The human skull is solid and protects delicate brain tissue from trauma, but it may not be sufficient when a person suffers a violent blow to the head. The brain can sustain significant injuries, causing serious injury, death, and disability for the victim.
These injuries are common, according to data from the US Centers for Disease Control and Prevention (CDC), which indicates that there are more than 223,000 injured victims and almost 64,500 fatalities every year. Traumatic brain injuries (TBI) may range from minor injuries to severe injuries, permanent injuries, and the top cause is accidents.
Fortunately, victims do have rights under New York law. It is possible to recover compensation for your losses, and Poltielov Law Firm P.C. will advocate on your behalf throughout the legal process. We have years of combined experience and meticulous knowledge of the relevant concepts, so we are ready to pursue the at-fault party.
Why You Need a Queens Traumatic Brain Injury Lawyer
Brain injury cases require specialized knowledge of both medicine and law. A Queens traumatic brain injury lawyer understands how these injuries affect victims and their families. Traumatic brain injury cases involve complex medical evidence and often face resistance from insurance company representatives.
Brain injury attorneys work with medical experts to prove the extent of your harm. They know how to document cognitive function loss, physical impairments, and other lasting effects. Without experienced representation, you risk accepting less than you deserve.
The financial burden of traumatic brain injury treatment can be overwhelming. Medical bills, lost wages, and future care costs add up quickly. A traumatic brain injury lawyer fights to seek compensation that covers all your expenses.
Please contact our firm to set up a no-cost consultation right away. A New York traumatic brain injury lawyer can provide specifics, but you may benefit from reviewing some basics about TBI cases.
Understanding Traumatic Brain Injury
The CDC describes TBI as trauma that affects how the brain works, usually because of a jolt, blow, or penetrating injury from an accident. TBI may also be classified as an anoxic brain injury when the trauma leads to oxygen deprivation to the brain, killing brain cells and causing extensive brain damage.
Traumatic brain injury (TBI) ranges from mild concussion to severe TBI with lasting complications. Brain injuries occur when external force disrupts the normal functioning of the brain. The severity determines treatment needs and long-term outlook.
The ICD 10 Code for traumatic brain injury provides additional detail, stating that the effects to the cerebral hemispheres, cerebellum, and brain stem vary according to the nature of the harm. A TBI could be minor in the case of concussion, but these injuries can also lead to paralysis, cognitive conditions, and death.
Types of Traumatic Brain Injuries
Closed head injury occurs when the brain moves inside the skull without any break in the bone. This type includes concussions and contusions from blunt force trauma. Closed head injury cases may seem less severe initially but can cause serious complications.
Open head injury involves skull fracture or penetrating injuries that expose brain tissue. These injuries require emergency surgery and extensive treatment. Open head injury cases often result in catastrophic injury with permanent effects.
Brain bleed or hemorrhaging happens when blood vessels rupture inside the skull. This creates dangerous pressure on brain tissue and requires immediate medical attention. Even small bleeds can be life-threatening if not treated quickly.
How Brain Injuries Occur
Motor vehicle accidents are the most common cause of brain trauma, including car, truck, and motorcycle crashes. Vehicle accidents cause thousands of traumatic brain injury cases each year in New York. The force of impact can cause head trauma even with seatbelts and airbags.
In addition, a person may suffer TBI from a slip and fall, medical malpractice, pedestrian or bicycle accident, defective product, assault, and many other causes. Sports injuries also contribute to traumatic brain injury statistics, especially in contact sports. Falls are particularly dangerous for older adults and young children.
Blunt force trauma from any source can cause brain injury. Construction accidents, workplace incidents, and violent crimes all lead to head injury cases. Understanding how brain injuries occur helps prevent future incidents.
If you were involved in an accident, you should get immediate medical attention for such traumatic brain injury symptoms as:
- Headache;
- Nausea and vomiting;
- Blacking out and memory loss;
- Dizziness;
- Mood swings and angry outbursts; and,
- Fatigue.
Seek medical attention even if symptoms seem minor. Mild TBI can worsen without proper care. Early treatment improves outcomes and creates important medical records for your claim.
The Impact of Traumatic Brain Injury
Traumatic brain injury victims face challenges that affect every aspect of life. Brain function changes can impact memory, concentration, and decision-making abilities. Many victims struggle with physical impairments like balance problems and coordination issues.
Cognitive function decline affects work performance and daily activities. Traumatic brain injury victims may need help with tasks they once did easily. Family relationships often suffer as personality changes and mood disorders develop.
Mental distress commonly accompanies brain injury. Depression, anxiety, and emotional volatility are frequent complications. Traumatic brain injury victims need support from mental health professionals as well as medical doctors.
Medical Treatment for Brain Injuries
Immediate medical attention is critical after any head injury. Emergency room doctors assess injury severity and provide initial treatment. Severe cases may require surgery to relieve pressure or repair damage.
Ongoing medical treatment helps victims regain lost abilities. Physical therapy addresses movement and balance problems. Occupational therapy teaches strategies for daily tasks and work activities.
Medical treatment for serious brain injury continues for months or years. Traumatic brain injury patients often need multiple specialists, including neurologists, psychiatrists, and rehabilitation experts. The cost of this care creates a financial burden for families.
Legal Rights of Brain Injury Victims
New York law allows traumatic brain injury victims to seek compensation from those responsible for their injuries. Personal injury law covers brain injury cases caused by someone else’s negligence or wrongful actions. You have the right to hold liable parties accountable.
Proving negligence requires showing that someone failed to act with reasonable care. A Queens brain injury lawyer gathers evidence to establish fault. Determining liability may involve multiple parties in complex cases.
Personal injury cases must be filed within the statute of limitations. New York law gives victims three years from the injury date to file most claims. Missing this deadline can prevent you from recovering compensation.
Building a Strong Brain Injury Case
Brain injury attorneys use multiple types of evidence to prove your claim. Medical records document the diagnosis, treatment, and prognosis. These records show the connection between the accident and your injuries.
Expert testimony from medical professionals explains how the brain injury affects you now and in the future. These experts testify about brain function loss and treatment needs. Their opinions carry weight with insurance company adjusters and juries.
The claims process requires thorough documentation of all losses. Medical bills, lost wages, and other expenses must be proven. A traumatic brain injury attorney ensures nothing is overlooked.
Types of Compensation Available
Economic damages cover measurable financial losses from your brain injury. Medical bills include emergency care, hospital stays, surgery, and rehabilitation. Future medical treatment costs are also included for ongoing medical treatment needs.
Lost wages compensate for time missed from work during recovery. If your brain injury prevents you from returning to your previous job, you can claim lost earning capacity. This accounts for reduced income over your lifetime.
Non-economic damages address mental distress, pain, suffering, and reduced quality of life. Serious brain injury causes emotional and psychological harm that deserves fair compensation. These damages recognize how traumatic brain injury changes your entire life.
The Legal Process for TBI Claims
Personal injury lawsuit filing begins after settlement negotiations fail. A Queens traumatic brain injury attorney files court documents outlining your claim. The defendant must respond within a specified timeframe.
The discovery phase allows both sides to exchange evidence and information. Depositions, document requests, and interrogatories are part of this complex legal process. Brain injury cases often involve extensive medical evidence review.
Most traumatic brain injury claims settle before trial. Your legal team negotiates with the insurance company to reach an agreement. If settlement talks fail, your case proceeds to trial where a judge or jury decides the outcome.
Help with the Legal Process
Our New York TBI attorneys at Poltielov Law Firm P.C. will seek all available damages for your losses, including medical costs, emotional distress, and pain and suffering. We will tackle all critical tasks in the legal process, so you can trust us to:
- Investigate and collect evidence;
- Review police reports, accident reports, and insurance policies;
- Discuss settlement options to resolve your claim out of court; and,
- File a lawsuit if the insurer will not pay a fair amount for your losses.
Our legal team has experience handling severe TBI cases that result in permanent injuries. We understand the medical complexities of traumatic brain injury and work with specialists to build strong cases. Queens traumatic brain injury victims receive personalized attention from our firm.
Why Choose Our Queens TBI Attorney
A Queens TBI attorney from our firm brings local knowledge and proven results. We understand New York courts and know how to work with local insurance company representatives. Our personal injury lawyers have recovered significant compensation for brain injury clients.
Brain injury attorneys at our firm handle all types of cases including mild TBI and catastrophic injury claims. We represent victims of car accidents, falls, medical malpractice, and other incidents. No case is too complex for our experienced team.
We offer a free consultation to discuss your situation. During this meeting, a personal injury attorney reviews how the accident occurred and evaluates your claim. You’ll learn about your legal options without any obligation.
What to Expect Working with Our Legal Team
Communication is a priority throughout your case. Our legal team keeps you informed about developments and explains each step. We answer questions and provide guidance during this difficult time.
Recovering compensation takes time, but we work efficiently to resolve your claim. Our personal injury lawyers handle negotiations while you focus on recovery. We only get paid when you receive compensation.
The claims process can feel overwhelming after suffering a traumatic brain injury. Our Queens brain injury lawyer handles the legal details so you can concentrate on healing. We fight for maximum compensation while you attend medical treatment appointments.
Taking Action After a Brain Injury
Seek medical attention immediately after any accident involving head trauma. Even if you feel fine, some brain injury symptoms appear hours or days later. Early diagnosis improves treatment effectiveness and creates documentation for your claim.
Document everything related to your accident and injuries. Take photos, get witness contact information, and keep all medical records. This evidence supports your traumatic brain injury claims and helps prove damages.
Contact a brain injury lawyer as soon as possible after your accident. Early legal help protects your rights and preserves evidence. A Queens traumatic brain injury lawyer can start investigating while details are fresh.
Frequently Asked Questions
What is the difference between mild and severe traumatic brain injury?
Mild TBI or mild concussion typically involves a brief loss of consciousness and temporary symptoms. Most people recover fully within weeks or months. Severe TBI causes extended unconsciousness, significant brain tissue damage, and long-term complications. Severe cases often result in permanent injuries affecting cognitive function, movement, and daily activities. A traumatic brain injury attorney evaluates the full extent of your injuries regardless of initial classification, since even mild TBI can have lasting effects that deserve fair compensation.
How long do I have to file a brain injury claim in New York?
New York law generally provides three years from the accident date to file personal injury cases, including traumatic brain injury claims. This statute of limitations applies to most vehicle accidents, falls, and other incidents. Some exceptions exist for cases involving government entities or medical malpractice, which have shorter deadlines. A Queens brain injury lawyer ensures your claim is filed on time. Waiting too long can prevent you from recovering compensation, so contact a brain injury attorney soon after your accident.
What compensation can I receive for a traumatic brain injury?
Compensation in brain injury cases covers medical bills, lost wages, future medical treatment costs, physical therapy, occupational therapy, and other care expenses. You can also claim mental distress, pain, suffering, and reduced quality of life. Severe TBI cases resulting in permanent injuries may include damages for lifelong care needs and lost earning capacity. A Queens traumatic brain injury lawyer fights for maximum compensation that addresses both current and future losses. The amount depends on injury severity, treatment needs, and how the brain injury affects your life.
How do brain injury attorneys prove my case?
Brain injury attorneys gather medical records, imaging studies, and expert testimony to document your injuries. Medical experts explain how the accident caused your traumatic brain injury and describe the impact on brain function. Proving negligence requires showing that someone else’s careless or reckless actions caused your head injury. Legal team members collect accident reports, witness statements, and other evidence. This comprehensive approach builds a strong case for recovering compensation from responsible parties and their insurance company.
What should I do immediately after suffering a head injury?
Seek medical attention right away, even if symptoms seem minor. Some brain injuries occur without obvious signs initially. Get examined by medical professionals who can diagnose traumatic brain injury and begin treatment. Follow all treatment recommendations, including ongoing medical treatment, physical therapy, and specialist appointments. Document your symptoms and how they affect daily life. Contact a traumatic brain injury lawyer to discuss your legal rights. A free case evaluation helps you understand whether you have a valid claim and how to proceed with seeking compensation.
Contact a New York Traumatic Brain Injury Lawyer to Learn More
If you or a loved one suffered TBI in an accident, please contact Poltielov Law Firm P.C., or call us now at 718-880-2911 to schedule a free case evaluation. After learning more about your story, a New York TBI attorney can advise you on legal remedies.
Our personal injury attorneys serve clients throughout Queens, NY and surrounding areas. We handle all types of personal injury cases including brain injury cases from car accidents, vehicle accidents, falls, medical malpractice, and other incidents. Our firm provides a free consultation to every potential client.
Recovering compensation for traumatic brain injury requires experienced legal representation. Our legal team understands the medical and legal complexities of these serious injury cases. We work tirelessly to seek compensation that covers your medical bills, lost wages, and all other losses. Contact us today for your free case evaluation and learn how we can help.