NEW YORK BRAIN INJURY ATTORNEY

The brain is a particularly sensitive organ, and medical professionals are now realizing the impact this can have on injuries.

The expected causes of brain injuries – direct hits to the head such as those in a car accident, construction accident, or sports injury – aren’t the only ways that the brain can be seriously harmed. Because the brain is not rigidly connected to the skull, rapid acceleration, deceleration, or change in direction can cause movement, leading the brain to be thrown around the inside of your skull. This is referred to as a closed head injury.

The Brain Injury Association of America listed falls as the leading cause of traumatic brain injury. That means a simple slip and fall somewhere puts you at greater risk than you realize. While victims of severe TBI may suffer significant cognitive impairments, victims of less severe TBI can still experience the following:

• Seizures;
• Memory loss;
• Headaches;
• Difficulty with concentration;
• Personality changes; or
• Psychological symptoms.

Another great concern of TBI is that the symptoms are not always caught at first. CT scans can show some moderate-to-severe cases of TBI, but other tests are often needed to find more mild cases, causing it to linger without treatment.

Morgan & Morgan’s New York City brain injury attorneys will perform a thorough investigation into your case. Along with gathering evidence and witness testimonies, our attorneys will work with relevant medical experts in New York to help prove the severity of our clients’ injuries and determine how much they are owed in damages.

To go about doing this, your attorney will work on proving the four elements of a brain injury lawsuit:

Duty of Care: Duty of care refers to a legal obligation to adhere to a certain standard or level of care. For example, property owners are legally obliged to maintain safe premises for visitors and workers.

Breach of Duty: A breach of duty means that the at-fault party did not satisfy their duty of care, and thus acted negligently. For example, if the aforementioned property owner has a wet or hazardous area on their grounds and neglected to fix or warn guests about it, he may have breached his duty of care.

Causation: The victim’s injury was a direct result of the defendant’s negligence.

Damages: If the injured party does not sustain damages, they may not be eligible to file a claim. For example, if a guest slips on an icy surface, but does not incur economic or noneconomic losses as a result, he may not have a viable case against the property owner.

Should we win your brain injury lawsuit, you could be entitled to compensation for the following damages:

• Medical Bills: Brain injury victims may be able to recover medical bills resulting from their injury including, but not limited to, future expenses, medication, doctors’ visits, rehabilitation, and physical and occupational therapy.
• Pain and Suffering: Brain injury victims can recover compensation for the long-term physical and emotional pain they face after the incident (e.g. brain damage or amnesia).
• Lost Wages: TBI Victims can be reimbursed for their lost wages by filing a brain injury lawsuit. Victims may also be able to recover compensation if the incident impacts their future earning potential.
• Wrongful Death: When the victim of a brain injury doesn’t survive the incident, the victim’s spouse or child may be able to receive compensation by filing a wrongful death lawsuit against the negligent party. They could receive compensation for the financial damages related to their loved one’s death (e.g. funeral expenses, loss of wages, etc). The family can also seek compensation for the pain and suffering they face, loss of consortium, and other non-economic damages.

If you or a loved one is dealing with a brain injury in the New York area, don’t hesitate to contact Morgan & Morgan and learn what you may be able to get in compensation. For more information, fill out our case review form for a free evaluation.