Seek the compensation you deserve after a traumatic brain injury by filing a personal injury case with the help of an experienced New York brain injury lawyer.
To suffer a traumatic brain injury (TBI) is a life-altering experience. Such an injury can lead to lifelong disability, loss of function, or personality changes. Although most symptoms of a TBI are apparent, some are subtle and undetectable.
If an accident leaves you with brain damage, you may have a lot of unanswered concerns and face an unclear financial future. Consider reaching out to a New York brain injury lawyer for advice on forging a way forward.
Proactively pursuing compensation for a brain injury is critical for your well-being and financial stability, but how much is your injury really worth?
Based on the severity, the impact on your life, and a slew of other variables, a brain injury lawsuit might be worth thousands or millions of dollars.
Here’s what you need to know about TBIs and what you should expect from a TBI injury settlement in New York.
What Is a Traumatic Brain Injury?
Traumatic brain injuries are injuries to the brain caused by a forceful hit to the head. Two distinct forms of traumatic brain injury exist:
- Open TBIs
- Closed TBIs
According to the National Institute of Neurological Disorders and Stroke (NINDS), a closed TBI happens when the head abruptly and forcefully impacts an item, whereas an open TBI occurs when an object penetrates the skull. The severity of a traumatic brain injury depends on the extent of the damage and the location of the injury.
One of the most common causes of mortality and permanent disability in the United States is traumatic brain injuries. According to the CDC, there were over 64,000 TBI-related deaths in the U.S. in 2020, translating to around 176 deaths daily.
Top Causes of TBIs
The following are some more prevalent reported causes of traumatic brain injuries:
- Motor vehicle accidents
- Workplace accidents
- Construction accidents
- Slip and fall accidents
- Sports mishaps
Knowing the cause of the traumatic brain injury is critical to assessing whether you have a legal claim for financial compensation. You have the legal right to submit a claim for damages if you have suffered a brain injury in an accident caused by someone else’s negligence or carelessness in New York. Talk to a New York brain injury lawyer for legal counsel.
Common Types of Traumatic Brain Injuries
Brain injuries can result from internal or external trauma. Here are some of the common TBIs:
A concussion is a mild head injury with short-term effects on brain functioning. The symptoms of a concussion are often brief. These include headaches, nausea, dizziness, forgetfulness, and sensitivity to noise.
Coup, Contrecoup, and Coup-Contrecoup Injuries
This group of focal injuries affects a specific section of your brain. In coup injuries, impact damages locations just underneath or near the point of impact. Countercoup injuries happen when a victim’s brain gets injured on the opposite side of the impact point. Conversely, a coup-contrecoup injury harms the area directly under the point of contact and the opposite side.
Diffuse Axonal Injury
This class of traumatic brain damage occurs when the axons, nerve fibers in the brain, are either stretched or ruptured.
This internal injury causes blood vessels to break, accumulating blood within the brain or between the dura and brain. Hematomas come in a variety of forms, including:
- Epidural hematomas
- Subdural hematomas
- Intracerebral hematoma
- Intraventricular hemorrhage
- Subarachnoid hemorrhage
Penetrating Head Injuries
This severe head injury occurs when a foreign object enters the skull and damages the brain’s tissue.
Determining the Severity of TBIs
First, doctors will likely employ the Glasgow Coma Scale (GCS) when they assess a patient who has had a TBI. The severity of an injury is determined using a point-based system that spans from 3-15.
TBI patients with moderate to severe injuries may require significant therapy. It is essential for a clinician to accurately identify the patient’s damage by taking into consideration the patient’s symptoms and GCS score, the patient’s test findings, and the manner the event occurred. Among the brain scans are computerized tomography (CT scan), magnetic resonance imaging (MRI), and magnetic resonance spectroscopy (MRS).
While mild head injury patients may be able to recover with rest and pain medication, moderate and severe TBI patients usually require more rigorous and expensive treatment to get better. Treatment for traumatic brain injuries focuses on revitalizing the patient and preventing subsequent harm to the brain. Following an accident, the patient’s quality of life is the most essential factor to consider.
Consequences of Traumatic Brain Injuries
Left with lifelong disabilities, an injured person may face difficulties performing daily activities like showering. They may need to employ a full-time caregiver, which is costly. Paying for a caregiver on top of their medical bills increases their total financial burden.
If you have suffered a severe traumatic brain injury, you may be unable to work or earn money in any other capacity for a lengthy period. The entire cost of surgery and in-patient care may surpass your health insurance’s coverage, so you’ll have to pay for your treatment out of pocket. Treatment for a TBI can cost anywhere from $85,000 to $3 million throughout a person’s lifetime.
Many people who suffer from brain injuries can’t find jobs that allow them to support themselves and their families. According to research, the unemployment rate for those with a brain injury two years following diagnosis is 60%. These costs can be devastating with accident victims and their loved ones struggling to adapt to a new way of life after the accident. Additionally, if you cannot work due to your impairments, you and your family may be without a reliable source of income.
Accident victims are entitled to compensation for their present and future medical expenditures lost earnings, and pain and suffering. A seasoned New York brain injury lawyer can help you in your quest for redress and help you move on from the misfortune.
Mental, Physical, and Cognitive Difficulties
People who have suffered moderate to significant traumatic brain injuries are more than likely not going to achieve a full recovery. Depending on the severity of your injuries, you may never be able to lead a regular life again due to a severe physical or mental handicap.
Many people experience cognitive impairments because of traumatic brain injury. You may experience immediate and long-term repercussions, like memory loss, loss of concentration, lowered IQ, and personality changes.
A TBI also increases your risk of developing dementia and suicide.
Effects on Personal and Marital Relationships
Traumatic brain injuries have been linked to a decreased ability of individuals to maintain good interpersonal connections. Couples with a member have had a brain injury have a more significant divorce and separation rate than other couples.
What is My TBI Case Worth?
All TBIs are different, so there’s no clear-cut way of calculating settlement values. A New York brain injury lawyer can help you obtain fair compensation if you have suffered a traumatic brain injury because of another party’s carelessness.
Many TBI lawsuits in New York get settled through private settlement agreements instead of a jury verdict at trial, which significantly benefits the victims. As a potential plaintiff, you deserve to know how much money you may be able to collect.
Below are some TBI damages you may recover after an accident in New York.
These are monetary damages with an exact dollar value. Economic damages may include compensation for lost wages and future loss of income. You can also seek compensation for property damage, hospital bills, and burial expenses for wrongful death claims.
Often referred to as psychological damages, non-economic damages are damages that aren’t directly quantifiable in terms of a dollar amount. Compensation for non-economic losses is available to victims, but it only provides an approximate idea of the full extent of the damage.
Non-economic damages for traumatic brain injury cases may include the following:
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
- Loss of bodily function
TBI victims deserve fair compensation for their economic and non-economic losses in any settlement. For non-economic damages, many formulae are available to aid in the computation of the total worth of economic damages, which must have a fair relationship.
Courts may also award punitive damages to punish gross misconduct or negligence.
Factors that Affect TBI Case Settlements
Since TBI cases vary, it can be had to estimate potential settlement values. Two people who suffer similar TBIs may end up with varying settlement amounts.
Some types of brain injuries necessitate long stays in the hospital. A hospital stay can be costly, and you may be charged for routine services, such as blood work, x-rays, and IV saline fluid bags. Doctors who treat patients in a hospital usually charge separately for their services. A traumatic brain injury settlement’s financial and non-financial aspects are likely to rise with more lengthy hospitalization.
Medical costs often dominate the brain injury victim’s economic damages. Rehabilitation or in-home care might dramatically increase the amount of a settlement.
Non-medical factors that can influence your traumatic brain injury settlement value include how likely you are to succeed at trial and your current wages.
Filing a TBI Lawsuit in New York
Before filing a personal injury negligence claim for a TBI, your injury must have been because of another party’s negligence. Call a New York brain injury lawyer if you can establish that someone else was to blame for the accident. Your lawyer can help investigate the facts and build a solid case.
Under the New York Civil Practice Laws and Rules, the statute of limitations for TBI lawsuits is three years. Failing to meet this deadline can cause the dismissal of your case.
As the case proceeds, you must prove the defendant is responsible for your injuries and losses. A New York brain injury lawyer will help demonstrate that:
- The accused party owed you a duty of care
- The defendant failed to honor the duty of care
- Negligent behavior by the defendant causes the accident
- You suffered losses because of the accident.
TBI lawsuits may involve one or multiple defendants.
Consult a New York Brain Injury Lawyer
Getting medical care as soon as possible is essential after a traumatic brain injury. The next step should be calling a New York brain injury lawyer.
Brain injuries may be brutal and much harder to handle legally. An experienced New York brain injury lawyer will work hard, collaborating with medical professionals to investigate and analyze the aspects of the accident, including the financial burdens the sufferer and their family encountered. They will extensively examine your long-term medical and economic demands so that you may seek compensation to cover both current and future expenditures.
While attorneys cannot promise a particular settlement or judgment amount, reach out for advice on seeking total and equitable compensation from the culpable parties.