The Centers for Disease Control reports that approximately 1.7 million people each year experience traumatic brain injuries (TBIs) in the United States. TBIs are the leading cause of death and disability in the U.S.
Brain injuries can result from the negligent actions of other parties, such as when a driver speeds and causes a car accident. If an injured individual and their family can prove another party’s fault, they may be eligible for compensation. Although compensation cannot change the medical outcome of a traumatic brain injury, it can help a family with financial recovery and future financial decisions.
If you or a loved one is suffering from a TBI, a Brooklyn traumatic brain injury lawyer could help you pursue the compensation you and your family deserve. A dedicated catastrophic injury attorney could help you establish the facts of your case, evaluate your damages, and negotiate for a fair outcome.
What Causes a Traumatic Brain Injury?
Traumatic and serious brain injuries happen due to the bruising, bleeding, tearing, or twisting of the delicate and vital brain tissue. Car accidents are the leading cause of TBIs. In such accidents, the head can strike another object or the sudden force of acceleration or deceleration can cause internal trauma to the head.
Brain damage can happen at the time of the accident and can worsen as the brain tissues continue to swell and bleed.
Traumatic brain injuries can also occur due to a lack of oxygen and are sometimes referred to as anoxic brain injuries. This can happen with near drownings and complicated or prolonged births.
Common TBI Symptoms
A traumatic brain injury can be minor and temporary or severe and permanent. Common and sometimes lasting traumatic brain injury symptoms include:
- Personality changes
- Severe pain
- Seizures
- Impaired memory and ability to learn
- Inability to walk
- Headaches
- Blurred vision
- Depression
Comparative Fault Laws in Brooklyn
Depending on the circumstances that caused the victim’s traumatic brain injury, the jury may find that some of the liability rests with the plaintiff.
As per the New York Civil Practice & Law Rules § 4011a, a judge or jury can assign a percentage of fault to both the victim and the defendant. This happens when the plaintiff’s careless actions contributed to the accident that caused their brain injury.
If the plaintiff is found to have contributed to causing the accident, the amount the jury awards the plaintiff will then be reduced by the percentage of their own fault. Plaintiffs may need to consult with a Brooklyn traumatic brain injury lawyer to learn more about how this law may apply in their case.
Talk to a Brooklyn Traumatic Brain Injury Attorney Today
Traumatic brain injury cases can very complex and may even require the help of medical professionals and life economists. Hiring a Brooklyn traumatic brain injury lawyer to represent you or a family member to seek compensation for your injuries and losses may increase your chances of success.
TBI attorneys could help you recover a monetary award that fairly compensates your injuries by building a strong personal injury case. They could do so by negotiating a fair settlement offer from the defendant’s counsel or by presenting the case before a jury. Contact a compassionate legal team today to find out what options may be available to you after a traumatic brain injury.
