Find a Brain Injury Lawyer on Long Island
Sustaining any head injury can be an horrific experience. Most people have bumped their heads at some point in their lives, whether by striking a cabinet door, falling on the ground or being hit by any other object. Making contact with any hard object can be painful, but most abrupt head injuries like these do not result in permanent and catastrophic damage. The more serious head injuries are often sustained in car accidents, workplace incidents, sporting events or slip and fall accidents. Any serious accident has the potential to result in severe head injuries, many of which are considered traumatic brain injuries (TBIs). These injuries can have lifelong consequences that have a significant impact on a person’s life. When a TBI is caused by another’s negligent behavior, victims often seek legal advice.
The damages stemming from a TBI do not simply go away, but while there’s no way to go back in time and prevent an accident from happening in the first place, our legal system allows victims to hold negligent parties accountable for their conduct. A traumatic brain injury attorney on Long Island with Parker Waichman LLP can help you get compensation for the damage that has been done to your health and your life. We’ve represented numerous clients in similar situations, and we’ll give you a free case evaluation to help you learn about your legal rights. Just call 1-800-YOUR-LAWYER to get started.
What Are Traumatic Brain Injuries (TBIs)?
Head injuries, regardless of severity, can be painful and have the potential to cause long-lasting damage. Some head injuries are trivial and result in only a bump or bruise on the head. Other, more serious head injuries go beyond a simple bump on the head. Such head injuries are called traumatic brain injuries (TBIs), and they often affect a person’s cognitive abilities. A traumatic brain injury is characterized by the Centers for Disease Control and Prevention (CDC) as “a disruption in the normal function of the brain that can be caused by a bump, blow or jolt to the head or a penetrating head injury.” Because every person is different, the effects of a TBI are likely to be different from person to person.
Many TBIs do not present any visible symptoms and can therefore be elusive to diagnose. For example, if a person sustains a concussion, which is a very common TBI, they may not have a bruise or bump on the head but may experience symptoms that suggest that there has been damage to the brain. Many concussions and similar TBIs go undiagnosed, especially if such injuries are sustained while playing sports such as football or soccer.
TBIs can lead to the need for long-term medical care and significant medical expenses, placing a burden on the injured individuals, family members, and the Long Island community. Many people who sustain severe TBIs may not be able to work, which can have consequences to the patient and their family that go far beyond physical and mental pain.
Understanding the Signs and Symptoms of a Traumatic Brain Injury (TBI)
Signs and symptoms of a TBI can be similar to other conditions, such as migraines, generalized headaches, and even seizures. As such, it is crucial that every symptom is taken seriously. Signs and symptoms of TBIs include:
- Impaired vision
- Difficulty concentrating
- Difficulty with memory
- Difficulty retaining information and learning new things
- Nausea and vomiting
- Chronic fatigue, exhaustion or lethargy
- Light sensitivity (also a symptom of migraines)
- Sensitivity to sounds
- Depression, suicidal thoughts, and other behavioral changes
- Difficulty sleeping
A TBI may cause just one symptom or many. Because TBIs are unique, it’s important that anyone who has sustained a head injury acts quickly to seek medical care. Even if a person does not believe they have suffered a TBI, there’s no way to know for sure without an evaluation from a doctor.
New York Traumatic Brain Injury (TBI) Statistics
|DEATHS||HOSPITALIZATIONS||EMERGENCY ROOM VISITS|
|YEAR||TBIs||Rate per 100,000||TBIs||Rate per 100,000||TBIs||Rate for 100,000|
Overall, deaths and hospitalizations associated with TBIs have remained steady, but emergency room visits have increased. Perhaps an increase in population has contributed to the rise, or perhaps more individuals are seeking treatment for suspected TBIs. Whatever the reason may be for the increase in emergency room visits, early treatment of TBIs is essential to minimize the potential for long-term and permanent consequences.
Understanding the Causes of Long Island Traumatic Brain Injuries
A person can suffer a TBI in many ways, but some individuals are at greater risk of suffering a TBI than others. Because of their physical vulnerabilities, elderly citizens are more likely to fall and therefore more likely to sustain TBIs, many of which are permanent or fatal. Athletes who engage in sports such as football, basketball, and soccer are also vulnerable to TBIs.
While the risk may be greater for the elderly and those playing contact sports, anyone can sustain a TBI from an accident, whether it’s a car accident, workplace accident or slip and fall. Any blunt-force trauma to the head can cause significant damage. The more severe an accident is, the more serious a TBI is likely to be. Regardless of how and why a TBI happens, early intervention is crucial. Waiting too long to seek medical treatment can result in irreversible damage.
Pursuing Traumatic Brain Injury Lawsuits and Settlements
When another person’s conduct causes a TBI, the injured victim may wish to take legal action to recoup compensation for damages such as pain and suffering, medical expenses, and lost income. If a person is unable to work because of a TBI, that person may be entitled to future lost income and future estimated medical expenses. The total cost of a TBI can be astronomical, primarily because the cost of health care has continued to increase year after year.
If a person has become incapacitated because of a TBI, a loved one may have the ability to file a TBI lawsuit on behalf of the injury victim. A person’s inability to make decisions on their own behalf is a catastrophic consequence of many TBIs, and if another person is responsible for causing the TBI, that person may be found liable and have to pay damages. The worst-case scenario for a TBI victim is if the injury is fatal. In such cases, a loved one may wish to file a wrongful death lawsuit against the responsible party.
Time Limitations on Filing a Traumatic Brain Injury (TBI) Lawsuit in New York
While injury victims have the right to file a lawsuit, there are limitations on how much time a victim or their loved ones will have to do so. All states have laws governing these time limits, which are called statutes of limitations. In New York, a person wishing to file a personal injury lawsuit after sustaining a TBI usually has three years from the date of the injury to do so. If a person suffers a fatal TBI and a loved one wishes to file a wrongful death lawsuit, that lawsuit must be filed no later than two years after the victim’s death.
These deadlines are very strict, and if your lawsuit is not filed within the time allowed, it’s likely that your case will be automatically dismissed, no matter how strong your claim may be. In unique situations, exceptions may apply that allow victims to file lawsuits after the usual deadline, but it’s never advisable to rely on exceptions. Instead, anyone considering legal action should act quickly to speak with a traumatic brain injury attorney. Our Long Island personal injury attorneys are available to answer any legal questions you may have, and we’ll do so for free.
Understanding the Steps of a Long Island Traumatic Brain Injury (TBI) Lawsuit
New York’s court system has a full calendar of trials that are often booked more than a year or two in advance. As such, the process of pursing a lawsuit can take a very long time. While the legal process can be slow, it’s important to remember that it takes time to investigate a potential case, gather evidence, and adequately prove a claim in court. Anyone considering legal action should be prepared to go through the following steps from start to finish:
- Case Evaluation: The first step is to speak with a traumatic brain injury attorney. Long Island lawyers with our firm can help you start a potential lawsuit by gathering basic facts to evaluate whether you should pursue your claim in court.
- Attorney Decision: After reviewing the initial case information, an attorney will either decide to move forward if the client wishes to or decline the case and explain why.
- Filing the Lawsuit: If both the injured client (or the client’s representative) and the attorney agree to move forward with legal action, the attorney will file a complaint seeking damages in court.
- Investigation/Discovery Stage: The crux of any personal injury or wrongful death lawsuit is to prove that someone else is at fault for a person’s injuries. To do so, an attorney must develop a case by gathering evidence in the form of documents and depositions. Once a lawsuit is filed, each of the parties will exchange information (such as medical records and accident reports) and will take depositions of the involved parties, witnesses, and relevant experts.
- Mediation and Settlement Negotiations: Most cases are resolved before going to trial. Settlement negotiations may be ongoing throughout the entire litigation, and mediation may be introduced to see what it will take to resolve the matter. However, if a settlement is not in the best interest of the client and the client does not want to settle, the case may proceed to trial.
- Going to Trial: For cases that do not resolve through settlement negotiations or mediation, the trial is next. Settlement negotiations may continue as the trial goes on, so it’s possible that a jury verdict will still not be needed. Otherwise, the jury will decide whether the injured person is entitled to compensation.
- The Appeals Process: The losing party in a case may file a notice of appeal and take the case through New York’s appellate courts. The entire appeals process can take a very long time, which is one reason why injury victims frequently choose to accept a settlement before going to trial.
Frequently Asked Questions About Long Island Traumatic Brain Injury Accidents
What if a TBI Is Diagnosed Months After the Injury Was Sustained?
If a TBI is diagnosed months or even a year or more after the injury was sustained and someone else was responsible for causing it, it’s important to act quickly to speak with an attorney. While many injuries are identifiable shortly after they are sustained (such as injuries resulting from a car accident), others (such as concussions sustained after multiple football games) are not as easy to identify right away. Given that there are time limitations on how long a person has to file a lawsuit, an injured individual should speak with a Long Island traumatic brain injury attorney as soon as possible after their diagnosis to preserve their legal rights.
How Do I Know if Someone Else Is at Fault for Causing My TBI?
If a person suffers a TBI because of a car accident or other incident that involved other parties, there’s always a question of whether someone else is responsible for causing the TBI. The only way to know for sure if someone else can be held responsible for causing a TBI is to speak with an attorney. A qualified attorney can evaluate your case to determine if there’s sufficient evidence to prove that another person is responsible for causing your injuries. If a TBI is sustained because of a sports-related injury, a workplace accident or a slip and fall accident, it’s especially important to speak with an attorney, as these types of accidents can be difficult to investigate.
Can a Person Make a Full Recovery After a TBI?
It depends. A person may be able to fully recover from a mild to a moderate concussion or even a moderate blow to the head. However, a significant number of TBIs have long-lasting consequences that prevent a person from making a full recovery. In addition, one concussion may not have permanent consequences, but repeated concussions (such as those football players sustain) can collectively result in irreversible damage that does not allow for a full recovery.
How Is Compensation Measured When Pursuing a TBI Lawsuit?
Compensation is measured and considered based on how severe a TBI is. If a TBI prevents a victim from being able to return to work, they will have lost income, and this loss may continue indefinitely. This individual will also have substantial medical bills that are likely to increase over time. If a TBI causes permanent damage that impairs a person’s ability to handle basic tasks, compensation for pain and suffering is likely to be greater. The amount of compensation is also dependent on who the defendant is in a case and whether an insurance policy will be used to compensate a victim.
Choose the Firm With More
Than $2 Billion in Successes
As a nationally recognized personal injury law firm, Parker Waichman has the necessary resources, talent, dedication, and experience to help individuals get compensation when they have suffered catastrophic injuries. A skilled traumatic brain injury attorney on Long Island can understand how the devastation associated with a TBI can harm a person and their family and fight hard for their legal rights. Our attorneys have recovered more than $2 billion for clients through verdicts and settlements, demonstrating our legal team’s ability to help injured victims recover from life-changing experiences.
In recognition of our success in helping clients receive the compensation they deserve, we’ve earned numerous honors from our peers, including:
- A 9.8/10 rating from AVVO
- The highest peer-review rating, “AV Preeminent,” from Martindale-Hubbell
- The highest ranking of “5 Dragons” from Lawdragon
- Inclusion in Best Lawyers, determined by extensive peer review
But peer-review ratings only tell part of the story. To find out more about our law firm and how we have been able to help so many clients, we urge you to contact our office in Port Washington for a free consultation.
Get a Free Case
Coping with the aftermath of a traumatic brain injury can be devastating, not only for the victim but also for family members who must adjust their own lives to help their loved one face a potentially permanent injury. Whether you or a loved one has sustained a TBI, acting quickly to seek legal advice is crucial to preserving the right to pursue legal action. Call our experienced Long Island personal injury attorneys today at 1-800-YOUR-LAWYER (1-800-968-7529) to schedule a free consultation in either English or Spanish. We’ll help you understand your rights and determine whether you have a strong claim for compensation.
How Do I Get My Police Report?
Within hours of an arrest or accident, a police report is generated by the investigating officer who inputs the case information. If the case is ongoing, it may be difficult to obtain the report or you may only be able to get the “public portion” until the case has wrapped up and any charges have been filed. After the police investigation has concluded, your attorney will have access to the full police report and you can ask them for a copy. The only other way to obtain a copy of a police report is to go to your local government website and request a report by filling out a form and either submitting it electronically, via mail, or in person depending on the instructions listed on your local government’s website. There may be a fee associated with requesting a copy of a police report and it may take several days after the incident for the report to be available.
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