled to recover compensation if their injury is the result of reckless or negligent actions of another. A prolific and seasoned Bronx brain injury attorney can prove to be invaluable in determining an honest assessment of damages and fighting for full compensation.
What is a Traumatic Brain Injury?
Traumatic brain injury or TBI refers to brain damage because of a sudden external impact. This is a broad term involving a wide array of injuries that can cause disability and death among adults. The damage as a result of traumatic brain injury can remain confined to one region (focal) or affect numerous areas (diffuse) in the brain.
Traumatic brain injuries in Bronx occurring due to avoidable accidents are more common than you would think. Most injuries are a result of slip and falls, construction accidents, and car accidents. TBIs can be classified into:
- Closed head injury (CHI): Contusions, intracranial hematoma, and concussion happen when the brain suffers a non-penetrating injury. These are usually caused by rapid shaking of the brain within the skull that causes tissue bruising and tearing. Milder injuries can be difficult to diagnose since symptoms can take hours, days, or weeks to present.
- Open/Penetrating injury: These injuries occur when the object pierces the brain and underlying tissues. It’s common in bullet wounds.
Calculating the Settlement Value for Traumatic Brain Injuries in Bronx, NY
The damages you may be able to recover depend on the severity of the injuries suffered and the resultant harm. The extent of damage can range from mild to life-altering brain trauma where brain injuries are concerned. The impact of the injury on your life plays a vital role in calculating the damages.
Several factors play a considerable role in the worth of a TBI claim:
- Medical bills: This includes emergency room visits, extended hospital stays, rehabilitation expenses, and tests (CT scans and MRIs)
- Lost wages: TBI patients are generally incapable of continuing in the same job industry or field. In fact, most patients are forced to retire earlier than planned. Your brain injury attorney Bronx will use a vocational expert to calculate the amount of expected lifetime earnings lost.
- Lifecare costs: There are certain brain injuries that never fully heal. You may experience lingering effects requiring medication, physical therapy, rehabilitation, and help with daily activities. Your attorney will assess the need for a full-time career and include the costs in the claim.
- Pain and suffering: TBIs can have a devastating impact on your physical and psychological wellbeing. It can cause a loss of quality of life and heightened emotional trauma. Emotional damages and pain and suffering are the largest components in a personal injury claim for TBI.
- Punitive damages: Accident victims may be awarded punitive damages if the TBI trauma is the result of malicious or exceptionally wrongful conduct. Punitive damages are aimed at punishing offenders and deterring similar reckless behavior in the future.
Bronx traumatic brain injury payouts vary significantly, which can make it difficult to calculate the average settlement amount. It’s not uncommon for an experienced traumatic brain injury lawyer Bronx to obtain millions of dollars in recovery for their clients. You should retain the services of an aggressive personal injury attorney to fight for fair compensation and negotiate with the insurance company.
It’s true that most traumatic brain injury victims settle out of court. Besides, you should never accept the first settlement offer made by the insurance company. Further, you should never accept a settlement till you have attained maximum medical improvement (MMI.) A committed Bronx brain injury lawyer will prevent you from inadvertently doing something that harms your claim.
Other Factors Affecting Bronx, NY Traumatic Brain Injury Compensation
Brain injury compensation varies widely making it important to assess every claim independently. These are a few factors that can impact the amount of financial recovery in a Bronx brain injury claim:
- Availability of credible witnesses
- The defendant is unsympathetic or uncredible
- Whether the insurance company makes a reasonable offer or acts in good faith
- Amount of medical documentation available
- Whether you sought medical attention quickly
- Whether the jury is sympathetic to your predicament
- Number of additional defendants
A skilled brain injury lawyer Bronx will identify all defendants since it opens up multiple avenues to seek compensation.
Average Settlement Amounts in Bronx Brain Injury Lawsuits
The value of a claim needs to consider both current and long-term costs, including medical expenses, disability, and pain and suffering among others. Where a head injury is concerned, monetary compensation increases with the severity of injury. In some cases, mild traumatic brain injury settlements can exceed a million dollars.
There have been instances where severe TBI has led to $10 million in compensation. These are usually awarded in cases where the injured party has suffered extensive injury and requires long-term medical treatment. In general, you should remember that each case is dependent on several factors and is fact-specific.
Mechanism of injury, care received, type of long-term symptoms, and future care make the compensation unique to each case. The venue, makeup of the plaintiff bringing the lawsuit, and experience of the Bronx car accident brain injury lawyer also play a role in average settlement amounts.
Don’t Settle a Brain Injury Claim in Bronx without an Attorney
You may be tempted to accept the first settlement that the insurance company makes. It’s understandable to want to settle when you have medical bills and no income to cover them. However, the settlement amount may not cover your damages in full. Insurance companies usually offer settlements to avoid the risk of trial.
At-fault parties usually want to avoid open court trial and judgment. It’s beneficial for them to keep things out of court and get away with paying out a smaller sum. You should consult with your Bronx traumatic brain injury lawyer before accepting any settlement. It’s crucial to understand that the settlement won’t necessarily cover your damages. This is true for both out of court settlement and jury award.
Car accidents and slip and fall accidents are the leading cause of traumatic brain injury. Auto insurance and homeowners’ insurance carrier can usually pay for the injury in these claims. Taking all of this into consideration, insurance policies only cover a percentage of the lost wages and medical expenses. They may not readily cover the pain and suffering component.
Settlements made by insurance providers can seem reasonable at first. But, they ultimately fail in covering the full extent of damages. This doesn’t mean that you should not accept settlements. There is always a big risk in the jury ruling against you. This may mean that you lose your case or receive lower damages.
An informed and knowledgeable Bronx brain injury attorney will assess your case and calculate the future costs of your injuries. They will calculate the worth of your claim to evaluate if the settlement offer covers all costs or not. While the last say in accepting a settlement rest with the victim, you should pay heed to your attorney’s suggestions.
Available Avenues for Compensation in Traumatic Brain Injury Lawsuits in Bronx
You may potentially win a jury award for millions of dollars against the defendant that caused your traumatic brain injury in Bronx, NY. Pertaining to this, this doesn’t necessarily help you if the defendant doesn’t have assets, insurance, or the ability to fulfill the judgment. An accomplished traumatic brain injury lawyer Bronx will evaluate all possible avenues for recovering compensation. This includes:
- Car insurance
- Homeowner’s insurance
- Workers’ compensation insurance
- Commercial liability insurance
- Personal umbrella insurance
- Personal injury protection (PIP) insurance
- Med Pay coverage
You can also pursue personal assets of the defendant, including their personal insurance policies to get as whole as possible.
When is TBI Compensation Limited in Bronx?
In certain specific situations, no-fault insurance laws in New York can prevent you from recovering full damages. Your TBI injury should meet the definition of a serious injury as mentioned in insurance law. You may not be able to recover complete economic damages if it does not. In addition, you may not be eligible to file a lawsuit for acquiring noneconomic damages from the other driver.
In relation to this, you will also not be required to prove the fault of the other driver to be eligible for these limited benefits. Every traumatic brain injury doesn’t meet the threshold to be treated as a “serious injury.” For instance, minor concussions are those brain injuries that can resolve quickly with proper care.
Moderate and serious traumatic brain injury may qualify as serious under NY statute in the following cases:
- Significant impairment restricting daily activities
- Permanent loss of body function
- More than $50,000 in economic loss
A winning and cordial Bronx car accident brain injury lawyer will be able to help you explore all available legal options to maximize compensation.
Our Trusted Bronx Traumatic Brain Injury Lawyers are Here to Give You the Best Legal Advice and Support. Call Now.
Compensation in brain injury claims is fact-specific and it pays to have the experienced Bronx brain injury lawyers from Rosenberg, Minc, Falkoff & Wolff, LLP at your side. Our attorneys are committed to protecting your rights and take all necessary steps to maximize compensation. You can count on us to provide aggressive and skilled legal representation. To set up your complimentary consultation, call 212-344-1000 or reach us online.
