A traumatic brain injury (TBI) can disrupt every aspect of your life in an instant. Brain injuries can lead to high medical bills, emotional stress, and long recovery times. If you or someone you love has a brain injury in New York, NY, the New York brain injury attorneys at Levine & Slavit, PLLC can help. With over 50 years of experience, we’ve won millions for injury victims, helping them move forward.
The aftermath of a brain injury can be overwhelming. Victims often face months or even years of rehabilitation and care while families struggle to manage financial burdens and emotional stress. Everyday tasks may become difficult, and the uncertainty about the future can add to the challenges. This is why it is so important to have a trusted legal team by your side, advocating for your rights and ensuring you receive the compensation you need.
Brain injuries often leave victims and their families grappling with uncertainty. Getting compensation can be tough, especially when insurance companies push back. At our law office in New York, NY, we guide you with care and fight for the justice and compensation you deserve. Contact us today at (212) 687 2777 to schedule a free consultation with a New York brain injury lawyer.
How Levine & Slavit, PLLC Can Help With a Brain Injury in New York
When pursuing a brain injury claim in New York, NY, the stakes are high. These cases are some of the hardest in personal injury law and need strong evidence and expert help. Insurance companies often try to make brain injuries seem less serious and pay much less than they should. Levine & Slavit, PLLC, knows how to fight back and get the most compensation for our clients.
Our firm handles brain injury claims with care and attention to detail.
Our New York personal injury lawyers can do the following:
- Investigate your claim
- Collect evidence
- Consult experts
- Communicate with insurance companies
- Negotiate for a fair settlement
- Represent you at trial if necessary
Our New York personal injury attorneys have a strong history of success. Our New York brain injury lawyers are tough when dealing with insurance companies and skilled in court. With years of experience and a focus on your needs, we stand by you every step of the way.
Understanding Brain Injuries
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury happens when an external force damages the brain. These injuries can range from mild concussions to severe trauma, causing lasting physical, mental, and emotional problems. Even minor brain injuries can affect critical functions like memory, decision-making, and movement.
The brain is divided into four key regions:
- Cerebrum: Responsible for higher cognitive functions, including thought, memory, and voluntary movements.
- Cerebellum: Governs balance, coordination, and fine motor skills.
- Brain Stem: Controls life-sustaining functions such as breathing and heart rate.
- Diencephalon: This includes the thalamus and hypothalamus, which regulate sensory information and basic bodily functions.
Damage to any of these areas can result in significant impairments, underscoring the importance of immediate medical attention after any head injury.
What are the types of Brain Injuries?
Brain injuries are generally classified into two main categories: traumatic brain injuries (TBI) and non-traumatic brain injuries. Each type can cause severe and lasting consequences, depending on the specific circumstances.
Traumatic brain injuries are caused by external forces, such as:
- Falls: Leading cause of TBIs, particularly among children and the elderly.
- Motor Vehicle Accidents: High-impact collisions often result in severe brain trauma.
- Violence: Gunshot wounds, assaults, or domestic violence can cause catastrophic brain injuries.
Non-traumatic brain injuries result from internal conditions, such as:
- Strokes: Interruption of blood flow to the brain can cause irreversible damage.
- Infections: Conditions like meningitis or encephalitis may lead to significant neurological complications.
- Oxygen Deprivation: Near-drowning or other medical emergencies can result in anoxic brain injuries.
Each brain injury is different and needs a specific legal plan to ensure fair compensation.
How Common Are Brain Injuries?
In the United States, the CDC reports over 69,000 TBI-related deaths each year, which is about 190 deaths per day. Millions of Americans also experience TBIs annually. In New York, common causes of TBIs include car accidents, slip and falls, and workplace injuries. Symptoms of Brain Injuries
The symptoms of a brain injury can vary significantly depending on its severity.
Common symptoms of mild TBIs include:
- Headaches
- Dizziness
- Memory problems
- Fatigue
- Difficulty concentrating
Severe brain injuries may cause more dramatic symptoms, such as:
- Loss of consciousness
- Seizures
- Vision loss
- Difficulty speaking or walking
- Significant personality changes
The long-term impact of a brain injury can be life-changing, and victims often face the following:
- Cognitive impairments, such as difficulty solving problems or focusing.
- Emotional challenges, including depression, anxiety, and mood swings.
- Physical disabilities, including chronic pain or loss of mobility.
These effects often require ongoing medical treatment and rehabilitation, placing financial strain on victims and their families.
What Causes Brain Injuries?
Below are some of the most common causes of traumatic brain injuries (TBIs):
- Motor Vehicle Accidents: Car, motorcycle, truck, and bike accidents are top causes of brain injuries. These crashes can cause head trauma, like concussions or bleeding in the brain. Pedestrians hit by cars also face serious risks of brain injuries.
- Slip and Fall Accidents: Falls are a big cause of brain injuries, especially for older adults and kids. Wet floors, bad lighting, or uneven ground are common reasons for falls that lead to head injuries.
- Workplace Accidents: Construction and factory jobs often lead to brain injuries. Falls, falling objects, or heavy machinery accidents are common causes. Employers must keep workers safe by giving them proper gear and safe places to work.
- Sports and Recreation: Playing contact sports like football or boxing and doing activities like cycling or skiing can lead to brain injuries. Wearing helmets can reduce the risk, but repeated hits to the head may still cause serious, long-term issues like chronic traumatic encephalopathy (CTE).
- Acts of Violence: Assaults or gunshot wounds are another cause of brain injuries. These injuries are often life-changing and may involve both civil lawsuits and criminal charges.
- Defective Products: Faulty helmets or airbags can fail during accidents, leading to brain injuries. Manufacturers may be held accountable under product liability laws.
- Boating and Water Accidents: Near-drowning incidents or boating collisions can cause anoxic brain injuries due to oxygen deprivation.
- Medical Negligence: Errors during surgery, anesthesia, or failure to diagnose conditions like strokes can result in significant brain damage.
Brain injuries can result from a variety of incidents, often caused by external forces or unsafe conditions. Understanding the specific cause of a brain injury is essential for establishing liability and seeking fair compensation.
How Much Is My Brain Injury Case Worth?
The value of brain injury cases varies greatly depending on various factors, including the following:
- The severity of your injuries
- Available insurance policies
- Time missed from work
- Whether you are able to return to work
- Medical treatment required
- How the injury impacts your overall quality of life
An experienced personal injury attorney can help assess your case’s worth and fight to ensure you don’t settle for less.
How Do You Prove Liability in Brain Injury Cases?
Most brain injury cases arise due to negligence, which requires you to prove the following evidence by a preponderance of the evidence:
- A duty of care was owed
- There was a breach of duty
- The breach of duty caused your injuries
- You suffered damages
To prove negligence, the following evidence is often used:
- Medical records
- Bills
- Receipts
- Invoices
- Repair estimates
- Expert testimony
- Witness statements
- Accident reports
- Photos
- Videos
- Surveillance footage
Our attorneys are skilled negotiators and litigators, ensuring that you receive the compensation you deserve, whether through settlement or trial.
Can I Recover Compensation if I’m Being Blamed for My Brain Injury?
New York is a pure comparative negligence state that allows you to recover damages if you are partly to blame for your injury. However, the amount of compensation you can recover is reduced in proportion to your share of the fault.
What Compensation Can I Recover for a Brain Injury?
Victims of brain injuries may be entitled to significant compensation under New York law, including the following:
- Economic Damages: Covering medical bills, lost wages, and future care needs.
- Non-Economic Damages: Addressing pain and suffering, emotional distress, and diminished quality of life.
- Punitive Damages: Awarded in cases of egregious negligence or malicious intent.
Levine & Slavit, PLLC, fights hard to get clients the money they need after a brain injury. We make sure they have the support and resources to rebuild their lives and move forward.
How Long Do I Have to File a Brain Injury Lawsuit in New York?
In New York, the statute of limitations for filing a brain injury lawsuit is three years from the date of the injury. Missing this deadline can result in losing your right to seek compensation. However, exceptions may apply in cases involving minors or injuries discovered after the fact. It is crucial to consult an attorney promptly to understand the timeline for your specific case.
Contact Our New York Personal Injury Lawyers for a Free Consultation
Did you or someone you love get a brain injury in a New York, NY, accident? You might get compensation, and our team at Levine & Slavit, PLLC, is ready to help.
We have decades of experience helping injury victims and have won millions for our clients. Our lawyers are known for their dedication, attention to detail, and ability to get results. We understand how serious brain injuries can be and work hard to get you the best outcome.
Call us today for a free consultation. Let our New York brain injury lawyers fight for the money and justice you deserve. We are here to support you every step of the way.