(914) 220-1086Most people don’t spend much time worried about getting a head injury. Yet according to the Centers for Disease Control and Prevention (CDC), traumatic brain injury (TBI) is a leading cause of death and disability in the United States. In 2020 alone, more than 214,000 people were hospitalized in the U.S. for TBIs.
If you or a loved one suffered a TBI that was caused by another person, then you may be able to file a personal injury lawsuit. The at-fault party can be held liable for all of your losses, including lost wages, medical bills, emotional distress, diminished quality of life, and more. Our traumatic brain injury lawyers will advocate for your right to full compensation for your injuries.
The Law Offices of Thomas L. Gallivan represent accident victims throughout New York who have suffered all types of injuries – including serious injuries like TBI. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a White Plains personal injury attorney, reach out to our law firm today.
What Is a Traumatic Brain Injury?
A traumatic brain injury, or closed head injury, may be diagnosed after a person suffers a violent blow or jolt to either their head or body. This type of blow can sometimes – but not always – cause a skull fracture. While there are many possible causes of TBIs, some of the more common ones include:
- Falls
- Motor vehicle accidents
- Sports injuries
- Construction accidents
- Violence
- Explosive blasts
Types of Traumatic Brain Injuries
There are three main types of traumatic brain injury: mild TBI, or concussion, moderate TBI, and severe TBI. People with moderate or severe TBIs often require ongoing care to recover from their injury.
TBI Symptoms
The symptoms of a TBI can vary significantly based on the severity of the injury. For a mild TBI, a person might have a headache, nausea or vomiting, dizziness or loss of balance, sensitivity to light or sound, loss of consciousness for a few seconds, mood changes, memory or concentration problems, and difficulty sleeping. For a more serious TBI, a person might experience a persistent headache, a loss of consciousness for a few minutes, repeated vomiting, convulsions, loss of coordination, slurred speech, profound confusion, agitation, and/or a coma.
Left untreated, a TBI can cause disability or even death. Even with prompt medical attention, a severe brain injury may cause death. If you suspect that you or a loved one has a TBI after suffering a blow to the head, you must seek medical care as soon as possible. Treatment may include medication, surgery, and rehabilitation to help you regain function after a brain injury.
TBIs are sometimes preventable by taking common-sense precautions. This includes always wearing a seatbelt while in a motor vehicle, wearing a helmet while riding a bike, never drinking and driving, and removing or repairing fall hazards like loose tiles. However, there are some situations where TBIs cannot be prevented because they are caused by another person’s carelessness.
Filing a Claim for a Traumatic Brain Injury
Brain injury victims may be able to file a personal injury claim against a person or entity that caused their accident. To pursue this type of legal action, you will need to prove that the other party was somehow at fault. Typically, this means demonstrating that the at-fault party was negligent, or careless. In some cases, a claim might be based on intentional or reckless conduct.
Negligence is a legal standard that means a person failed to use the level of care that a reasonable person would have used in a similar situation. For example, if a person texts while driving and causes a car accident, then they would be responsible for any injuries that occur as a result. Similarly, if a nursing home fails to prevent falls and a patient suffers a brain injury in a fall, then they could be held liable.
During a free initial consultation, a traumatic brain injury attorney can help you determine whether you might have a potential claim against one or more parties. If you decide to hire a law firm, then they will start investigating the underlying facts of the case. This may include requesting an accident report, reviewing medical records, interviewing witnesses, and analyzing photos and videos of the accident scene.
Once liability has been established, your lawyer will write a demand letter to the at-fault party and their insurance company. This letter will explain what happened and why their insured is legally responsible for your injuries, and then make a demand for damages.
Damages is the term used for compensation in personal injury cases. There are three potential types of damages that you may recover in a traumatic brain injury case:
- Economic damages compensate accident victims for their financial losses. Examples include property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment.
- Non-economic damages pay for indirect losses that can be harder to quantify but are just as important as economic losses. Non-economic damages may include pain and suffering, loss of enjoyment of life, loss of consortium, emotional distress, scarring, and disfigurement.
- Punitive damages are available in cases where the at-fault party (defendant) acted intentionally or recklessly (such as a drunk driving accident). A jury may award these as a way to punish a defendant.
What if my Loved One Died From a TBI?
If a person dies as a result of a traumatic brain injury, then their surviving family may be able to file a wrongful death lawsuit. This type of claim is brought by the representative of the estate and may result in compensation for funeral and burial expenses, loss of consortium, medical expenses, and more.
Your personal injury attorney will include these damages as part of their demand letter. The insurance company will have its own number in mind, and will typically respond with a counteroffer. In most cases, the parties are able to negotiate and reach a settlement.
However, if the insurer refuses to offer a fair settlement, then it may be necessary to file a lawsuit to protect your legal rights. New York has a 3-year statute of limitations for most personal injury claims. With some exceptions, this means that you have to file a lawsuit within 3 years of the date of the accident.
Filing a lawsuit does not mean that your case will go to trial. Instead, it is an opportunity to continue negotiations. If it is necessary to go to court, your lawyer will make arguments, present evidence, and question witnesses before asking a jury to return a verdict in your favor.
Benefits of Hiring an Experienced Brain Injury Attorney
One of the most challenging aspects of brain injury cases is how complex these injuries can be. It may take months for doctors to fully understand a patient’s prognosis. In many cases, a person with a TBI will have permanent disabilities, including memory loss, depression, hearing loss, and trouble with balance.
These types of catastrophic injuries require the help of a brain injury law firm that will fight to get you maximum compensation. An experienced lawyer won’t simply take the first offer that the insurance company makes. They will dig into the case, understand the true extent of your injuries, and use their knowledge of the law to fight for your right to full financial compensation.
Insurance companies often use aggressive tactics to resolve brain injury claims for as little money as possible. This may include asking you to give a statement, sign paperwork, or accept a lowball settlement offer – all before you have had a chance to seek legal representation. The best way to protect yourself is by working with a lawyer who can handle all communications with the insurance company and will protect your interests.
Traumatic brain injury lawyers work on a contingency fee basis. This means that you pay nothing up-front, and only pay a fee if they recover money for you through a settlement or verdict at trial. The fee will be a percentage of your total recovery, as set out in your agreement.
With this type of fee arrangement, you can afford to hire a lawyer even if you’re experiencing financial strain. It also means that you will have less stress on your shoulders, as your attorney can take on the insurance company and their adjusters and lawyers for you. This will leave you free to focus on what is truly important: your health and family.
How Our Law Firm Can Help Brain Injury Victims
Brain injury survivors often face challenges for the rest of their lives as they learn to live with a new normal. A brain injury lawsuit won’t make you whole again, but it can help you obtain the financial stability necessary to move forward with your life. Our law firm is here for you.
At the Law Offices of Thomas L. Gallivan, we know just how devastating a traumatic brain injury can be. We treat our clients with compassion while working tirelessly to get them maximum compensation for their losses. To learn more or to schedule a free initial consultation with a White Plains traumatic brain injury lawyer, give us a call at 914-220-1086 or fill out our online contact form.
What Is the Value of My Brain Injury Claim?
Each brain injury case is different. Depending on the type of brain injury, you might only have mild effects – or you might be permanently disabled. The value of your case will depend on factors such as the severity of the injury, whether you are expected to make a full recovery, and even the size of the at-fault party’s insurance policy.
During a free consultation, your traumatic brain injury attorney will give you a ballpark estimate of the value of your case. This amount may increase or decrease as your case proceeds and your lawyer learns more about your damages and the facts of the case. Contact the Law Offices of Thomas L. Gallivan to talk to a White Plains, New York personal injury attorney.
Who Can I Sue for a TBI?
You may be able to file a claim against any party that was at fault for your traumatic brain injury. This could include negligent drivers, property owners, an employer, a product manufacturer, the owner of a nursing home, a doctor or other healthcare professional, or a government agency. During a free consultation, your attorney will help you understand your rights and options for pursuing legal action for a TBI.
Determining who is at fault for an accident with a thorough investigation is necessary to ensure that you get full compensation for your injuries. At the Law Offices of Thomas L. Gallivan, we take pride in digging into a case to uncover every possible avenue for recovery. Reach out today to schedule a free consultation with a White Plains traumatic brain injury lawyer.
Do I Need a Lawyer for My Brain Injury Lawsuit?
Yes. While it may be possible to handle a minor accident claim on your own, you should always hire a lawyer for more complicated cases. This is particularly true in situations where you have suffered serious injuries and may require long-term medical care – like a TBI.
Studies show that people who have legal counsel recover an average of 40% more than people who represent themselves. It is often a smart idea, both legally and financially, to hire a lawyer. Contact the Law Offices of Thomas L. Gallivan today to talk to a White Plains personal injury attorney about your TBI case.
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