The International Brain Injury Association reports that about one million Americans are admitted to emergency departments of hospitals due to “traumatic brain injuries (TBI).” As per statistics from The Centers for Disease Control (CDC), about 64,000 deaths occurred due to TBI in 2020, which means that 176 people die every day in the United States due to traumatic brain injury.
The CDC further reports that falls account for about 50% of TBI-related hospitalizations and auto accidents are another common contributor to the same. According to the Brain Injury Association of America (BIAA), brain injury is the top cause of disability and death among adolescents and children in the United States.
A TBI incurred during childhood can limit a child’s development and restrict their ability to take part in activities at school. Traumatic brain injuries among teenagers and adults may severely impact their working ability and earning capacity. Serious head injuries may lead to life-long disabilities and even death.
Our brain is the most important part of our body and a head injury should not be taken lightly. If you or a loved one suffered a head or brain injury due to someone else’s negligence you are entitled under the law to get damages from them. With the help of a Queens Brain Injury Attorney at the RMFW law firm, you can sue the party whose negligence caused your injuries.
Our law firm has secured a total of nearly $1 billion in personal injury compensation awards for our clients. With over 100 years of legal experience, our Queens brain injury attorneys help clients with navigating through the legal aftermath of a serious injury.
What is a Brain Injury?
The BIAA defines an “acquired brain injury” as an injury that happens to the brain after birth and is not hereditary, degenerative, induced by birth trauma, or congenital. Traumatic brain injury is a type of acquired brain injury.
A TBI alters brain function and is caused by external force or trauma. Such injuries impact the working of our brains and may be the result of a sudden blow, jolt, bump, or penetrating injury to the head. A TBI can be mild, moderate, or severe.
Types of Brain Injuries
A brain injury may be closed or penetrating. A closed injury occurs when there is no fracture in the skull and is caused due to back-and-forth movement of the brain inside the skull. It causes bruises and tears in the brain tissues and blood vessels. A penetrating brain injury occurs if there is a fracture in the skull, for example, injuries due to a headshot from a bullet.
A primary brain is the one that takes place entirely at the time of the accident. It generally does not change over time. A secondary brain injury evolves or develops over time. It causes gradual destruction of the brain tissue due to cellular, tissue, chemical, or blood vessel changes in the brain. Common types of brain injuries include:
- Concussions
- Brain contusion
- Skull fracture
- Coup-contrecoup
- Swelling of the brain or edema
- Diffuse Axonal Injury (tearing of nerve fibers)
- Anemic Anoxia (lack of oxygen to the brain)
- Hypoxic Injury (oxygen deprivation in the brain due to strokes)
The effects of a brain injury can be more impactful and perilous than one might think. These injuries often required very specialized treatments and long-term medical care. To get the best medical recovery possible, the victim will need adequate financial resources. If you suffered a brain injury due to someone else’s negligence, then the thought of hefty medical bills might be a constant concern in your head.
At the RWFM law firm, our top-rated Queens personal injury attorneys fight for the rightful compensation our clients deserve while they focus on their health and recovery.
Effects of a Brain Injury
The effects of a brain injury may vary depending on the severity of the impact, the age of the injured, and the quality of treatment received. According to John Hopkins Medicine, it may have the following long-term or short-term effects:
1. Cognitive Defects
- Coma
- Confusion, less attention, shortened awareness
- Memory issues and amnesia
- Inability to solve problems and lack of judgment
- Not able to get a sense of time and space
- Not able to understand abstract concepts
- Not able to follow or understand two commands simultaneously
2. Motor Deficits
- Paralysis, weakness, tremors
- Reduced endurance
- Not able to plan motor movements
- Swallowing issues
- Spasticity
3. Perceptual or Sensory Defects
- Loss of vision, touch, smell, hearing, or taste
- Increased or reduced sensation of other body parts
- Issues in locating where limbs are in relation to one’s body
- Left or right-sided neglect
4. Communication and Language Issues
- Not able to choose the right words for speaking
- Aphasia or problems in understanding speech
- Difficulty in speaking
- Difficulty in working with numbers
- Not able to form proper sentences
- Difficulty in identifying objects and their functions
5. Functional or societal problems
- Difficulty in doing daily activities like dressing, driving, eating, walking, talking, sleeping, and bathing
- Difficulty in maintaining societal relationships, friendships, and personal relationships
6. Other personality, bodily, or psychiatric changes
- Seizures
- Insomnia or lack of appetite
- Fatigue, dizziness, headache
- Issues in bowel and bladder functions
- Emotional instability, anxiety, depression
- Apathy or lack of emotions
- Anger, inappropriate sexual behavior, irritability, frustration, cursing, aggression
- Traumatic epilepsy
If you’ve not yet been diagnosed with a brain injury but are experiencing any of the above-mentioned effects, they could be symptoms of a brain injury. The Queens brain injury attorneys at the RMFW law firm help clients with a detailed review of their medical condition by collaborating with professional experts. To understand how much compensation you should ideally receive for your brain injuries, contact our Queens brain injury attorneys today at 212-LAWYERS or 212-344-1000.
Common Causes of Brain Injury Accidents
In most personal injury claims, the following types of accidents are the most common causes of head and brain injuries:
Slip and Fall Accidents
Falls account for about half of all TBIs in the United States. If a slip and fall resulting in a TBI occur due to the negligence of another person, the victim can file a premises liability claim and get compensation. Slip and falls can occur due to:
- Poorly maintained staircases
- Poor lighting
- Wet and slippery floors
- Broken or uneven flooring
- Broken or uneven sidewalks
- Exposed wiring
- Unsafe elevators
- Weather conditions
- Open hazardous areas such as empty swimming pools
- Broken furniture
- Snowy or icy surfaces
Motor Vehicle Accidents
Car accidents or other motor vehicle crashes are also the leading cause of TBIs in the country. The sudden bolt or blow to the driver or passenger’s head in an auto accident may lead to severe brain damage. These injuries may show effect immediately or over time.
Victims of auto accidents should immediately seek medical treatment after the accident. With the help of a Queens car accident brain injury lawyer, you can file a personal injury claim against the negligent driver who caused your brain injury.
Contact the RMFW law firm today to get legal advice from an experienced injury attorney.
Construction Site Accidents
Construction site workers and visitors are vulnerable to head injuries from falls at the construction sites, falling debris, open wiring, poor safety gear or clothing, structure collapse, ladder falls, and machinery malfunction. To keep themselves protected, workers at construction sites should wear all safety clothes and gear and follow all safety protocols.
Depending on who was at fault for your construction site accident, you may file a construction accident claim against the negligent party for your TBI. If you suffered a brain injury due to a construction site accident, contact a Queens construction site brain injury lawyer at the RMFW law firm today.
Defective Products
If a faulty or defective product resulted in your brain injury, a product liability claim can be filed against the manufacturer, designer, or seller of such product. For example, if the car’s airbag did not deploy at the time of the accident, a product liability claim can be filed against the airbag manufacturer.
Sports injuries, medical malpractice, and workplace accidents are some of the other causes of brain injuries. With the help of a Queens traumatic brain injury lawyer at the RMFW law firm, you can sue the manufacturer or designer of the defective product that caused your injury.
Medical Evaluation of Brain Injuries
A brain injury is more complex than what appears on the surface. Only a medical expert can figure out what the future impact of the brain injury will be and whether the injury has manifested completely or its impact has just begun. Sometimes, through proper medical treatment and therapies, it is possible to reverse the impact of a brain injury. Therefore, seeking quality medical treatment after an accident is crucial.
A medical evaluation will also assist in coming to conclusions regarding:
- The injured person’s ability to work in the future
- How much financial compensation should be claimed
- Whether the victim will be able to live independently or require assisted living
- Protection from discrimination
- What kind of further therapies or rehabilitation programs will help in the recovery process
Brain injuries often require costly medical treatment and the victim may not have adequate financial resources to cover these costs. However, the victim should not assume that the cost of medical treatment will be a limiting factor in their recovery process. With the help of a Queens personal injury lawyer, you may be able to secure the full value of your medical expenses and may even receive compensation for the pain and suffering endured by you after the accident.
Proving Liability: How a Queens Brain Injury Lawyer Can Help
To prove liability in a brain injury case, it must be shown that the other party acted negligently, recklessly, or carelessly. The claimant must show that:
- The defendant had a legal duty to act reasonably
- The defendant failed to act in a reasonable manner
- That such failure resulted in the victim’s brain injury
To make a successful compensation claim in a brain injury case, a link of cause and effect must be established between the defendant’s act and the victim’s injury. For example, if the victim went to someone’s personal property with restricted access and clear warning signs of broken flooring and suffered a brain injury after falling, he or she may not be able to recover damages.
In New York, the “pure comparative negligence rule” is followed while determining liability. This means that the claimant will be denied compensation only when they are 100% responsible for their injury. Even when the other party is only at 20% fault for the accident, they may still be liable to pay compensation to the victim.
With the help of a traumatic brain injury lawyer in Queens, the victim can determine who is liable for their injuries.
Time Limit to File a Brain Injury Case
Most personal injury lawsuits in New York are subject to a time limit of three years from the date of the accident. However, in case of a claim against the government, the time limit is lesser.
The victims who are not of sound mind at the time of the accident may be able to file a case after the three-year time period. Therefore, in case of a brain injury, it is important to consult an injury lawyer to determine the time limit applicable to your brain injury case. The victim should not assume that they are no longer eligible to file a case.
Further, victims should not unnecessarily delay filing a claim. A delayed claim gives a negative impression to the jury and can impact the quantity and quality of evidence available.
Getting Help From a Queens Traumatic Brain Injury Lawyer
The victim of a brain injury may be able to obtain the following types of damages from the negligent party:
Economic Damages
- All medical costs including hospital visits, surgery costs, medicine bills, X-ray and diagnostic test expenses, and other related expenses
- Future medical expenses
- Rehabilitation and therapy costs
- Assisted living and long-term care costs
- Medical equipment and home remodeling expenses
- Lost income due to absence from work
- Future loss of income
- Property damage
- Funeral expenses
Non-Economic Damages
- Pain and suffering
- Disfigurement
- Mental and emotional trauma
- Loss of companionship
- Loss of enjoyment of life
If your brain injury occurred due to a motor vehicle accident, you may be able to file a personal injury claim only if your injuries qualify as “serious.” This is due to New York’s no-fault personal injury protection (PIP) insurance laws.
What to do After Suffering a Brain Injury
Taking the right steps after suffering a brain injury is important for the best possible medical, financial, and legal recovery. If you suffered brain injuries from a car accident, fall, or other types of unfortunate events, consider taking the following steps:
- Seek immediate medical attention
- File a police report if required
- Collect and preserve evidence including photos of the accident, your injury (if there are visible bruises), and medical bills.
- Get the contact information of the witnesses and the negligent party if possible.
- It is very important to note down the changes occurring in the victim’s life after the accident or injury happened.
- Contact a personal injury lawyer.
What Not To Do After a Brain Injury
Avoiding Medical Treatment
This could be one of the biggest mistakes a victim can make after a brain injury accident. Even if there is no or minor headache after the accident, the victim should still get a medical check-up done as soon as possible. Apart from impacting your health and future earning capacity, avoiding medical treatment can negatively impact your legal rights as well.
Giving Details to Insurance Companies
Brain injuries often involve greater settlements compared to other types of injuries. Insurance companies will try their best to reduce the payout to the victim and contact the victim soon after the accident to lure them into a quick settlement.
The victim should avoid giving details or making statements to insurance companies without assistance from a lawyer. The settlement offered by them is usually way lesser than what can actually be recovered through negotiations. Once accepted, these quick settlements bar all further compensation claims.
Getting Help From a Queens Brain Injury Attorney
A brain injury case is not merely business for our law firm. We understand the implications of such traumatic experiences on our clients’ lives and want to assist them during their whole legal recovery process. When you hire our law firm, we ensure that we fight aggressively and persistently to recover the maximum compensation possible from the negligent party. A lawyer at our law firm can help clients with:
- Filing the claim for compensation for your brain injury
- Collecting and analyzing evidence to build a strong case
- Working with medical experts
- Handling all legal documentation
- Dealing with insurance companies
- Negotiating the rightful compensation with insurance companies
- Going to trial if the victim is not satisfied with the settlement offered
Contact us here or call us at 212-LAWYERS or 212-344-1000.
