Car accidents, falling mishaps, and work-related occurrences can result in injuries to a victim’s brain. Traumatic brain injuries (TBIs) are one of the most commonly occurring personal injuries.
Each year in New York, over 2,000 people die from fatal brain injuries. If you or someone you love has sustained a brain injury because of another person’s negligence, our Bronx brain injury lawyers can help.
What is a traumatic brain injury (TBI)?
Traumatic brain injuries, also called “TBIs,” occur when a victim sustains damage to the soft tissue inside the skull. Typically, these injuries are caused by a forceful impact to the victim’s head, either from a blow, a fall, or a bump.
TBIs can be difficult to diagnose because they’re not detectable on many medical scans. Usually, there’s no visible evidence on the victim’s brain.
Rather, these injuries are diagnosed by observing the patient’s behavior. Traumatic brain injuries can affect the victim’s physical and mental health.
Often, victims experience a significant decrease in their quality of life following a TBI.
Warning Signs of Brain Injury or Severe Head Trauma
If you believe that you or someone you love has sustained a traumatic brain injury, it’s critical to know what to look for. There are several signs and symptoms that can indicate the presence of a brain injury.
Some of the most common symptoms and indicators of TBIs include:
- Difficulty with learning new things
- Memory and concentration problems
- Ongoing or worsening headaches
- Loss of consciousness for several minutes
- Nausea and vomiting
- Seizures and convulsions
- Dilation of the pupils in the eyes
- Inability to awaken or difficulty sleeping
- Difficulty speaking
- Loss of balance and dizziness
- Mood swings and shifts in attitude
- Depression or anxiety
These are only a few examples of the possible symptoms of a TBI. It’s vital to contact a medical professional following any head injury.
Can you have a brain injury and not know it?
Even if you feel fine following an accident, it’s important to seek medical attention. Erring on the side of caution could prevent long-term brain damage.
If your head injury occurred in the Bronx, visit the nearest hospital as soon as possible. Bronx-Lebanon Hospital Center and BronxCare Health System are both viable local choices. You can also contact your primary care physician (PCP).
How do Bronx brain injuries happen?
Many different circumstances can result in a traumatic brain injury. With such a high population density, Bronx residents and visitors face many possible hazards. These hazards might include:
No matter what type of accident caused your traumatic brain injury, it’s crucial to speak with an attorney if your injury was caused by someone else’s negligence.
Treatment and Prognosis of Brain Injuries
Traumatic brain injuries can have long-term physical, mental, and emotional effects for victims. Severe instances of TBI may result in permanent damage to the injured person.
There are many treatment approaches for moderate-to-severe TBIs. These include various medications, therapies, and surgeries.
Often, victims of severe TBIs are unable to work because of intellectual and physical impairments. Victims may also be unable to perform the same physical activities that they enjoyed before their injuries.
Can I receive compensation for a brain injury resulting from someone else’s negligence or wrongdoing in the Bronx?
Victims have the right to seek both “non-economic” and “economic” damages for injuries caused by another person’s negligence. Some examples of economic damages include:
- Medical costs and expenses
- Associated property damage
- Lost income and wages
- Decreased earning capacity
“Non-economic” damages are meant to compensate the victim for intangible losses. Several of these include:
- Pain and suffering
- Mental anguish and distress
- Loss of ability to enjoy life
To recover financial compensation, the victim must prove that the other party’s negligence was the cause of the harm they suffered. For instance, a reckless driver’s actions may cause an accident resulting in a traumatic brain injury for the victim.
Can I sue for compensation for my loved one who died from a brain injury?
If your loved one suffered a fatal TBI, you may be able to secure financial recovery for the associated costs. Wrongful death cases in the Bronx can be filed by the decedent’s personal representative or executor.
In many cases, the executor of the person’s estate is a family member. Claimants in wrongful death cases can pursue compensation for outstanding medical bills, grief, mental anguish, funeral and burial expenses, and more.
How long do I have to file a Bronx brain injury lawsuit?
The statute of limitations for most Bronx personal injury claims is three years from the date of the accident. It’s important to speak with a skilled attorney as soon as possible following your injury. Missing the deadline to file can prevent you from being able to pursue compensation for your injury and other losses.
Why should I hire the Bronx personal injury attorneys at Meirowitz & Wasserberg to handle my brain injury case?
When you contact one of the dedicated attorneys at Meirowitz & Wasserberg, you can rest assured that your case is in good hands. Our firm has previously secured hundreds of thousands of dollars for personal injury victims.
The skilled team at Meirowitz & Wasserberg have a reputation for excellence in the State of New York. For example, Sam Meirowitz is one of the Top 100 Trial Lawyers in the nation, according to The National Trial Lawyers.
Our firm knows what it takes to fight effectively for victims of Bronx brain injuries. Contact the personal injury attorneys at Meirowitz & Wasserberg today for a free legal consultation.
Frequently Asked Questions (FAQs) After a Bronx Brain Injury
Following a head injury caused by someone else’s negligence, it’s normal to feel confused. Below, we address some of the most common questions that victims have.
What if my family member suffering from a brain injury doesn’t have the capacity to file a lawsuit?
If someone you love has been incapacitated because of a brain injury, you may be able to file a legal claim on their behalf. Specifically, the victim’s spouse is legally permitted to file a lawsuit for them. The same is true of an injured person’s adult children. These parties are able to pursue financial compensation on behalf of the incapacitated victim in an accident case.
What if I contributed to the accident that led to my brain injury?
New York is a “pure comparative” fault state, meaning that anyone involved in a mishap or accident has the legal ability to pursue compensation.The recovery for each party will be reduced by the percentage of fault they bear for the incident. Suppose you are found to be 10% responsible for the accident that caused your brain injury. Your recovery would be decreased by 10%.
What if my brain injury resulted from a car accident?
If another driver caused a serious injury to you, you have the legal right to sue. New York law sets forth various criteria for a “serious” injury in Section 5102(d).
What if my brain injury resulted from a workplace accident?
In New York, many injured employees are eligible for workers’ compensation benefit payments. If you have questions about your work-related brain injury, it’s important to contact an attorney with experience in New York’s workers’ compensation laws.
Is it going to cost me a lot upfront to hire a personal injury lawyer?
No. With a contingency fee payment approach, you only pay legal fees from the money that your attorney successfully recovers for you.
Our NYC Personal Injury Attorneys
Samuel Meirowitz
Founding Partner
Daniel Wasserberg
Founding Partner
Perry Shusterman
Partner
Kush Shukla
Partner
Jonathan Alvarez
Partner
Carla A. Pinto
Associate
Melissa Ryan Reitberg
Associate
Laurita Rodriguez
Associate
Fejir Ugurlu
Associate
Aaron Fine
Associate
John W. Magrino
Associate
Joseph P. Donnelly
Senior Trial Attorney
Ana Rita Ferreira
Managing Attorney
Kristian Del Rosario
Associate
Will Forero
Associate
Danny Kraft
Of Counsel
About The Author
Samuel Meirowitz
Founding Partner
Samuel Meirowitz, a founding partner of Meirowitz & Wasserberg, has been recognized by New York Metro Super Lawyers annually since 2016. A Cardozo School of Law graduate and former prosecutor in the Bronx District Attorney's Office, he won the first multimillion-dollar asbestos verdict in a New York federal court in over 20 years.
