Brooklyn Brain Injury Lawyer
Whenever a brain injury occurs, it can be difficult to know precisely how the injured person will be affected. Some brain injuries create challenges that are temporary and can be recovered from with physical therapy and medical care, while others can lead to permanent disabilities, paralysis, and worse.
If your brain injury was caused by the negligence of someone else, you should not have to pay for the medical bills associated with treatment or suffer any related financial loss. A Brooklyn brain injury lawyer can help you recover financial damages and bring closure to a traumatic event.
Types of Brain Injuries
Brain injuries come in many forms; some are mild, while others are severe. Some of the more commonly seen brain injuries include the following:
- Traumatic brain injury (TBI)
- Diffuse axonal injury
- Anoxic event
- Coup-contrecoup injury
- And more
Symptoms of Brain Injuries
Brain injuries aren’t always easy to diagnose. If you think you may have suffered a brain injury, it is important to watch for symptoms that could indicate you need to be evaluated by a specialist. If a brain injury is then discovered, you could have a case for compensation and should contact a Brooklyn brain injury lawyer immediately.
There is a great deal of variety in brain injury symptoms:
- Blurred vision
- Inability to focus
- Mood swings and personality shifts
- Feeling dizzy
- Constant headaches or migraines
- Difficulty speaking or slurring your words
- Challenges understanding basic things
It can be difficult to notice symptoms in yourself like mood swings or challenges understanding concepts you once did. For this reason, if you are a family member of someone who has been in an accident, you should watch for signs of a brain injury and help that individual to receive care when necessary.
A brain injury can have devastating long-term consequences. Things like blurred vision and temporary headaches can often be recovered from with rest and medical care.
However, if a brain injury has significantly impaired your ability to reason, process information, or interact with the outside world, caring for yourself without assistance or maintaining your previous job could become impossible.
It’s an unfortunate truth that a brain injury can dramatically decrease the quality of your life. It’s frustrating and emotionally distressing for the injured party and agonizing for the injured person’s loved ones. A Brooklyn brain injury lawyer can’t heal the injury but may make it possible to hold those responsible to account.
Degree of Brain Injury
The degree of brain injury that you have been diagnosed with will have a direct impact on the financial compensation you are entitled to.
The degree of injury determines what medical care you will require, whether you will be able to work, and what other financial losses you might suffer in the future.
Expenses Related to Brain Injuries
In addition to lifestyle changes, brain injuries will inevitably result in substantial financial burdens.
The most obvious expenses will be the medical bills for treatment, therapy, and medication. These will probably begin piling up almost immediately after the accident. Your pain and suffering—bound to be significant with a brain injury—should also be factored in. It may not be an actual expense, but you deserve compensation all the same.
Other expenses include lost wages for time off work, modifications to your home or vehicle to accommodate the injury, and wages you have to pay someone to care for your children or home while you recover.
In essence, any expense incurred as a result of your brain injury should be eligible for financial compensation. Working with an experienced New York City brain injury lawyer can ensure your settlement accounts for everything possible.
Once you decide to seek financial compensation for your brain injury, the first step is determining who was at fault and proving it.
Depending on the circumstances of your accident, this could be your employer, a driver, a business, a government agency, or some other third party. The key is to look for negligence and determine who was responsible. It may turn out that more than one party is to blame, in which case you can seek compensation from each.
It’s essential to retain the services of a Brooklyn brain injury lawyer as early in the process as possible. Determining fault, collecting evidence, building a case, and filing suit all become much easier when you have qualified legal advice.
New York Statute of Limitations
A civil lawsuit must be filed within the time constraints of the statute of limitations. In New York, you only have two years and six months to file a lawsuit for medical malpractice, and three years to file for personal injury.
The clock starts ticking either the date the injury was discovered or the date the injury occurred.
It is critical to file within the statute of limitations to ensure you have the ability to seek financial compensation for your injuries. Once the statute is reached, the other party could ask for the case to be thrown out.
It might seem like you have plenty of time, but this can be deceiving. Negotiations, evidence collection, case building, securing witness testimony—these things all take time. The sooner you bring a Brooklyn brain injury lawyer on board, the better.
Going to Court vs. Negotiating
For many people, the idea of going to court makes them anxious, even if they are completely in the right. It is always possible to negotiate with the responsible party and their insurance company and attempt to reach a settlement out of court.
You have to be careful, however. Some people rush into accepting a settlement offer. This is unwise, because once you settle, you cannot go back and ask for more money later. If your medical bills turn out larger than you anticipated, you would be responsible for the expenses.
You should always allow a Brooklyn brain injury lawyer to handle the negotiations for you. Your attorney can make certain that any offer is fair and will cover your needs, both now and in the future.
Also bear in mind that some insurers and entities will stall negotiations for as long as possible. They do this in the hope of eventually hitting the statute of limitations. It may be necessary to file a lawsuit to demonstrate how serious you are and get them back to the negotiating table.
What Happens Next?
Court may be the only option. Should this happen, your Brooklyn brain injury lawyer will handle the bulk of the stress for you. Evidence and arguments from both sides will be presented and eventually a verdict will be rendered.
Whatever amount the judge decides on will be legally binding and will be your financial award. At this point, it will still be possible to reach a settlement out of court, and the more convincing your case is the more likely this is to happen.
Speak with a Brooklyn Brain Injury Lawyer
It is always wise to work with a Brooklyn brain injury lawyer from the very beginning to ensure you can exercise your right to sue and go to court if the other party is unwilling to offer a fair settlement through the negotiations process.
Filing a lawsuit is not easy. The stress and nature of brain injuries can make the entire process overwhelming. Call 1-800-VICTIM2 (1-800-842-8462) to speak with Greenstein & Milbauer, LLP and take some of the burden off your shoulders.