Brooklyn Brain Injury Lawyer
According to the Centers for Disease Control and Prevention (CDC), traumatic brain injury (TBI) accounts for 30 percent of all injury-related deaths in the United States. Not all brain injuries are fatal—they vary in severity quite a bit. Some are mild, while others are incredibly serious.
It’s difficult to know how a brain injury will affect you. You might just have the occasional headache or your memory and ability to communicate could be severely compromised. Injuries such as these are almost always accompanied by a hefty financial burden.
If you were injured due to the negligence of someone else, call our office to speak with a Brooklyn brain injury lawyer. You have the right to seek financial compensation for your injuries, and we can provide you with the guidance on how to do so.
Common Causes of Brain Injuries
There are numerous causes of brain injuries:
- Car accidents
- Sports injuries
- Birth injuries
- Workplace injuries
Regardless of what caused your brain injury, if someone else was at fault, you can seek financial compensation. Go over the details of your case with a Brooklyn brain injury lawyer and to determine how to hold those responsible accountable.
Signs of a Brain Injury
Part of what makes brain injuries so unpredictable is the diverse number of symptoms they can manifest:
- Forgetting what happened before or after the accident
- Clumsiness and decreased coordination
- Blurred vision
- Speaking difficulties
- Feeling sluggish, tired, or emotionally down
- Experiencing bad headaches or migraines
- Moodiness and being overly emotional
- Generally not feeling like yourself
Experiencing any of these symptoms after a head injury is ample justification to see your doctor for a full medical evaluation. Should a brain injury be discovered, contact a Brooklyn brain injury lawyer immediately.
Your Right to Sue After a Brain Injury
If you have suffered an injury due to the negligence of someone else, you have the right to file a lawsuit in order to seek financial compensation for your losses. Working with a Brooklyn brain injury lawyer will increase the likelihood of recovering a fair financial settlement.
If your child has suffered a brain injury rather than you, you still have the right to file a lawsuit on his or her behalf. Until your child reaches the age of eighteen, he or she will not be legally allowed to file a lawsuit without your express approval.
Financial Compensation for Brain Injuries
Even the most mild brain injuries tend to result in medical bills. The more severe the brain injury, the bigger the bill. Medical expenses can include bills for medical procedures and treatment, surgery, therapy, medication, and anything else medically related to your injury.
Brain injuries often result in the need for expenses such as in-home care, home medical equipment, assistive devices, speech therapy, and home and vehicular modifications necessitated by the injury.
In the end, if the brain injury incurs an expense and someone else caused the injury, that person should financially compensate you for the results of his or her actions. Working with a Brooklyn brain injury lawyer is the surest way to receive the compensation you are owed.
Working After a Brain Injury
In most cases, a brain injury will probably result in time off from work while you recover. This will result in lost income in the form of lost wages. These lost wages are also eligible for compensation and should be included by your Brooklyn brain injury lawyer when determining the value of your claim.
Other people will not be fortunate enough to only have temporary lost wages. Some brain injuries result in an inability to work for an extended period of time. Sometimes this can be permanent.
If your brain injury will cause you to be out of work, you can apply for Social Security disability benefits. This may be either short- or long-term depending on your situation. Your attorney can help guide you through the application and qualification process.
New York Statute of Limitations
You have a limited amount of time to file a lawsuit, as dictated by the New York statute of limitations. If the brain injury was caused by medical malpractice, you only have two years and six months to file. If it was caused by the negligence of someone else and you have a personal injury case, you have three years in which to file.
Once the statute of limitations has been reached, you could miss your opportunity to file a lawsuit and be unable to collect financial damages through a court order. By retaining a Brooklyn brain injury lawyer right away, we can ensure that your lawsuit is filed in time and that all of your options are available to you.
Proving Fault in Brain Injury Cases
Once you decide to file a personal injury lawsuit for your brain injury, it will be necessary to prove the other party’s negligence and demonstrate they were responsible for the actual injury.
Whether this was a driver that hit you or a doctor that was delivering your baby, we must demonstrate that someone else was to blame in order to successfully file a lawsuit. If you aren’t certain who caused your injury or think multiple parties may be to blame, consult a Brooklyn brain injury lawyer for help with pinpointing the at-fault party.
Once we have learned who caused your injuries, we can then begin to gather evidence that demonstrates their negligence. For example, if your brain injury was caused by another driver, we can gather evidence to prove they caused your accident through negligent driving such as speeding, driving recklessly, driving distracted, and so on.
Collecting Evidence and Building a Case
Proving your case will require evidence backing your claim:
- Police reports from the accident or incident
- Medical records
- Eyewitness testimony
- Business records and documents
- Electronic records
Knowing what sort of evidence to look for can be challenging and will be determined by the exact nature of your brain injury. Working closely with a Brooklyn brain injury lawyer throughout this process will ensure you don’t miss anything that could help you in court.
Steps Taken by a Brooklyn Brain Injury Lawyer
When you visit our office for a consultation, we will begin by asking you a variety of questions in order to learn more about your case. Once retained, we will do all of the following for your case:
- Gather evidence to determine who was negligent or responsible for your injury
- Work to prove the other party’s negligence
- Work with your doctor to determine the nature and extent of your injuries
- File a lawsuit on your behalf
- Negotiate with the other party at your direction
- Prepare to go to trial
- Interview witnesses and gather evidence
- Represent you in court to increase the likelihood of a successful outcome to your case
- Advise you of when you are being offered a fair settlement
Don’t Settle Too Quickly
Once your case has settled, you will not have the opportunity to go back and seek additional compensation. Failing to determine your future expenses might leave you in a financial bind once your settlement funds run out.
Even if you want to settle out of court, sometimes you have to file a lawsuit to get the other party to take your claim seriously. Once you file, you can still settle, but it’s important to be willing to go to court and make the other side aware that you are.
Speak with a Brooklyn Brain Injury Lawyer
It’s entirely possible that a brain injury may be the worst thing that ever happens to you. Brain injuries can irrevocably change everything about your life, and they are often accompanied by large financial expenses and emotional distress.
Discussing your case with a Brooklyn brain injury lawyer from Greenstein & Milbauer, LLP could be the turning point for your brain injury case. Call us at 1-800-VICTIM2 (1-800-842-8462) and find out how we can help you move forward.