Suffering 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.
