New York City Traumatic Brain Injury Attorney

Get A Strong New York City Traumatic Brain Injury Lawyer for Your Case

Individuals who have suffered a traumatic brain injury can face significant challenges in life, with long-term consequences that may last a lifetime. If the injury is the result of an act of negligence, you have a right to seek compensation for your injuries. Contact the NYC personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP to explore all your legal options for recovery.

Traumatic brain injuries can have vast effects on one’s quality of life. Victims have the potential to experience emotional problems, reduced thinking ability, speech problems, trouble with controlling body motions, and more. These can come with reduced earning wage, along with rehabilitation and therapy sessions to ensure a full recovery.

These costly procedures make an experienced New York City traumatic brain injury attorney a necessity during the claims process. They can help you navigate the best options for compensation, and use their years of experience to successfully negotiate the maximum possible recovery you need to manage all your expenditures. Schedule a consultation with us today.

The Long-Term Cost of A Brain Injury 

Even if the head injury you have suffered is not permanent, it will often require extensive medical care and ongoing therapy to ensure a full recovery. A traumatic brain injury is life-changing and the long-term costs can take a major financial toll on its victim and their family.

Of the approximate 300,000 U.S. citizens that will sustain a TBI each year and will be in need of hospitalization, nearly a third will face living with a disability for the rest of their lives. Depending on the severity of the head injury, a lifetime of medical costs and living expenses will range anywhere from $85,000 up to $4 million. These costs don’t include the loss of social service or productivity costs.

Most of a traumatic brain injury survivor’s devastating financial costs occur within the first year, stemming from the immediate care and rehabilitation they will receive. The actual costs will vary patient to patient, but on average costs will generally include:

• The first year of costs associated with a TBI patient’s rehabilitation can average out to around $196,000. If rehabilitation services aren’t necessary, the costs of the patient’s first year of treatment could reach more than $18,000.
• After hospitalization, the estimated medical and non-medical expenses in the first year such as insurance, vocational rehabilitation, and mandatory home modifications will standardly be around $151,587.
• Acute rehabilitation costs for severe TBI survivors are estimated to be about $1,000 a day and the average stay is about 55 days.
• The average costs are much higher for patients who undergo rehabilitation. Discovered in a study conducted on patients 4 years following their TBI, average costs for medical and long-term care services averaged $196,460 for those receiving rehabilitation services compared to $17,893 for those not receiving rehabilitation.
• Costs can still rack up in cases where a patient only suffers a mild to moderate brain injury, averaging out at $15,000 in expenses due to hospital visits, medication, clinical testing, and any follow-up appointments.
• Over a lifetime, a traumatic brain injury survivor could face an average of $4 million in costs.

Some possible expenses TBI survivors can face:

• Hospitalizations, scans, surgery
• Visits with neurologists, clinicians, technicians, and rehabilitative therapists
• Prescription medication costs
• Psychological evaluations and psychiatric therapy for possible emotional and behavioral changes resulting from a TBI
• Neurological rehabilitation
• Medical equipment and devices (wheelchairs, braces)
• Lost wages or reduced wages

TBIs not only take a distressing physical toll on its victims but can also financially devastate them and their families. The survivor may be unable to work for quite some time or may not be able to return to work at all. Staggering medical bills, living expenses, and unexpected costs can seem insurmountable, which is why it is vital to speak with a New York City brain injury attorney to discuss your options.

How Does a Brain Injury Impact Day-to-Day Life?

The effect of a traumatic brain injury on day-to-day life will be determined by how devastating the head injury, whether it was mild or moderate to severe.

IMPACT OF A MILD TBI

People that have sustained a mild TBI can recover by 3 months, but most are typically back to normal by 6 months. Symptoms that linger past 6 months will usually disappear or considerably improve within a year after the injury.

A mild TBI can make it difficult to work, relax, and get along at home since you may be suffering from headaches, difficulty concentrating, irritability and more. Symptoms can worsen or new ones may even develop if you push yourself too fast. The stress from hospital bills and the inability to immediately return to work can exacerbate your symptoms as well. You will have to listen to your body’s signals and pace yourself by gradually going back to work and resuming daily activities in order to recover faster.

IMPACT OF A MODERATE TO SEVERE TBI

The impact of moderate to severe TBI can last an extended period of time and possibly even be permanent. Most people with this type of head injury will be required to adapt and adjust to a new way of life consisting of a whole different set of challenges and difficulties. Recovery is possible, but some long-term symptoms may never disappear.

Many survivors find that tasks, activities, and work that were once effortless are now much more challenging. Their memory may be affected and cause something as easy as ordering a meal to now be effortful and take longer to complete. Relationships and the personal life of a patient are bound to change as a TBI will most likely create dependence on a caregiver or family member. In addition to the physical pain and limitations, these newfound hardships can take a toll mentally and may lead to fluctuating emotions and depression.

If you or a loved one have just experienced a brain injury, you deserve compensation. Speak to our New York City brain injury lawyers for information on what you can do next.

Common Causes of Traumatic Brain Injuries

Accidents that can result in severe blows to the head include:

• Pedestrian accidents – The head may be struck against the ground or by the vehicle. The force of the blow to the body has the potential to cause a concussion.
• Bicycle accidents – Bicyclists are moving even faster than pedestrians, increasing the potential force of the blow. Riders can be thrown headfirst over the handlebars, and not all wear helmets.
• Motorcycle accidents – All the risks noted for bicyclists are amplified.
• Car accidents – The force of the blow, airbags, the head being forced against parts of the vehicle interior, or the windshield, and countless other possibilities. A collision at 65 miles per hour is the equivalent of driving off an 11-story building.
• Construction accidents – Workers or even passersby can be struck by falling debris, equipment, etc.
• Sports accidents – High velocity encounters with people and equipment.
• Slip and fall – In the wrong circumstances, these can put victims’ heads on an unprotected collision course with the ground or other objects.
• Boating accidents – All the same forces apply as in the case of automobile accidents.

Although these are relatively common causes, the effects can be profound, causing potentially permanent effects on one’s quality of life. Because all of these are due to negligence, you have the right to file a claim for damages.

The Different Types of Traumatic Brain Injuries

The type of brain injury that results from an accident is affected by factors such as the force of the impact on the head and the nature of that impact.

• A concussion is considered to be a mild traumatic brain injury, but that doesn’t mean it does not pose the risk of serious consequences. When you receive a blow to the head, your brain moves in the direction of the blow. Enough concussions and enough of this shaking can lead to chronic traumatic encephalopathy, a form of brain damage that has been observed to affect football players.
• In some cases, a concussion can cause a bruise, or contusion on the brain. This may require surgery and can lead to more serious problems.
• If the head is struck violently enough, this can cause the brain to strike the opposite side of the skull. This event, a Coup-Contrecoup Brain Injury, damages both sides of the brain. It can result from falls, serious car accidents or even acts of violence. Recovery can be difficult.
• When the head is caused to move so violently that it causes tears in the brain stem, this is known as a Diffuse Axonal Injury. This injury can be fatal; even if not fatal, it still has the potential to involve serious adverse effects.
• If an object pierces the skull and brain, this is known as a Penetrating Injury. These injuries can also be fatal. Those who survive face an uphill battle to regain brain function, a battle that can involve multiple surgeries and other treatments.

Symptoms and Common Signs of a Traumatic Brain Injury

Brain injuries can have both physical psychological effects on the body. This makes them different from almost all other injuries. The symptoms of a TBI will vary. Some may show up immediately, while others may not appear for days or even weeks. Listed below are the symptoms seen in both mild and moderate to severe TBIs. 

MILD TRAUMATIC BRAIN INJURY

Courtesy of the Mayo Clinic, the different kinds of signs and symptoms of a mild traumatic brain injury include:

Cognitive or mental symptoms

• Memory or concentration problems
• Mood changes or mood swings
• Feeling depressed or anxious

Physical symptoms

• Loss of consciousness for a few seconds to a few minutes
• No loss of consciousness, but in a state of confusion, or being dazed or disoriented
• Headache
• Nausea or vomiting
• Fatigue or drowsiness
• Issues with speech
• Difficulty sleeping
• Sleeping more than usual
• Dizziness or loss of balance

Sensory symptoms

• Blurred vision, ringing in the ears, a bad taste in the mouth or changes in the ability to smell
• Sensitivity to light or sound

MODERATE TO SEVERE TRAUMATIC BRAIN INJURIES

 The following symptoms may develop in the first few hours to days of a moderate to severe traumatic brain injury, in addition to the signs and symptoms of a mild TBI:

Cognitive or mental symptoms

• Profound confusion
• Agitation, combativeness or other unusual behavior
• Slurred speech
• Coma and other disorders of consciousness

Physical symptoms

• Loss of consciousness for several minutes to hours
• Persistent headache or headache that worsens
• Repeated vomiting or nausea
• Convulsions or seizures
• Dilation of one or both pupils of the eyes
• Clear fluids draining from the nose or ears
• Inability to awaken from sleep
• Weakness or numbness in fingers and toes
• Loss of coordination

SYMPTOMS SEEN IN CHILDREN

Symptoms of brain injuries in children most likely need to be observed, since they may be unable to communicate them to you. Here are signs and symptoms you may see in an infant or child with a TBI:

• Change in eating or nursing habits
• Unusual or easy irritability
• Persistent crying and inability to be consoled
• Change in ability to pay attention
• Change in sleep habits
• Seizures
• Sad or depressed mood
• Drowsiness
• Loss of interest in favorite toys or activities 

Any concerning behavioral changes in an adult or child should be looked at by a doctor. Even if symptoms point to a mild head injury, a medical professional still should be consulted. If signs or symptoms of a traumatic brain injury are apparent after any kind of trauma to the head, then seek emergency medical treatment immediately.

If your loved one was recently in an accident and are now showing any of these symptoms, contact a New York City traumatic brain injury lawyer.

TBI-Related Hospitalizations by Age Group and Injury Mechanism 2006-2010 Data

How people sustain TBIs often differ by age group. Take a look at how they are most commonly sustained in the graph and tables below.