NYC Brain Injury Lawyers
Seeking Maximum Compensation For Traumatic Brain Injury Victims
Traumatic brain injuries (TBI) can occur in nearly any type of accident. Even a seemingly minor auto collision can cause sufficient trauma to result in serious brain injuries. Memory loss, trouble with motor skills and severe mood swings are just a few of the long-term complications victims can suffer from a serious brain injury. When these injuries happen in accidents that occurred because of another person’s negligence, victims have the right to seek full and fair compensation.
Proving the exact cause of a TBI can be extremely difficult, and insurance companies are often quick to deny these types of claims. By hiring a New York City personal injury attorney who understands brain injuries, you place yourself in a much better position with regard to obtaining full and fair compensation for your injuries. At Edelman & Edelman, P.C., our New York brain injury lawyers offer our clients nearly 60 years of experience in the successful resolution of TBI claims.
We recovered $3.3 million for a client who suffered a severe brain injury after he was hit by a tanker truck and struck his head on a curb. He was in a coma for three months and continued to suffer a variety of debilitating symptoms even after he regained consciousness.
The Edelman & Edelman, P.C., Medical Advantage
One of the major differentiators between our firm and others is our deep knowledge of medical issues. This is especially important in TBI cases since they can frequently be so challenging to resolve. Founding attorney, Martin Edelman, is widely renowned for his knowledge of TBIs and the impact a particular injury can have on its victim. We know what to look for, and we have a network of talented experts who can help us uncover the evidence we need to obtain the compensation you deserve.
Our New York brain injury lawyers are not a firm that takes the initial doctor’s report as the final say. If the results do not seem to add up, we keep digging until we get the answers we need. Once the extent of your injuries has been determined, we get to work immediately seeking compensation for your medical care, loss of income, loss of enjoyment of life and any other damages appropriate to your claim.
Traumatic Brain Injuries: Frequently Asked Questions
When an individual suffers a traumatic brain injury (TBI), they may have many questions. Please read on if you would like to learn the answers to some of these commonly asked questions.
What Is A Closed-Head Injury?
Closed-head injuries (CHI) are among one of the most common injuries that occur in the United States. They are regularly the result of accidents, such as motor vehicle or bicycle accidents, or assault, and are common among young children.
As the name suggests, in a CHI the brain is not touched by external objects. Instead, after an external force hits the head, the brain moves back and forward inside the skull. The severity of the injury varies from cerebral concussions and contusions to intracranial hemorrhage. Even though CHIs are less severe than open-head injuries, they still might be life-threatening. Therefore, an injured individual should be treated by specialized and experienced medical staff immediately.
Valuing Damages Of A Closed-Head Injury
When a CHI is the result of the reckless actions of a third party, you or a loved one might be entitled to compensation. It is of utmost importance to obtain medical assistance and treatment as soon as possible. This will not only increase your possibilities of a positive medical outcome but also of claiming compensation to cover your treatment based on hard evidence such as your medical records.
After a thorough physical examination and analysis of symptoms, medical staff might also use magnetic resonance imaging (MRI) or computerized tomography scans (CT) to diagnose a CHI. Some of the common symptoms medical staff will consider when evaluating your case are as follows:
- Dilated pupils and blurred vision
- Fluid leakage coming from the ears, nose or eyes
- Fainting, drowsiness, loss of consciousness
- Difficulty concentrating and with language or speech
- Vomiting and nausea
An adequate valuation of the severity of the injury can make a difference in an individual’s quality of life. On the one hand, an experienced physician will be able to identify the symptoms and prescribe the necessary treatment. On the other hand, an experienced attorney can help you obtain the compensation you deserve to pay for your treatment.
Can Brain Injuries Cause Dementia?
According to the Alzheimer’s Association and the Mayo Clinic, some types of brain injuries ranging from moderate to severe have been linked to the potential development of dementia. As research regarding the effect of brain injuries advances, this link is being confirmed.
Alzheimer and other types of dementia are likely to appear years or even decades after the brain injury originated. This becomes especially challenging if the brain injury resulted from an accident due to a third party’s negligence in terms of fair compensation to cover future medical needs.
Fair Compensation And Future Medical Treatments
A fair settlement should include past, present and future medical expenses and treatment. Still, just like in any other personal injury case, every cost should be backed up with evidence. But then again, how can an individual submit evidence about damages that are not yet present?
Awareness around this potentially life-changing issue is rising. For example, institutions like the NFL recognized the need to compensate former players for brain injuries sustained during their professional careers. Although this is an ongoing battle in the scientific and legal fields, it is worth reviewing all options available for an accident victim who sustained brain injuries.
One option is to obtain the opinion of health experts like physicians and therapists. The goal is to get their point of view regarding the future treatments and medical care required and implied costs.
Other challenges around dementia include:
- Symptoms like memory loss, irritability, and irrational behavior or thoughts can be confused with other types of health issues.
- The diagnosis is complicated when only mild symptoms are present.
- An individual may be in denial of their symptoms and fail to obtain early and proper medical care.
If you or a loved one suffered brain injuries from mild to severe, constantly monitor your health and be aware of early signs of dementia. As for the legal aspects of the matter, have an experienced and compassionate attorney evaluate your case.
How Do I Know If I Have A Brain Injury?
Whether you are experiencing symptoms after an injury or a loved one is noticing differences in your mood, behavior or physical function, it is important to get an accurate diagnosis so you can begin treating your injury.
Your Symptoms Will Tell The Tale
Not all head injuries are traumatic brain injuries. For example, hitting your head on the underside of a countertop will hurt and may result in external bleeding or swelling, but those are not signs that you have suffered a TBI. A TBI will be accompanied by a number of symptoms that are unique to this subset of brain injuries, including:
- Loss of consciousness
- Nausea and/or vomiting
- Mood swings
- Slurred speech
- Persistent headaches
Many of these symptoms are closely associated with mild TBI (headaches, dizziness) or severe TBI (coma, slurred speech). A general rule is that anyone who loses consciousness should seek a medical examination by a doctor with experience diagnosing and treating brain injuries. When it comes to your brain, it is far better to be safe than to be sorry.
How Is A Traumatic Brain Injury (TBI) Diagnosed?
The process for accurately diagnosing a suspected brain injury is incredibly complex. Not all head injuries are brain injuries, not all brain injuries are traumatic brain injuries, and traumatic brain injuries are divided into mild, moderate and severe categories.
A traumatic brain injury (TBI) consists of a change in normal brain function brought on by an external force. Initial symptoms of a brain injury may include:
- Loss of consciousness, including entering a comatose state
- Lost memory of events just before and just after the external force
- Change in mental state during or after the external force, including confusion or deliriousness
- Neurological defects including general weakness, reduced balance, lost or reduced vision, loss of taste or smell, or difficulty communicating
It Is Crucial To See A Doctor When TBI Is Possible
Not all TBIs are alike or produce the same symptoms. The best course of action is to ensure that anyone suspected of sustaining a TBI is examined by a doctor with experience diagnosing head injuries so a more exhaustive examination can take place to properly diagnose their condition and prognosis. The specific diagnosis (mild TBI, moderate TBI or severe TBI) will inform the treatment plan and lay the groundwork for pursuing a personal injury claim to seek compensation for damages such as medical costs, rehab costs, ongoing care, lost earnings and more.
How Many People Have Traumatic Brain Injuries?
Since some people don’t seek medical treatment following a traumatic brain injury (TBI), it is difficult to determine an exact number of how many people currently suffer from this debilitating condition. However, according to the Centers for Disease Control and Prevention (CDC), there were 2.5 million emergency room visits in which U.S. doctors diagnosed TBIs in 2013 alone, the most recent year for which data is available.
Given these numbers, it likely comes as no surprise that many experts estimate that several million people in the U.S. currently live with TBIs, and the disabilities that come along with them.
Even more alarming is the fact that 153 people die in the United States every single day from injuries that include traumatic brain injuries (TBI) — meaning TBIs contribute to the deaths of more than 50,000 people each year in the U.S. In fact, TBIs play a part in roughly 30 percent of all injury deaths, according to the CDC.
Who Is Most At Risk?
As reported by the Mayo Clinic, the following groups are most at risk for suffering a TBI:
- Men: Regardless of the age group, men are more likely than women to suffer TBIs.
- Children: Very young children, particularly infants to 4-year-olds, have a high rate of TBIs.
- Young adults: Those individuals who are between the ages of 15 and 24 are also at higher risk of TBIs.
- Older adults: Anyone over the age of 60 is also at risk.
Help Is Available For TBI Victims In New York
For those who have suffered TBIs due to the negligent or careless actions of another — whether in a car crash or any other serious accident — it is important to remember that legal options may be available. Contact our NYC traumatic brain injury lawyers for a FREE brain injury case evaluation.
What Are The Most Common Causes Of Traumatic Brain Injuries?
While any blow to the head can lead to a traumatic brain injury (TBI), some situations are more likely than others to result in TBIs. In fact, a significant number of TBIs are caused by the following events:
- Falls: Falls are probably the most common cause of TBIs. These can include falls off of a ladder and/or scaffolding, which are common types of construction-related accidents.
- Motor vehicle crashes: TBIs are also common in serious motor vehicle accidents, including collisions involving trucks, buses and cars.
- Sports-related injuries: There are a number of sports in which traumatic brain injuries have been known to occur, including football, soccer, boxing and hockey, just to name a few.
- Assaults and other violence: This may include instances of domestic violence/abuse as well as gun-related head injuries.
Another common cause of TBIs is explosive blasts, but these are typically suffered by active-duty military personnel. When it comes to the general public, the four causes listed above are far more common.
Edelman & Edelman, P.C.: The Clear Choice For TBI Victims
If you or a loved one has suffered a TBI, it is often a good idea to speak with a New York City traumatic brain injury lawyer about your injuries. But, you need to make sure you pick the right attorney — one who not only has experience, but also vast knowledge about your particular type of injuries.
What Is A Traumatic Brain Injury (TBI)?
Even though countless people suffer head injuries every day, there is no denying that some head injuries — including traumatic brain injuries (TBIs) — can be far worse than others. Indeed, TBIs are particularly bad since victims can experience severe physical and cognitive issues for the rest of their lives.
Essentially, a TBI occurs whenever an individual suffers a violent blow, bump or jolt to the head, and this injury results in the person experiencing a disruption to normal brain functions. There are a wide variety of circumstances that can cause TBIs, including car accidents, falls and assaults.
While some TBIs can be milder, meaning the victim may get better over time, severe TBIs can result in life-long issues for the victim.
Common Symptoms Of TBIs
TBIs are typically classified into one of three categories: mild, moderate and severe. Different symptoms are generally associated with each type:
Common symptoms of mild TBIs:
- Loss of consciousness, usually for just a few seconds or a few minutes
- Headaches, dizziness and/or disorientation
- Vomiting and nausea
- Drowsiness and fatigue
- Light sensitivity
- Depression and anxiety
- Mood swings and concentration/memory problems
Common symptoms of moderate to severe TBIs:
- Loss of consciousness, often for several minutes or even hours
- Persistent or worsening headaches
- Repeated nausea or vomiting
- Loss of coordination
- Seizure or convulsions
- Numbness of the fingers or toes
- Combative behavior
- Slurred speech
- Significant confusion
It is important to remember, however, the symptoms listed above are not exhaustive, meaning you need to see a doctor as soon as possible if you believe you or a loved one may have suffered a TBI.
You May Also Want To Speak To An Attorney
If your TBI was caused by the negligent or careless actions of someone else, you may be entitled to damages. So, after you seek medical treatment, it is also a good idea to seek the legal guidance of an experienced NYC brain injury attorney.
What Is Considered A Brain Injury?
Many people suffer head injuries every day, but when do those injuries cross the line from being an external head injury to a traumatic brain injury? The distinction is important as the diagnosis and prognosis can make all the difference in the process of recovering physically and financially.
Head Injuries That Are Not Brain Injuries
A “bump on the noggin” or a “knot on the forehead” are examples of a head injury that is not a brain injury. A painful example of this type of injury is hitting your head on the edge of an overhead cabinet or slamming your head into the underside of a countertop after squatting down to pick something up off the floor. These injuries can result in external swelling or a bit of a “shiner,” but they do not impact the brain or result in any neurological damage. A bit of ice, some ibuprofen and rest are all that is necessary to make things right.
Head Injuries That Are Brain Injuries
When external force – such as striking a steering wheel or windshield in a car accident – is applied to the head, it can result in a traumatic brain injury (TBI). These injuries occur when a violent blow or jolt to the head causes a disruption in neurological function. A good rule of thumb is that anyone who loses consciousness should be checked out for a potential TBI, even if they were only “out” for a brief moment of time. Examples of TBI include severe concussions, skull fractures and edema.
Moderate to severe TBI can result in long-term issues that require significant financial resources. A personal injury claim may be necessary to ensure an injury survivor has the financial resources necessary for their medical bills, pain and suffering, lost earnings, ongoing care and more.
Other Questions & Answers About Traumatic Brain Injuries
- How Can You Recover From a Brain Injury?
The answer to this question depends on what facet of recovery you are referring to. The process for recovering after a brain injury can be arduous, consisting of your physical and emotional recovery as well as your legal and financial recovery… Read More
Discuss Your Brain Injury Claim With A NYC Lawyer Today
We invite you to contact us to discuss your case with one of our traumatic brain injury attorneys. Our New York lawyers offer a free initial consultation where you can learn more about your rights and what we can do to protect them. Please call 212-235-1197 or contact us via email to schedule an appointment.