New York Brain Injury Lawyers
Survivors of brain injuries may endure lifelong physical, psychological, and social challenges. Brain injury lawyers in New York represent victims who sustain head injuries in accidents caused by another’s negligence. They fight to ensure clients receive fair compensation through an injury lawsuit settlement that covers all injury-related damages including medical expenses, lost wages, pain, and suffering.
Common Brain Injury Lawsuits
Some of the most common types of brain injury accidents that victims seek legal compensation for include:
Concussions (Mild Traumatic Brain Injuries)
Concussions are the most common type of TBI. They occur when the head is struck by or against a strong force, causing damage as the brain is forced to slide and collide with the inside of the skull.
A brain contusion is a specific type of TBI that occurs when an outside force (commonly from car accidents) directly impacts the head and damages brain tissue. Contusions can also sometimes occur when the brain bleeds and forms a bruise. Contusion injuries can lead to brain herniation (when a part of the brain squeezes past the skull), or intracranial pressure¸ which if left untreated can lead to death.
These brain injuries occur when an object impacts the brain and affects the site of the injury and the opposing side of the brain. Also common in car accidents, these injuries involve the exterior of the skull striking another object. Then, the force of the blow causes the brain to collide with the interior of the skull, possibly resulting in two brain injuries.
Diffuse Axonal Injury (DAI)
In these types of TBI accidents, violent forces act on the skull, forcing brain tissue to slide back and forth until the connecting fibers (axons) tear. This disrupts the messages that neurons send, resulting in loss of function.
Spinal cord injuries are incredibly costly and may be painful in addition to paralyzing. In addition to paralysis, brain injuries can lead to other complications or conditions, including mental disorders, chronic pain and discomfort, and more.
Intracranial Hematoma and Hemorrhage
A hematoma is a collection of blood caused by a break in blood vessel walls. Hemorrhages occur when blood leaks from the vessel wall. Sudden blows to the head can cause the brain to slide against the skull and bruise. The rupture of blood vessels between the skull and brain is known as an intracranial hematoma.
Vegetative State or Brain Death
- Coma: a person in a coma is unconscious and unable to respond to stimulus. This results from widespread damage to every part of the brain. Patients may emerge from a coma after a few days to a few weeks or enter a vegetative state.
- Vegetative state: widespread damage to the brain can result in a vegetative state. The person is unaware of their surroundings but may open his or her eyes, make sounds, respond to reflexes or more. Sometimes vegetative states become permanent.
- Brain death: when there is no measurable activity in the brain. In a person who has been declared brain dead, technology is depended on to keep the body alive. Brain death is considered irreversible.
Examples of Negligence Involved in Head Injury Accidents
Some accidents that can lead to brain death and legal claims include:
- Motor vehicle accidents: when another driver fails to comply with traffic laws, and causes an accident that results in a TBI, they will be considered negligent and liable for the victim’s compensation. Head-on collisions are the leading types of car accidents that cause traumatic brain injuries.
- Falls: Owners of all types of premises including stores, apartment complexes, and workplaces are responsible for ensuring their property is cleared of all hazards that may result in injury. Hazards include slippery floors, hazardous objects, improper safety features on stairwells, and misplaced objects that one can trip over.
- Pedestrian and cyclist accidents: Pedestrians and cyclists who are hit by a motor vehicle commonly experience concussions at the very least, and traumatic brain injuries in severe cases. Collisions often result with being hit with both a car, hard ground, and debris in cases where more than one vehicle is involved.
- Violent assaults: All victims of assault are owed compensation for all injury-related damages. Assault of any kind is illegal, and so the criminal will be automatically seen as negligent in the eyes of the law, unless their actions were clearly in self defense.
Brain Injury Settlements
The more severe a traumatic brain injury is, the more compensation can be expected in a personal injury settlement.
Doctors typically classify TBIs using a tool called the Glasgow Coma Scale (GCS). The GCS has a point system that measures various functions such as eye-opening and verbal responses. A higher number scored indicates a higher level of function, meaning the injury is less severe. The scale consists of 15 points. The four possible severity levels are:
- Mild TBI: 13-15 points
- Moderate: 9-12 points
- Severe: 4-8 points
- Persistent Vegetative State: 3 points or fewer
Damages Covered by Brain Injury Settlements
The more severe the brain injury, the longer the time it takes to recover. Even in severe cases, recovery is almost always a possibility. Other than the above categories, there are other criteria that medical professionals use to diagnose brain injuries.
Experienced TBI attorneys help victims receive compensation for:
- Past and future medical expenses
- Costs for physical therapy
- Pain and suffering damages
- Compensation for lost income
- Compensation for future lost wages in the event of permanent disability
Injury lawyers in New York can help injured cyclists make the strongest possible case. Their legal assistance can ensure victims get all the damages they need to recover.
Symptoms of Traumatic Brain Injuries
If you or your loved one has been in an accident, it’s important to watch for the following symptoms of a concussion or other brain injury:
- Excessive sleepiness
- Problems with vision
- Difficulty concentrating
- Mood swings and irritability
- Headaches and pain
- Changes in personality
Contact a Brain Injury Attorney in New York
If you or someone you know suffered a traumatic brain injury after an accident caused by another’s negligence, contact the brain injury attorneys at Sobo & Sobo online for a free consultation, or call 855-GOT-SOBO. They have over 50 years of experience helping victims with brain injuries win settlements across New York, New Jersey and the tri-state area.
New York State TBI Statistics
Despite the fact that many TBIs or TBI complications initially go undetected, CDC data suggest that they represent a significant public health issue in the United States. Each year, an average of:
- 52,000 people die annually from a TBI
- 275,000 people are hospitalized, and
- 1,365,000 (80%) of head trauma victims are treated and released from an emergency room visit
- Falls are the leading cause of TBI-related emergency room (ER) visits, accounting for nearly half (48%) of all ER visits
- Falls disproportionately affect children and older adults:
- Almost half of TBI-related ER visits among children 0-17 years are caused by falls
- 80% of TBI-related ER visits were caused by falls
- Being struck by or against an object is the second leading cause of all TBI-related ER visits, accounting for 17%
- 1 in 4 TBI-related ER visits by children less than 17 years old were caused by being struck by or against an object
- Falls (52%) and motor vehicle crashes (20%) are the first and second leading cause of all extensive TBI-related hospitalizations (including non-ER visits)