NYC Traumatic Brain Injury (TBI) Lawyer
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If you or a loved one suffers a traumatic brain injury (TBI), you may be eligible for significant compensation. The New York City civil court system gives TBI victims an outlet for financial recovery in the form of a personal injury lawsuit. Bringing a lawsuit for a TBI is often the best and only way to receive fair compensation for the hefty medical expenses and personal costs a brain injury can cause. A brain injury doesn’t have to lead to your family’s financial ruin. Speak to an experienced New York City brain injury lawyer at Meirowitz & Wasserberg, LLP, to explore your legal prospects.
What Is A Traumatic Brain Injury?
For the most part, the human brain is a resilient organ. It can recover from many types of injuries and stress without lingering issues. However, a point of no return does exist in which the brain cannot overcome its injuries. Traumatic brain injuries, or TBIs, can reach this point. Some injuries are too devastating to allow the brain to fully recover from damages. Traumatic incidents like car accidents, sports injuries or acts of violence can result in severe TBIs with permanent symptoms such as motor skill impairment and cognitive difficulties.
No two brain injuries are alike. Each victim suffers differently, with unique symptoms. Some may experience headaches and nausea, while others end up in comas or with permanent functional impairment. The severity of the injury, area of the brain affected, and the resources available to aid the victim’s recovery, can all decide how much the TBI ultimately affects the individual so having a knowledgeable NYC personal injury lawyer on your side is crucial to maximizing compensation. Personal injury lawsuits involving TBIs often require testimony from an expert medical witness to explain to a judge or jury the extent of the injury on the victim’s life.
Getting Financial Relief for a Brain Injury
When our law firm takes a personal injury case, we always seek the maximum compensation for our clients. We know the nature of these injuries is usually severe, and their treatment is invariably costly. For this reason, our brain injury lawyers never settle for less than what our clients deserve.
Whether in Brooklyn, Manhattan, the Bronx, Queens, Staten Island or anywhere else in the state of New York, our attorneys will work diligently to get you financial compensation for:
- Medical bills
- Regular monthly bills, such as mortgage and utility bills
- Lost wages due to inability to work
- Pain and suffering caused by the injury
- Rehabilitation toward self-sufficiency
- Continuing care
Insurance companies typically try to lowball TBI victims to preserve their bottom lines. They know that brain injury cases and other personal injury cases are lengthy and stressful. So they often push for lower settlements, knowing the plaintiff will be tempted to accept the terms simply to get some amount of money flowing in.
When you work with Meirowitz & Wasserberg you can expect our brain injury lawyers to fight for a comprehensive settlement that adequately addresses your needs.
Common Causes of Brain Injuries
There are countless ways brain injuries might occur, but often they result from someone’s negligence in one of the following situations.
Car accidents generate extreme amounts of force. Brain injuries from traffic accidents are often severe and life-threatening because the head is unprotected for most people while in traffic. For motorcyclists without helmets and pedestrians, the risk of death from a head injury is particularly high.
Common negligent actions that cause motor vehicle accidents include but are not limited to:
- Texting while driving
- Any other cell phone activity while in motion
- Reaching or searching for something in the vehicle
- Drunk driving
- Road rage
- Unreliable, unsafe vehicle
- Driving while tired
Your lawyer will use these acts of negligence to form the basis of your brain injury case.
According to the Centers for Disease Control (CDC), falls accounted for almost half of all TBI-related hospitalizations and emergency room visits in 2020, and negligence is often the cause.
Brain injuries resulting from falls on dangerous walkways are common. Some property owners, such as proprietors and owners of homes with public sidewalks, have the duty to keep their walkways safe for the public.
Stairs also cause many stumbles ending with head injuries. The stairs in question may have slippery steps, defective or broken handrails, or broken steps. Poorly lighted staircases are also culprits.
High-impact sports are usual suspects for traumatic brain injuries, but even no-contact sports can be dangerous. Some potentially dangerous sports include:
- Martial arts
Sports-related brain injuries are particularly dangerous because they can develop slowly over time and go unnoticed by the untrained eye.
Falling or Flying Objects
Construction accidents are frequently a cause of brain injuries due to flying or falling objects, but any commercial or residential building can present a risk for falling objects.
Consequences of Traumatic Brain Injuries
Because the brain a delicate organ that controls the body’s vital functions, a brain injury is likely to deeply impact a person’s life.
High-impact trauma or cranial penetration often leads to death. In these instances, a brain injury case becomes a wrongful death lawsuit.
Long-Term Brain Damage
Not all brain injury is extensive or permanent. In many cases, traumatic brain injury victims may sustain only a slight concussion or impairment and recover within a few days.
On the other hand, lifelong debilitation and permanent loss of brain function are common outcomes of traumatic brain injuries.
Brain Injury Lawsuits In NYC
Once you file your claim against an individual or company for your brain injury, the defendant will have the opportunity to respond to the claim or ignore it. If the defendant responds, you may enter into settlement negotiations. Otherwise, you will have the chance to file a lawsuit with the civil courts. If settlement mediation does not achieve just compensation, you and your New York City brain injury lawyer can take the case to court to fight for the amount you believe you deserve.
The NYC courts will decide compensation for a brain injury by weighing factors such as fault, degree of injury, medical costs and lost quality of life. Successful cases will result in economic and noneconomic compensation. The court will order recovery for financial losses like medical bills, but also for intangible harms such as emotional suffering and lost enjoyment of life. If the TBI resulted in permanent disability, the courts will factor this into the judgment. Our New York City brain injury lawyers have seen victims receive six- and seven-figure awards and settlements for their injuries.
Frequently Asked Questions About Brain Injury Cases
Brain injury cases are very complex, and below are some common questions we receive from our clients.
Q: How does a brain injury lawsuit begin and proceed?
After seeking medical attention, the first step in a brain injury lawsuit is contacting an experienced attorney for a free consultation. If the attorney moves forward with your personal injury claim, he or she will file the suit and begin to gather evidence, during which time both sides will try to negotiate a settlement.
As stated earlier, the defense will always try to pay less. For this reason, a skilled New York brain injury lawyer is essential for getting the highest compensation possible.
Q: How long does a brain injury lawsuit take?
Each case is different. Sometimes, the process goes fairly rapidly because the parties quickly reach an agreement. This often occurs when the defense is overwhelmingly at fault. A seasoned attorney will advise the client to take the offer only if it’s the maximum they can reasonably shoot for.
Q: What if I was partially to blame for my brain injury?
The state of New York uses a pure comparative negligence formula to determine the percentage of fault each party bears. It allows you to collect compensation in any instance where the other party was at least one percent at fault. The amount of compensation will be reduced or augmented, depending on the plaintiff’s percentage of fault.
Q: How much do I pay to file my claim?
You have no out-of-pocket expenses when Meirowitz & Wasserberg, LLP takes your case. We know how financially crippling it can be to cope with a brain injury. You and your family members must have peace of mind while we litigate your case. For this reason, we don’t receive any fees until you get your compensation.
How We Can Help You
The outcome of your brain injury lawsuit depends on the experience and skill of your attorney. Nothing is left to chance when we fight for your compensation.
At Meirowitz & Wasserberg, LLP, we have successfully pursued settlements and verdicts far above the initial amounts offered by insurance companies. If you need to speak with a brain injury lawyer in New York City, please contact us at your convenience. Our legal team will set up a meeting for a free case evaluation once you reach out.