212-LAWYERS or (212) 344-1000

Brooklyn Brain Injury Lawyer: Can I file a brain injury lawsuit if the injury occurred at work?

Brooklyn Brain Injury Lawyer Injured at WorkSuffering a brain injury can have significant physical, emotional, and financial consequences. If you sustain a brain injury at work in Brooklyn, New York, you may wonder if you can file a lawsuit to seek compensation for your damages.

In this guide, our brain injury attorney Brooklyn will provide a comprehensive analysis of the process of filing a brain injury lawsuit for workplace injuries in New York. Understanding the legal framework, key considerations, and available options is essential for individuals seeking justice and the rightful compensation for their injuries and losses.

Workers’ Compensation in Brooklyn, NY for Brain Injury Cases

In Brooklyn, workers’ compensation is the primary avenue for seeking benefits after a workplace injury, including brain injuries. Workers’ compensation provides medical coverage, wage replacement, and disability benefits to eligible employees.

Furthermore, it’s essential to note that workers’ compensation generally limits the ability to sue an employer for additional damages, including pain and suffering. While workers’ compensation provides certain benefits, it may not fully compensate you for the long-term impact of a brain injury.

Exception to Workers’ Compensation: Third-Party Liability in Brain Injury Claims in Brooklyn, NY

In some cases, a brain injury sustained at work may result from the negligence of a third party other than your employer or co-workers. This opens the possibility of pursuing a personal injury lawsuit against the responsible party. According to our knowledgeable brain injury lawyer Brooklyn, examples of third-party liability in workplace brain injury cases may include:

Negligence of contractors or subcontractors

If the injury is caused by the negligence of a contractor or subcontractor who is not your employer, you may have grounds for a personal injury lawsuit against them.

Defective products or equipment

If your brain injury resulted from a defective product or faulty equipment, such as a malfunctioning machinery or safety gear, you may have a product liability claim against the manufacturer or distributor.

Negligence of other entities

If the brain injury was caused by the negligence of a property owner, a maintenance company, or a negligent driver while performing work-related duties, you may have a personal injury claim against the responsible party.

Proving Negligence and Liability in Brain Injury Claims in Brooklyn

To succeed in a brain injury lawsuit, your Brooklyn brain damage lawyer must establish negligence and liability on the part of the responsible party. Key elements to consider include:

  • Duty of care: Demonstrating that the responsible party owed you a duty of care is essential. This involves establishing that the third party had a legal obligation to take reasonable measures to prevent harm.
  • Breach of duty: You must prove that the responsible party breached their duty of care by failing to uphold the expected standard of care. This may involve showing that they acted negligently, failed to maintain a safe work environment, or were in violation of safety regulations.
  • Causation: Establishing a causal connection between the negligence of the responsible party and your brain injury is crucial. You must demonstrate that their actions or omissions directly caused your injury.
  • Damages: Documenting the extent of your brain injury and the resulting damages is essential. This includes medical records, diagnostic tests, treatment plans, rehabilitation efforts, and the impact on your quality of life and ability to work.

Comparative Negligence in Brain Injury Claims in Brooklyn, New York

New York follows a comparative negligence standard, which means that the compensation you receive may be reduced in proportion to your degree of fault. If you contributed to your brain injury by acting negligently, such as failing to follow safety procedures, the court may assign a percentage of fault to you. This can impact the amount of compensation you receive in a personal injury lawsuit that you file with help from your Brooklyn head injury lawyer.

Timelines and Statute of Limitations in Brain Injury Cases in Brooklyn

When filing a brain injury lawsuit for workplace injuries in Brooklyn, New York, you must adhere to the state’s statute of limitations. In general, brain injury lawsuits in Brooklyn, New York must be filed within three years from the date of the injury. Pertaining to this, there are exceptions and variations based on the specific circumstances of the case, the responsible party, and the nature of the claim.

It’s essential to consult with an experienced Brooklyn head injury lawyer who can guide you through the legal process and ensure you meet all the necessary deadlines.

Consultation with an Experienced Brooklyn TBI Attorney

Seeking legal advice from a hardworking and adept Brooklyn traumatic brain injury attorney is helpful when pursuing a brain injury lawsuit for a workplace injury in New York. An attorney will:

  • Assess your case: They will evaluate the details of your brain injury, the circumstances surrounding the incident, and the potential liability of third parties. They will determine the viability of a personal injury lawsuit and advise you on the available legal options.
  • Gather evidence: An attorney will assist in collecting and preserving evidence, including medical records, accident reports, witness statements, and expert opinions. They will build a strong case to establish negligence and liability.
  • Navigate the legal process: The legal process can be complex and overwhelming. An attorney will guide you through every step, including negotiations with insurance companies, filing necessary documents, and representing your interests in court, if required.
  • Pursue maximum compensation: Your attorney will work to ensure you receive fair and maximum compensation for your brain injury. This includes economic damages such as medical expenses, lost wages, and rehabilitation costs, as well as non-economic damages such as pain and suffering, loss of enjoyment of life, and emotional distress.

Types of Financial Damages that May Occur Due to Traumatic Brain Injury in Brooklyn

Medical Expenses

Medical expenses form a significant portion of the financial burden associated with a traumatic brain injury. These expenses include:

  • Emergency care: The immediate medical attention required following the injury, including ambulance services, emergency room treatment, imaging scans, and diagnostic tests.
  • Hospitalization: Costs related to the hospital stay, including room charges, surgeries, medications, laboratory tests, and other necessary treatments.
  • Rehabilitation: Expenses for post-acute care, such as physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation programs.
  • Medications: Costs of prescribed medications to manage the symptoms and complications of the brain injury, including pain management, anticonvulsants, and other necessary medications.
  • Assistive devices and equipment: Expenses associated with assistive devices like wheelchairs, walkers, communication aids, and home modifications to accommodate the injured individual’s needs.
  • Ongoing medical care: Long-term expenses for follow-up visits, specialized consultations, neurology appointments, and monitoring of the individual’s condition.

Lost Income and Loss of Earning Capacity

Traumatic brain injuries can lead to temporary or permanent disability, resulting in a loss of income and diminished earning capacity. Financial damages related to lost income and earning capacity include:

  • Lost wages: The income lost during the recovery period when the injured individual is unable to work. This includes both the immediate absence from work after the injury and subsequent periods of rehabilitation and recovery.
  • Reduced earning capacity: If the brain injury results in long-term or permanent disability, the injured individual may experience a diminished ability to perform their previous job or pursue their intended career. This can lead to a decrease in future income and earning potential.
  • Vocational rehabilitation: Costs associated with vocational training, education, or retraining programs to help the injured individual transition into alternative employment if they are no longer able to perform their previous job.

Rehabilitation and Therapy Costs

Our severe and mild traumatic brain injury attorneys Brooklyn will pursue damages for the following costs:

  • Physical therapy: Expenses related to physical rehabilitation, aimed at improving strength, mobility, and coordination.
  • Occupational therapy: Costs associated with therapy focused on enhancing the individual’s ability to perform daily activities, vocational tasks, and regain independence.
  • Speech and language therapy: Expenses for therapy aimed at improving communication skills, swallowing abilities, and addressing cognitive impairments related to speech and language.
  • Cognitive rehabilitation: Costs of therapy targeted at addressing cognitive deficits, memory problems, executive functioning difficulties, and other cognitive impairments resulting from the brain injury.
  • Psychological counseling: Expenses for counseling services to address emotional and psychological issues related to the brain injury, including anxiety, depression, post-traumatic stress disorder (PTSD), and adjustment difficulties.

Home Modifications and Assistive Devices

Individuals with traumatic brain injuries in Brooklyn often require modifications to their living environments and assistance from various devices. Financial damages in this category may include:

Home modifications: Costs associated with adapting the home to accommodate the injured individual’s needs, such as installing ramps, widening doorways, adding handrails, or creating accessible bathrooms.

Assistive devices: Expenses for devices that aid in mobility, communication, and daily activities, including wheelchairs, walkers, canes, communication devices, and specialized computer equipment.

Transportation costs: Additional expenses related to transportation, such as accessible vehicles, transportation services, or modifications to personal vehicles to accommodate the injured individual’s mobility needs.

Miscellaneous Expenses

According to our traumatic brain injury lawyers in Brooklyn, other financial damages that may occur due to a traumatic brain injury include:

  • Prescription medications
  • Home healthcare services
  • Travel expenses for therapy and medical appointments
  • Legal and administrative costs
  • Future medical expenses

Get Strong Legal Representation from Our Brooklyn Head Injury Lawyers

While workers’ compensation is the primary avenue for seeking benefits after a workplace brain injury in Brooklyn, New York, it may not fully compensate you for all the damages you have suffered. If the brain injury resulted from the negligence of a third party, pursuing a personal injury lawsuit may be an option.

Consultation with our seasoned and impressive Brooklyn brain injury lawyer is highly recommended to evaluate the viability of a lawsuit, navigate the legal complexities, and ensure your rights are protected. With our brain injury attorneys in Brooklyn, NY at Rosenberg, Minc, Falkoff & Wolff, LLP on your side, you increase your chances of obtaining maximum compensation for the long-term consequences of your workplace brain injury. Call us at 212-344-1000 or contact us online to set up your free consultation today.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews