Queens Brain Injury Lawyer
Brain Injury Cases in New York
Brain injuries can be caused by motor vehicle collisions, slip and falls, and a host of other accidents that result from the carelessness of a person or entity. These serious types of harm can change an individual’s life forever, often requiring long-term or even permanent care and placing a burden on the victim’s family.
We have extensive experience representing victims in Queens and the other boroughs of New York City, including the Bronx and Brooklyn, as well as in Nassau and Suffolk Counties.
Types of Brain Injuries
Nearly 1.7 million people suffer harm to the brain in the United States every year. Thankfully, most of these accidents are minor, but about 125,000 individuals end up permanently disabled.
Traumatic brain injuries are the result of sudden blows or jolts to the head, such as those caused by vehicle collisions, physical violence, falls, or contact sports. In contrast, an acquired brain injury usually refers to an action upon another part of the body that affects the brain, such as those caused by illnesses, adverse reactions to drugs, or oxygen deprivation.
Common brain injuries include:
- Brain contusions
- Diffuse axonal injuries
- Skull fractures
- Penetrating injuries
Although brain injuries are classified as mild, moderate, or severe, all traumatic brain injuries are serious. If you believe you or someone else may have sustained a brain injury in an accident, seek immediate medical attention.
Brain Injury Symptoms
It is not always immediately obvious when a person has sustained a brain injury. Because all brain injuries are serious and require prompt medical attention, it’s important that you know the signs of a traumatic brain injury so that you can seek proper medical care on behalf of yourself or someone else with a suspected TBI.
Common brain injury symptoms include:
- Loss of consciousness
- Memory loss
- Blurred vision
- Ringing in the ears
- Delayed or slurred speech
- Weakness in the extremities
- Difficulty concentrating
- Uncharacteristic emotional swings involving depression or anxiety
In severe cases, brain injuries can lead to coma and death, which is why it is always critical that you obtain immediate medical attention if you believe you or someone else may have suffered a brain injury.
File a Negligence Claim to Seek Compensation
Many brain injuries are caused by someone’s negligence, such as in the context of driving a vehicle, maintaining premises, or providing medical treatment. When this happens, the accident may give rise to a lawsuit.
A negligence claim involves four basic elements:
- Duty of Care: First, the victim must show that the defendant owed him or her a duty of care, usually defined as avoiding conduct that poses an unreasonable risk of harm.
- Breach of the Duty of Care: There must be a breach of that duty, such as running a red light or failing to warn customers of a wet floor.
- Causation: The victim also must prove that his or her injury was a direct and foreseeable result of the breach. In other words, he or she would not have been hurt had the defendant used the appropriate level of care.
- Damages: The last step in a successful negligence claim consists of identifying actual damages that were incurred as a result of the accident.
Damages in Brain Injury Cases
In the case of brain injuries, damages can be significant. They can extend to medical bills, lost income, physical therapy and rehabilitation expenses, pain and suffering, and more. If a tragic loss of life ensues from the brain injury, the deceased person’s estate may try to pursue a wrongful death action, which is designed to help close family members of the victim hold a careless person or entity accountable.
It is not always easy to determine whether a brain injury has occurred, and it may be even more difficult to determine with specificity exactly how the accident will affect a victim, particularly over the long-term. This can make the process of identifying and seeking damages more challenging. It is important to seek advice from an attorney during this stage since victims have only one chance to file a lawsuit seeking compensation from any responsible parties.
Consult an Attorney Skilled in Injury Claims
If you or someone you love has suffered serious harm as a result of someone else’s negligence, the capable Queens brain injury lawyers at The Cassisi Law Firm are ready to explore your options with you and potentially assist you in seeking damages. It is important to act as soon as possible. In New York, a negligence case must be filed within three years of the event causing the injury, and a wrongful death case must be brought within two years.