Traumatic Brain Injury Questions | Greenstein & Milbauer, LLP

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September 26, 2020

New York City Brain Injury FAQ

Our New York City brain injury FAQ can help you determine what your legal options are for recovering financial damages if you are suffering from a traumatic brain injury (TBI).

What are some common causes of New York City brain injuries?

There are many potential causes of New York City brain injuries:

  • Car accidents
  • Concussions
  • Workplace injuries
  • Slip-and-fall accidents
  • Sports injuries

How can I tell if I have a brain injury?

You should always speak with a doctor to receive a proper diagnosis.

However, if your head was hit by an object or collided with something during an accident, there is a good chance that you have suffered a TBI. Some of the signs to watch for include the following:

  • Dizziness
  • Inability to concentrate
  • Blacking out
  • Constant headaches and migraines
  • Mood swings
  • Feeling unsteady or off-balance

Can I sue for my New York City brain injury if I was partially to blame?

Under New York’s comparative negligence laws, it is possible for you to receive financial compensation even if you had some level of responsibility for an accident. However, you may only receive compensation if the responsible party was found at-fault for more than half of the accident. Any fault assigned to you will be applied to your settlement as a reduction.

For example, if you are found to be 30 percent negligent and the other party was found to be 70 percent negligent, you will receive financial compensation, but your total award will be reduced by 30 percent.

Can an attorney help me if I was injured at work?

Yes, we can assist you throughout the proceedings of a workers compensation claim and ensure both your health and rights are protected. Your attorney can also determine if you have options beyond what is listed in this New York City brain injury FAQ.

How quickly should I file a lawsuit?

Even if you do not yet know the full extent of your injuries or you are still undergoing treatment, it is critical that you file a lawsuit as soon as possible.

Personal injury lawsuits in New York only have three years to file before the statute of limitations is reached.

If your brain injury occurred due to medical malpractice, you have just two years and six months.

Once the statute is reached in either case, any lawsuit you file may get thrown out of court before ever being heard.

What is my injury worth?

No New York City brain injury FAQ would be complete without discussing compensation. It is impossible to give a definitive answer to this question without knowing the specifics of your case.

To determine your claim’s value, schedule a consultation with one of our attorneys. Your lawyer will look at your current and future medical bills, how your injury has impacted your ability to work, and what financial losses you are likely to incur over the long-term.

All expenses and damages related to your brain injury should be included in your settlement.

Get the Help You Need for Your New York City Brain Injury

If you have questions beyond what was addressed in this New York City brain injury FAQ, contact an attorney at Greenstein & Milbauer, LLP by calling 1-800-VICTIM2 (1-800-842-8462).


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