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Brain Injuries

Bronx Brain Injury Lawyer

Turn to Park & Nguyen Today for Help-Seeking Compensation

Are you concerned that you may have suffered a serious brain injury? Are you worried about the cost of medical care for your injuries and lost work? Do you need a personal injury attorney to fight for your compensation? At Park & Nguyen in the Bronx , we have experience with complicated brain injury litigation cases. 

If you are experiencing symptoms of a brain injury, like changed personality and loss of memory, we need to get your diagnoses and start the investigation for your litigation.

Understanding Different Types of Brain Injuries

There are many types of head injuries, including closed head injuries, concussions and traumatic brain injuries (TBI). One thing they all have in common is that they are usually progressive in nature. In many cases, the symptoms of a brain injury are missed even with intensive diagnoses from medical professionals.

Recognizing Symptoms of Brain Injuries

  • Problems with memory
  • Concentration problems
  • Changes in behavior
  • Headaches and sleeplessness
  • Dizziness

Even after a negative CAT scan, brain injury sufferers often don't know that they have a brain injury until their loved ones start noticing some changes in behavior. If you have friends saying that you are just acting differently, you might need to get another diagnosis, because you might have a brain injury. Consult our Bronx brain injury lawyers so we can help you get the compensation you need.

Call our law office at (718) 514-7886 or complete an online form. Our brain injury attorney in the Bronx offers free initial consultations for prospective clients.

Common Causes of Brain Injuries

Brain injuries can occur in various ways. Here are some of the most common causes:

  • Car Accidents: Car collisions are one of the leading causes of brain injuries. A sudden impact can cause the brain to hit the skull, leading to traumatic brain injury (TBI). Both drivers and passengers are at risk, even in seemingly minor accidents.
  • Workplace Injuries: Brain injuries can occur in many work environments. Construction sites, factories, and warehouses are particularly hazardous. Falling objects, machinery accidents, or falls from heights can result in serious head trauma.
  • Slip and Fall Accidents: Falls, especially among older adults, are a frequent cause of brain injuries. When someone trips or slips, their head may hit the ground, leading to concussions or more severe brain injuries.
  • Sports Injuries: Contact sports like football and soccer, or even non-contact sports like cycling, can cause brain trauma. Concussions are common, and repeated hits to the head can lead to long-term brain damage.
  • Medical Malpractice: Sometimes, brain injuries happen due to medical errors. Surgical mistakes, misdiagnosis, or improper treatment can result in serious harm to the brain.

Diagnosis and Medical Testing for Brain Injuries

Brain injuries can be tricky to diagnose, especially in the early stages. Here’s how they are typically diagnosed:

  • Imaging Techniques: Doctors use tools like CT scans and MRIs to detect visible brain injuries. These scans can show swelling, bleeding, or other damage inside the brain.
  • Neuropsychological Testing: This type of testing evaluates cognitive functions like memory, concentration, and reasoning. It helps to assess the long-term impact of brain injuries on a person’s mental abilities.
  • Challenges in Diagnosis: Even with advanced technology, mild TBIs or concussions can be difficult to detect. Symptoms might not appear immediately, and some injuries may not show up on scans, making it harder to diagnose early.

Long-Term Effects of Brain Injuries

Brain injuries can have lasting effects, even years after the injury. Some long-term consequences include:

  • Chronic Traumatic Encephalopathy (CTE): This progressive brain disease is common among athletes with repeated brain trauma. It can cause severe cognitive decline and emotional issues.
  • Cognitive Decline: Brain injuries can result in memory loss, trouble focusing, and difficulty processing information. These cognitive issues can make daily life challenging.
  • Psychological and Emotional Impact: Many people with brain injuries experience changes in mood, depression, anxiety, or personality shifts. These mental health issues can be just as debilitating as the physical ones.
  • Physical Disabilities: In some cases, brain injuries can affect motor skills, speech, and coordination. People may struggle with walking, talking, or performing routine tasks.

Treatment and Rehabilitation for Brain Injury

Treating brain injuries often involves multiple stages of care, including:

  • Medical Treatment Options: Depending on the severity of the injury, treatment can range from emergency care to surgeries. Long-term management might include medications for pain or cognitive therapy.
  • Physical and Cognitive Therapy: Rehabilitation often includes physical therapy to restore motor skills and cognitive therapy to address memory or reasoning problems. Speech therapy may also be needed for individuals with communication difficulties.
  • Support for Families: Families of brain injury victims can face emotional and financial challenges. Support groups and resources are available to help loved ones cope with the long-term effects of brain injuries.

Legal Process for Brain Injury Claims

If you or a loved one has suffered a brain injury due to an accident or negligence, it's important to understand the legal process involved in filing a claim.

Steps in Filing a Claim
The process of pursuing a brain injury claim involves several key steps:

  • Initial Consultation: The first step is to meet with an experienced brain injury lawyer to discuss the details of your case. Your lawyer will evaluate the strength of your case and determine the next steps.
  • Gathering Evidence: To build a strong case, your attorney will gather evidence, including medical records, witness statements, accident reports, and expert testimony. This evidence will help prove the extent of your injury and who is at fault.
  • Filing the Claim: Once the evidence is collected, your lawyer will file the claim with the appropriate court. This includes outlining the legal basis for your injury and the damages you seek.
  • Negotiation and Settlement: After filing the claim, the insurance companies or opposing party may offer a settlement. Your attorney will negotiate to ensure you receive fair compensation for your injuries.

Statute of Limitations
In New York, the statute of limitations for filing a brain injury lawsuit is typically three years from the date of the injury. This means you have three years to file your case in court. Failing to do so within this time frame can result in losing your right to pursue compensation, so it’s crucial to act quickly.

How Fault is Determined in Brain Injury Cases
In personal injury cases, fault is usually determined by negligence. This means that someone’s careless actions led to your injury. To prove negligence, your lawyer must demonstrate:

  • Duty of Care: The responsible party had a duty to protect you from harm.
  • Breach of Duty: They failed in that duty (e.g., a driver running a red light or an employer not maintaining safe work conditions).
  • Causation: Their actions directly caused your brain injury.
  • Damages: You suffered harm as a result of their actions.

Settlement vs. Trial
In many brain injury cases, settlement is the preferred route because it can save time and money. Here’s the difference:

  • Settlement: This occurs when both parties agree on a compensation amount without going to court. Your lawyer will negotiate to ensure the settlement is fair and fully covers your damages.
  • Trial: If a settlement cannot be reached, your case may go to trial. During the trial, a judge or jury will decide the outcome. Going to trial can be time-consuming and expensive, but your lawyer will guide you through the process and represent your interests.

Types of Compensation for Brain Injury Victims

If you win your case or settle, there are several types of compensation you may be entitled to.

  • Medical Expenses: This includes compensation for past and future medical costs related to your brain injury, such as hospital bills, surgeries, therapy, and medications.
  • Lost Wages and Future Earnings: If your brain injury has caused you to miss work, you may be entitled to compensation for lost wages. If the injury prevents you from returning to your previous job or affects your ability to earn in the future, your lawyer can help calculate future lost earnings.
  • Pain and Suffering: Brain injuries often cause emotional and physical pain. Compensation for pain and suffering accounts for the impact the injury has had on your quality of life, including mental distress, anxiety, and loss of enjoyment in life.
  • Punitive Damages: In cases of extreme negligence or malicious intent, such as in drunk driving accidents, punitive damages may be awarded. These are meant to punish the defendant and deter others from similar behavior.

Your attorney will help determine what compensation you may be entitled to and fight for the maximum amount possible.

Frequently Asked Questions (FAQs) About Brain Injuries

  • What should I do if I suspect I have a brain injury?
    If you suspect you have a brain injury, it's crucial to seek medical attention immediately. Even if symptoms seem mild, early diagnosis can help prevent further damage. Your doctor may perform tests, such as CT scans or MRIs, to assess the extent of the injury.
  • How long does it take to recover from a brain injury?
    Recovery times vary depending on the severity of the injury. Mild concussions may resolve within weeks, while more serious brain injuries can take months or even years to recover from. Some people may face long-term effects, requiring ongoing treatment and rehabilitation.
  • Can a brain injury cause permanent damage?
    Yes, depending on the severity and location of the injury, brain damage can be permanent. In some cases, individuals may experience lifelong cognitive, emotional, or physical impairments. Rehabilitation can help improve functionality, but full recovery may not always be possible.
  • What are the signs that I might have a brain injury?
    Signs of a brain injury can vary, but common symptoms include memory loss, headaches, dizziness, nausea, difficulty concentrating, and changes in mood or behavior. If you experience any of these symptoms after an accident or blow to the head, you should see a doctor immediately.
  • How do I know if my brain injury case is strong enough for a lawsuit?
    To determine whether you have a valid case, it’s important to consult with a brain injury lawyer who can assess your situation. They will look at factors such as the cause of the injury, the severity of your symptoms, medical evidence, and how the injury has affected your life.
  • What is the statute of limitations for filing a brain injury lawsuit in New York?
    In New York, you typically have three years from the date of the injury to file a personal injury lawsuit. However, this timeline may vary based on the circumstances of your case, so it's important to consult with a lawyer as soon as possible to ensure you don’t miss any critical deadlines.
  • Can I still file a lawsuit if I didn’t lose consciousness after my injury?
    Yes, you can still file a lawsuit even if you didn’t lose consciousness. Many brain injuries, including concussions and mild TBIs, occur without the person losing consciousness. Symptoms can be subtle, so it’s important to get checked out by a doctor regardless of whether you lost consciousness or not.

Reach Out to Our Attorneys for Full & Fair Compensation

Brain injury litigation is complicated and expensive. This is one of the reasons why we work on a contingency fee basis. You won't have to pay fees until we get a successful settlement or verdict in your case. This minimizes the risk for you as you pursue just compensation for your injuries.

Our Bronx brain injury attorneys have more than 50 combined years of experience in the practice of law.  We give our clients reasonable expectations and trusted counsel, and we litigate fiercely on our clients' behalf.   

Contact us online or call our offices at (718) 514-7886 for a free initial consultation. Our brain injury lawyers in the Bronx are dedicated to helping you protect your best interests.

What Our Clients Are Saying

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