As one would generally expect, accidents involving brain injuries can be very devastating and life changing. However, accidents involving your brain may not manifest right away or you may not think of claiming a brain injury upon the initial accident.
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Since brain injuries can be so serious, it is important to understand the nature of the injury and what to do. In this article, we shall be discussing the following:
- What is Brain injury?
- What are most common causes of brain injures?
- What a brain injury attorney does?
- Do I need a brain injury lawyer?
- What are the laws on traumatic brain injury?
What is Brain Injury?
According to the Brain Injury Association of America, a brain injury, otherwise known as a traumatic brain injury or TBI, is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. A TBI can result in short or long-term problems with independent function.
Unlike other body parts, such as your back, neck, or skin, brain injuries do not heal. Recovery is a functional recovery, based on mechanisms that remain uncertain. According to the Brain Injury Association of America, brain injuries can result in “an impairment of cognitive abilities or physical functioning. It can also result in the disturbance of behavioral or emotional functioning.”
Intellectual consequences can include memory loss, slowed ability to process information, trouble concentrating, organizational problems, poor judgment and difficulty initiating activities. Physical consequences can include seizures, muscle spasticity, fatigue, headaches and balance problems. Furthermore, Emotional/behavioral consequences can include depression, mood swings, anxiety, impulsivity and agitation.
Unfortunately, a brain injury affects not only the victim, but also their family, close friends, coworkers and other social networks of the victim resulting in roles and relationships change. As expected, the financial ramifications may be extensive due to loss of their current employment and inability to work indefinitely.
Brain injuries may not manifest right away or may be not be diagnosed immediately. Symptoms of brain injuries may not appear immediately after the accident or the victim may not feel associate the symptoms with their accident.
As such, since a brain injury is so life-changing and complex, it is very important to consult with an experienced and knowledgeable brain injury attorney to explain your options, rights, how to best prove your case and injuries, and the important steps to secure the best settlement or award for you as possible.
What Are the Most Common Causes of Brain Injures
A brain injury refers to the occurrence of an insult to the brain which causes damage. Due to the fact that each injury damages a different part of the brain, every injury is unique and often described as either traumatic or acquired based on the particular cause.
The most common causes of traumatic brain injury or the causes of TBI include motor vehicle accidents, falls, or blunt trauma. For all three causes, there is some sort of trauma to the head. However, these traumatic brain causes may not necessarily involve a fracture of the skull, open head wound, or even loss of consciousness. This is why sometimes it is not readily apparent that a traumatic brain injury occurred or that a brain injury resulted from these causes of brain injury.
For instance, if the victim was involved in a motor vehicle accident and hit their head against their car passenger window, but was not treated at the emergency room for their head, they may not feel that they experienced a brain injury or that their head injury was not severe enough to qualify as a traumatic brain injury or that they are entitled to brain injury compensation. However, only later when they start experiencing headaches, may then they associate their headaches to a possible traumatic brain injury resulting from the motor vehicle accident.
Unfortunately, the insurance companies may still deny compensation for the brain injury at that point; however, just because the insurance company may deny the brain, does not mean that you, as the victim, are stil not entitled to brain injury compensation. Accordingly, even though the symptoms may not have manifested immediately after the accident, you still may have sustained a traumatic brain injury and need to consult with a brain injury attorney to receive brain injury compensation.
Some of the most common symptoms from a traumatic brain injury include:
- difficulty coordinating balance
- blurred vision in one or both eyes
- milder vision problems
- changes in sensory perception
- trouble speaking and swallowing
- personality changes
- difficulty forming sentences or choosing vocabulary
- trouble communicating
- difficulty with reason, focus and logic
- memory impairments
If you are experiencing any of these symptoms, instead of just dealing with the symptoms in the hopes that they will go away, you should seek medical treatment right away. The sooner a traumatic brain injury is detected and diagnosed, the better it is for your health and for your case.
What a Brain Injury Attorney Does
A traumatic brain injury attorney not only knows how to present the best evidence for your personal injury lawsuit in general, but is knowledgeable and experienced about head injury law and the anatomy of the brain. A New York brain injury attorney will be able to analyze and decipher the specific aspects of your brain injury to get you the most brain injury compensation as possible.
A brain injury accident lawyer or brain injury law firm will be familiar enough with traumatic brain injuries to be able to present evidence required to show just how life changing the brain injury impacts the victim, and the pain and suffering, including permanent disability. A brain injury attorney will also know what resources, treatment, and specialists that the victim will require for treatment and stabilization. This includes physicians, rehabilitation specialists, and home and personal care professionals. Also, it will include what type of equipment for your home and vehicle may be required per the advice of your medical professionals.
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Furthermore, a brain injury attorney will be able to present evidence of your lost wages your claiming, including loss of permanent employment and permanent disability. You do not want just another personal injury lawyer, but a brain injury attorney with experience in these matters to best present your case.
Do I Need a Brain Injury Lawyer?
Since a brain damage lawsuit can be so complex, from proving liability, proving that the brain injury is the approximate cause of the accident, to providing the extent of your damages, a brain injury compensation lawyer is highly recommended in order to receive the best brain injury compensation as possible. Since damages can be so high, a brain injury lawyer New York or a brain injury attorney New York NY, will know how to best present evidence on your behalf to show the extent of how life changing your brain injury was and that you deserve the maximum brain injury compensation.
Furthermore, a brain injury lawyer will know the ins and outs of brain injury law, and may be able to find alternative ways of collecting brain injury compensation on your behalf, even if the other party’s insurance party offers you policy limits, or the maximum amount payable under the insurance policy.
How much will my brain injury settlement be? What is the average settlement for traumatic brain injury? When it comes to brain injury lawsuit settlements, a brain injury compensation lawyer or brain injury lawyer New York will have to present evidence involving two main issues. The first issue is liability. The brain injury lawyer will have to show that the other party or parties were legally liable for your traumatic brain injury. This means that if you had preexisting brain treatment prior to the accident or if you had a gap in treatment between the accident and when you first sought head treatment or had head complaints, your brain injury lawyer New York will have to show that the injury claim is the approximate cause from the accident. They may require obtaining expert medical evidence.
The second issue is damages. Damages is the amount of pain and suffering that you received as a result of the accident. Oftentimes, this is proven by using medical treatment and bills as evidence of the pain and suffering received, but since traumatic brain injuries are so life changing, a brain injury compensation lawyer will have to present evidence showing this brain injury is permanent in nature and to the degree to which it is, including loss of employment, loss of personal life, and even how your injury impacts those around and closest to you.
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Again, since a traumatic brain injury is very complex and serious, you definitely should seek consultation with an experienced and knowledgeable brain injury lawyer New York right away.
What Are the Laws on Traumatic Brain Injury?
When it comes to your brain injury lawsuit, you’ll want your brain injury compensation lawyer to be familiar with the most recent and up-to-date brain injury law. For instance, if your child sustained blunt trauma at school at a sporting event, your lawyer should be familiar with N.Y. Education Law § 305.42 (2011 SB 3953). This law enacts the “concussion management and awareness act” and directs the commissioners of education and health to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries and requires school personnel to receive training in mild traumatic brain injuries. This law also requires an information pamphlet on mild traumatic brain injuries to be distributed to parents of pupils participating in interscholastic sports or who have suffered a mild traumatic brain injury and provides for the establishment of concussion management teams to implement the provisions established in this law.
Similarly, your New York brain injury attorney will also be up-to-date on the most recent New York traffic motor vehicle code, and New York laws when it comes to slip and falling.
At Law Office of Yuriy Moshes, we are experienced and knowledgeable and are one of the brain injury law center because we keep up-to-date with the NY brain injury law. We represent victims in the greater New York City area including all its boroughs, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York.