Traumatic brain injuries can have significant and life-altering consequences for victims and their families. Unfortunately, these injuries are often serious, resulting in mounting medical bills compounded by lost wages and pain and suffering. As such, if another party’s negligence has caused your injury, New York law may allow you to seek compensation for the damages you have endured as a result. If you or someone you know has recently suffered a traumatic brain injury, chances are you understand how potentially devastating its impact may be. This is why it is important you read on and discover whether or not you are entitled to compensation, which may go towards medical bills, in-home care, and other damages. Because traumatic brain injury claims can arise from medical negligence, accidents, or premises liability, New York residents should understand the impact that state law and negligence standards have on the outcome of claims.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when someone suffers a sudden impact, violent jolt, or penetrating injury that disrupts normal brain function. These injuries can range from a mild concussion to permanent injuries with severe neurological damage.
It’s important to understand that, in many instances, victims may not realize the severity of the injury they have suffered until symptoms grow worse over time. That is why it is imperative to seek immediate medical attention following a head injury.
Data published by the CDC shows that hundreds of thousands of Americans each year are hospitalized as a result of serious brain injuries, with many unfortunately succumbing to their injuries. As such, these injuries are not something that should be taken lightly.
The Primary Types of Traumatic Brain Injury
- Closed head injuries
- Occurs when the brain is injured without a penetrating wound
- Often, the result of sudden impact or violent shaking of the head
- Common in car accidents, sports injuries, and slip and falls
- Damage can include brain bruises, swelling, or internal bleeding
- Penetrating head injuries
- Occurs when the brain is injured due to an object breaking through the skull and entering the brain
- Can occur as a result of construction accidents, violence, or other traumatic incidents
Common Causes of Traumatic Brain Injuries
- Motor vehicle accidents
- Falls on unsafe properties, including construction sites and sidewalks
- Workplace accidents like slips and falls or heavy equipment
- Medical malpractice
- Birth injuries
- Acts of violence
- Sports or recreational activities
Common Symptoms of Traumatic Brain Injuries
Unfortunately, there is a wide range of symptoms one can experience following a traumatic brain injury. Additionally, symptoms may not immediately present, as a traumatic brain injury can take days or weeks to develop. As such, understanding the symptoms ensures you can seek prompt medical care.
- Ongoing headaches or migraines
- Confusion and difficulty concentrating
- Nausea or vomiting
- Difficulty sleeping
- Dizziness and balance problems
- Memory loss
- Sensitivity to light and sound
- Mood changes
Do You Qualify for Compensation After a Traumatic Brain Injury in New York?
An injured party may qualify for compensation following a brain injury in New York if the injury is the result of another party’s negligent actions. Typically, the victim must fulfill the burden of proof, which requires them to prove the legal elements of negligence.
Eligibility to recover compensation following a traumatic brain injury in New York City generally requires you to prove the other party’s negligence was the cause of the injuries you or your loved one has sustained. In many cases, traumatic brain injury claims arise from medical malpractice or personal injury negligence, depending on how this injury occurred.
Key Elements Needed to Pursue Compensation
In order to seek compensation for a traumatic brain injury claim, victims must establish the following:
- The negligent party owed you a duty of care
- The negligent party breached that duty through negligence or inaction
- The breach directly resulted in a traumatic brain injury
- The victim suffered damages like medical expenses or lost income as a result of the injuries they sustained.
Medical Malpractice vs. Personal Injury Brain Injury Claims
Unfortunately, there are a number of ways in which someone can suffer a traumatic brain injury. As such, understanding the legal framework that is applicable to your unique circumstances is critical when considering how to proceed best. Some traumatic brain injuries are the result of medical negligence, while others occur as a result of negligent individuals or unsafe conditions.
Situations That May Involve Medical Malpractice
- Failure to diagnose or treat brain swelling after a head injury
- Surgical errors affecting the brain or nervous system
- Oxygen deprivation during birth
- Delayed treatment ultimately worsens neurological damage
- Medication errors that result in brain injury complications
Situations That May Involve Personal Injury Liability
- Car accidents caused by reckless or negligent drivers
- Unsafe property conditions resulting in falls
- Workplace accidents caused by unsafe environments
- Negligent security resulting in violent acts and injury
Evidence That Can Strengthen a New York Brain Injury Compensation Claim
Suffering a brain injury in New York City can be incredibly overwhelming. However, the steps you take in the immediate aftermath of the accident can have a considerable impact, not only on your health and well-being, but also on the strength of your claim and, subsequently, the outcome.
Evidence That May Support Your Claims
- Photos and videos of the accident scene
- Witness statements
- Police reports
- Incident reports
- Medical records linking your injuries to the accident
- Surveillance footage
Steps to Take After a Traumatic Brain Injury Accident
- Seek immediate medical evaluation, even if symptoms appear mild
- Follow all medical advice and attend follow-ups
- Document the accident scene
- Obtain witness names and contact information
- Preserve medical records and treatment documents
Contact a New York City Injury Attorney
If you or a loved one has suffered a traumatic brain injury as the result of another party’s negligent actions, whether you were injured by a medical doctor’s inaction, a distracted driver, or an irresponsible property owner, working with the experienced team at Mark Bodner, P.C. is in your best interest. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn more about how we can represent you in the fight for justice.