According to the Centers for Disease Control and Prevention (CDCP), Traumatic Brain Injuries (TBIs) are the cause of 282,000 hospitalizations each year. A TBI occurs when the skull is penetrated from a blow to the head. Currently, one of the leading causes of TBIs are motor vehicle accidents. On average, a TBI results in a two-week hospitalization, depending on the severity of the injuries. In some instances, these injuries are a result of someone else’s negligence.
A serious side effect of a TBI is the loss of vision. While some individuals may experience a loss of vision for a short period of time, others may experience a permanent loss of sight. A permanent loss in sight requires life-long care and treatment, which may be costly. Loss of sight can affect all aspects of a person’s life, including day-to-day physical activities as well have both an emotional and psychological impact.
According to the National Highway Traffic Safety Administration (NHTSA), half of the automobile accidents that occur each year are the result of a driver disobeying traffic signs and signals. The other half of accidents occur as a result of a driver error, including speeding, texting, driving under the influence, or engaging in distracting activities, while behind the wheel.
A person that suffers a TBI, which results in a loss of vision due to someone else’s negligence, may be entitled to recover damages. Negligence is the failure to use the standard of care that a reasonably prudent person under similar circumstances would have used and, as a result of this failure, a person was injured.
To prove negligence, a person must show:
- The defendant had a duty of care;
- The duty of care was breached;
- The breach was a direct cause of the accident; and
- The Plaintiff was harmed.
If you or a loved one has suffered a TBI that resulted in a loss of vision due to someone else’s negligence, it is important to contact an experienced New York personal injury attorney who can advise you of your legal rights and remedies. The attorneys at Levine & Slavit, PLLC have over 60 years of experience representing clients in personal injury actions, including motor vehicle accidents. With law offices conveniently located in Long Island and New York City, Levine & Slavit, PLLC represents clients throughout Nassau County and Suffolk County as well as Manhattan, Staten Island, the Bronx, Brooklyn, and Queens. For more information or to schedule a consultation, call (888)-LAW-8088.