Photo of doctor

Brain Injury

A serious accident can trigger many severe injuries, but one of the gravest is a brain injury or brain trauma. Whether the brain injury happens in a car crash or slip and fall, there may be severe, life-long consequences that are very expensive to treat. Fortunately, you can file a brain injury lawsuit in New York against the liable party. 

If you suffered a brain injury recently, the Law Offices of Robert E. Brown, P.C., is ready to assist. Attorney Brown has a perfect 10.0 Avvo ‘Superb’ rating and is a proud member of The National Trial Lawyers: Top 100. His experience obtaining fair compensation in traumatic brain injury cases is well-known in New York City. Attorney Brown is a Harvard graduate and a retired NYPD captain and looks forward to speaking to you about your personal injury case. 

What Is A Brain Injury? 

A traumatic brain injury (TBI) happens when a force impacts the brain’s function. The brain trauma occurs when something hits the head or when the head strikes something. For example, your head may strike the windshield in a car accident or hit the ground when you slip and fall on a wet floor. Some of the most common causes of serious brain injuries in New York are: 

A brain injury is among the most serious of all accident injuries. This injury can cause personality changes, memory lapses, mobility problems, and the inability to remain conscious or care for yourself. The symptoms and changes associated with brain injury depend on the type and severity of the injury. Common types of TBIs are: 

  • Concussions
  • Diffuse axonal injury
  • Coup-contrecoup
  • Brain penetration
  • Secondary brain injury 
  • Basilar skull fracture
  • Depressed skull fracture
  • Intracranial hematoma
  • Intracerebral hematoma

It’s essential to get immediate medical attention if you suspect you or a loved one has a New York City brain injury. Getting immediate treatment increases the chance of a favorable prognosis. Also, if another party causes the accident, prompt medical treatment is critical to preserve future legal options. 

What Is A Severe Brain Injury Claim Worth? 

Brain injuries range widely in severity and effects on a person’s life. Every case and accident is different, and your potential compensation for medical bills, lost earnings, pain and suffering, and more could vary. Have an experienced brain injury attorney review your case today to understand the potential case value. The following factors will affect the value of your claim: 

Severity Of The Traumatic Brain Injury 

Generally, the more severe the brain injury, the higher the settlement or jury award. A less serious brain injury could be a concussion with brief memory loss that improves after a few weeks. A more severe TBI could lead to long-term cognitive impairment. 

Medical Care Requirements

A minor brain injury may only require a month or two of medical treatments. A severe brain injury with lasting brain damage could necessitate care for the rest of the patient’s life. Young patients with brain injuries often receive higher settlements because they’ll need medical care for a longer time than older patients. 

Amount Of Lost Wages And Lost Earning Ability 

Whether you can still work is another major factor in the size of the traumatic brain injury settlement. You are entitled to compensation for your current and future lost wages related to the injury. If you cannot keep a job because of your brain injuries, you may receive compensation for the lost ability to earn a living. A traumatic brain injury attorney will work with financial and vocational experts to determine the compensation you should receive for your inability to earn a living. 

Mental Anguish and Pain And Suffering

A traumatic brain injury can severely impact your quality of life and relationships with your family. If you can no longer fully enjoy your life due to personality and relationship changes caused by the injury, you should receive payment for pain and suffering. 

Insurance Policy Limits

The coverage limit for any insurance policies that apply to your case will affect how much money you receive. For example, if a car hits you in a crosswalk and you suffer a TBI, the driver’s auto insurance would typically pay you compensation. However, it may be difficult to obtain the rest if the driver only has $100,000 of bodily injury coverage and your damages are $250,000. A traumatic brain injury attorney will find every possible insurance policy that might be tapped to pay compensation for your injuries. 

How Is Fault Proven By A Brain Injury Law Firm? 

Proving that another party caused your brain injury involves establishing the following four legal elements: 

  • The defendant had a duty of care to you. For example, a car driver has a duty of care to obey traffic laws, drive safely, and not injure others. 
  • The defendant breached their duty of care. For instance, the driver runs a red light while speeding. 
  • The breach of duty injured you: The car hits you and causes your head to hit the ground, which leads to a severe brain injury. 
  • You have damages from the injury: These might be medical bills, lost wages, and more. 

You must prove these elements to be eligible for compensation in the brain injury claim. Your personal injury law firm will rely on evidence to prove fault. 

Photo of people at desk

Should You Accept A Traumatic Brain Injury Settlement Offer? 

Insurance companies may pressure you to settle your traumatic brain injury case early on. However, settling too soon is not in your best interest. Be wary of any early settlement offers from an insurance company for a severe brain injury. Here’s why: 

Brain Injuries Are Tricky To Diagnose

A traumatic brain injury can be challenging to diagnose correctly. In the first month after the injury, it can be difficult even for expert brain doctors to know the long-term consequences. It may also be challenging to gauge how much medical treatment you’ll require and whether you’ll be able to work again. 

You also may have traumatic brain injury symptoms that are apparent to you but cannot be seen on MRIs or CT scans. So, the insurance company may argue that your brain injury isn’t as serious as you claim. 

It’s sensible to wait on settling a claim until your brain injury prognosis is more apparent. This could mean waiting at least a few months before deciding the case. 

You May Not Know Your Full Injuries At First

It’s easy to seriously underestimate your future medical care requirements, especially in the first weeks after a traumatic brain injury. You may think you will be back on the job in three or six months. 

However, it’s common for brain injury complications to arise many months after the injury. You could have years or a lifetime of lost earnings and medical costs you didn’t anticipate initially. So, it’s wise to wait months before entertaining settlement offers. When you work with Attorney Brown, he’ll consult with your medical team and other experts to assess your future needs accurately. 

The Insurance Company Isn’t Your Friend

The insurance company’s aim is to determine the lowest amount of money to offer you. It doesn’t care if the settlement offer is enough to meet your needs. The insurance company’s first offer is usually much less than what you need. Holding out for a larger settlement for a brain injury is smart and Attorney Brown will negotiate to get it for you. 

Why Hire NYC Brain Injury Attorneys? 

A TBI is a serious injury, no matter how ‘mild’ it may seem. The consequences can be catastrophic and life-changing in many cases. A severe brain injury can limit your ability to communicate, walk, work, and care for yourself. The care and rehabilitation expenses for a severe brain injury can be exorbitant. 

Fortunately, our NYC brain injury lawyers know how to stand up to insurance companies, liable parties, and aggressive defense attorneys. Attorney Brown and his associate attorneys have the skill, resources, and experience to obtain fair compensation for you. When you trust our traumatic brain injury attorneys to handle your case, we will: 

  • Handle all legal and administrative aspects of your claim. 
  • Oversee a thorough investigation of the accident that caused the brain injury. 
  • Pinpoint every legal option to obtain compensation, including liability policies and workers’ comp benefits. 
  • Negotiate with the insurance company for a fair settlement for your medical expenses and other losses. 
  • Give you the chance to heal and rehabilitate. 
  • Work with medical and brain injury experts to understand the injury and your prognosis. 
  • Safeguard you from insurance company efforts to reduce or deny your claim. 

If you do not receive a fair settlement offer, our New York brain injury attorneys will prepare your case for court and represent your interests to a jury of your peers. 

Speak To A New York Brain Injury Lawyer Now 

An experienced personal injury attorney with extensive experience in brain injury claims may be able to help you receive just compensation for your brain injury in a personal injury lawsuit. The Law Offices of Robert E. Brown, P.C., stands ready to help you immediately. Our excellent testimonials and 10.0 Avvo ‘Superb’ rating prove our skills and expertise in various personal injury claims. Contact the Law Offices of Robert E. Brown, P.C., today for a complimentary consultation about your traumatic brain injury case at (212) 766-9779.