To speak of brain injuries is to speak of one of the most dangerous conditions from a clinical perspective. Although the brain is still a mystery to science, without the proper functioning of this organ, the entire rest of the body can be compromised.
Traumatic brain injury (TBI) is the term for damage to the brain or skull brought on by an impact or strike from the outside. Unlike other injuries, like broken legs or cuts that can heal, brain injuries are frequently permanent and incapacitating.
Based on the New York State Department of Health, there are about 157 cases of traumatic brain injury that end in hospitalization or death every day. In New York State, traumatic brain injuries (TBIs) cause over 2,200 fatalities, 17,000 hospital admissions, and nearly 38,000 ER visits annually.
Because their brains are still developing, children and young adults are especially vulnerable to traumatic brain injuries. Our brains typically continue to grow until we are about 25 years old. TBI can also affect children and young adults, particularly in full-contact sports like football, where they may take repeated hits to the head.
Based on the Centers for Disease Control and Prevention in the US, TBI-related deaths accounted for over 69,000 fatalities in 2021. That works out to roughly 190 TBI-related deaths per day.
TBIs impact people of all ages. Although a traumatic brain injury (TBI) can happen to anyone, research indicates that certain populations may be more vulnerable to long-term health issues or even death from a TBI. Four categories of people who are more susceptible to TBI include:
- Minorities in race and ethnicity
- Veterans and active duty personnel
- Individuals who are homeless
- Individuals housed in prisons and detention centers
- Victims of violence by intimate partners
- Individuals who reside in rural areas
Suppose you are a Long Island resident and have experienced a similar situation due to a car or workplace accident. In that case, you should no longer try to solve the problem alone.
The Ward Law Group, expert brain injury lawyers in Long Island, and a dozen other areas of specialization related to accidents and obtaining compensation and reparations for injuries are here to serve you.
After many years of contributing to the Spanish-speaking community and accident victims in Florida, we decided to open our new offices in New York.
So now our traumatic brain injury lawyers can be closer to communities such as Brooklyn, Queens, Long Island, and other neuralgic points of our country where a high percentage of people require our professional services to overcome complicated situations, such as post-event events of high danger, such as traffic accidents or accidents at work.
Arriving in New York is a great opportunity for our firm to help more human beings and Latin American brothers and sisters in vulnerable situations. We continue to distinguish ourselves by being able to provide legal advice in Spanish, in addition to working with a holistic approach in each case we decide to handle.
While the legal aspect is always covered in the most efficient way possible, we also integrate other aspects, such as emotional, health, environmental, and spiritual aspects, into our work vision and focus on the human being as a starting point.
If you are in Long Island, and a situation like the one described above has crossed your life, write to us so that you can visit our offices and learn more about your case, as well as provide you with a legal diagnosis about the possible horizons and alternatives to obtain compensation that will make more bearable the bad time you have gone through.
Types of Brain Injuries
Not all cases are the same from a legal perspective; likewise, from a medical perspective, not all brain injuries share the same characteristics. This range from mild to very extreme situations. Some may have a more hopeful prognosis, while others may involve a more complex scenario. Victims and their families will need to maintain a resilient attitude to go through this difficult moment.
During all the years that we have been able to dedicate ourselves to the accident field as lawyers, we have identified the following types of brain injuries as the most common:
Traumatic Brain Injury (TBI):
Traumatic Brain Injuries result from external forces causing sudden damage to the brain. Examples include concussions from car accidents, falls, or sports-related incidents.
A common type of mild TBI, concussions involve temporary loss of brain function. They can occur in various scenarios, such as during sports collisions, falls, or vehicle accidents.
Contusions are bruising of the brain tissue and often occur in conjunction with skull fractures. They can result from severe impacts, like those sustained in car accidents or physical assaults.
Penetrating injuries happen when an object pierces the skull and enters the brain. Gunshot wounds and impalement accidents are examples of incidents leading to penetrating brain injuries.
Acquired Brain Injury (ABI):
ABI is damage to the brain that occurs after birth and is not hereditary or congenital. Stroke, infections, or prolonged oxygen deprivation are examples of events causing ABI.
This occurs when the brain sustains damage at the site of impact (coup) and on the opposite side due to the brain rebounding inside the skull (contrecoup). Car accidents often lead to coup-contrecoup injuries.
Diffuse Axonal Injury (DAI):
DAI involves widespread brain nerve fiber damage, often caused by strong rotational forces. High-speed car accidents or severe falls can result in DAI.
Shaken Baby Syndrome:
Infants are vulnerable to brain injuries caused by vigorous shaking, leading to the brain hitting the skull. Shaken Baby Syndrome can result in severe and irreversible damage with permanent disabilities.
Anoxic Brain Injury:
Anoxic injuries occur when the brain is deprived of oxygen, leading to cell damage or death. Near-drowning incidents or prolonged cardiac arrests can cause anoxic brain injuries.
Chemical or Toxic Brain Injury:
Exposure to certain chemicals or toxins can lead to brain injuries. Examples include lead poisoning, exposure to hazardous substances, or drug overdose, resulting in chemical or toxic brain damage.
As we can see, in its interaction with external elements, the brain can be affected in various ways, so we could conclude that traumatic brain injury cases are all not the same. TBI victims will need the right treatment approach to improve their situation.
Prevention and access to information continue to be relevant points when reducing the risk of suffering from any of these clinical conditions, as well as avoiding, for the most part, the possibility of being involved in an accident by following basic recommendations such as being aware of each of your actions, in addition to always maintaining a state of sobriety when deciding to drive a motor vehicle.
Common Causes of Brain Injuries in Long Island
Our New York brain injury lawyers have seen the following most common causes related to these accidental events:
- Motor Vehicle Accidents: Car, motorcycle, and truck accidents are the leading causes of brain injuries in Long Island. The force of impact, sudden stops, or collisions can result in traumatic brain injuries (TBI).
- Falls: Slip and fall incidents, especially in workplaces or poorly maintained premises, contribute significantly to brain injuries. Falls from heights or on slippery surfaces pose substantial risks.
- Sports-Related Injuries: Participation in contact sports or activities without proper protective gear can lead to concussions or other brain injuries. Football, soccer, and even recreational sports carry inherent risks.
- Violence and Assaults: Physical assaults or acts of violence can result in severe head trauma, causing brain injuries. These incidents may occur in public spaces, homes, or during altercations.
- Construction Site Accidents: Workers in the construction industry face risks of falling objects, equipment malfunctions, or falls from heights, all of which can lead to traumatic brain injuries.
- Bicycle Accidents: Collisions involving bicycles and motor vehicles, or cycling accidents, can result in head injuries. Lack of protective gear increases the risk of brain trauma.
- Pedestrian Accidents: Pedestrians struck by vehicles, especially in busy urban areas or at crosswalks, are susceptible to brain injuries due to the impact of a collision that blows to the head or other parts of the body.
- Recreational Activities: Engaging in recreational pursuits such as skiing, snowboarding, or water sports without proper safety precautions can result in accidents leading to brain injuries.
- Workplace Injuries: Certain occupations expose workers to the risk of head injuries, including falls from heights, machinery accidents, or incidents involving heavy objects.
- Medical Negligence: Surgical errors, medical malpractice, anesthesia mishaps, or delayed diagnosis and treatment in medical settings can lead to brain injuries due to lack of oxygen or other complications.
- Defective Products: Malfunctions in consumer products, such as faulty helmets or safety gear, can contribute to brain injuries during accidents or unforeseen events.
- Public Transportation Accidents: Accidents involving buses, trains, or other public vehicles can lead to head injuries, especially for passengers in the event of a collision or sudden stops.
Legal Rights of Brain Injury Victims
Impunity is what we have faced on several occasions. For us, impunity must be banished from any community that aspires to grow in harmony and peace. We believe in universal access to the law, with the possibility of receiving legal protection every time their rights have been violated, in addition to being able to receive advice in their native language.
Being a victim of an accidental event on Long Island that results in a brain injury could open up a range of possibilities that involve building a legal strategy in between. You may be entitled to compensation for every second you have suffered from such events.
To do so, we must analyze your case and find the most relevant aspects to prepare a concise request for those we consider to be repaired.
Some general ideas regarding the legal bases that make up the rights obtained by a person who has suffered the consequences of an accident that resulted in brain injury are the following:
● Right to Compensation:
Brain injury victims have the legal right to pursue compensation from the party responsible for their injuries. This may include medical bills, medical care, lost wages, and pain and suffering.
● Right to Legal Representation:
Victims have the right to seek legal representation from experienced brain injury attorneys who can advocate, navigate complex legal processes, negotiate with insurance companies, and ensure their rights are protected.
● Right to File a Lawsuit:
Victims can file a lawsuit against the negligent party if an amicable settlement cannot be reached. This legal action seeks to hold the responsible party accountable for the injuries sustained.
● Right to Access Medical Records:
Brain injury victims have the right to access their medical records, which can be crucial evidence in building a compensation case. These records help establish the extent of the injury and associated damages.
● Right to Privacy:
Victims are entitled to privacy regarding their medical history and personal information. Legal proceedings should respect and protect the confidentiality of the victim's sensitive information.
● Right to a Fair Settlement:
Victims have the right to a fair and just settlement that adequately compensates them for the physical, emotional, and financial hardships resulting from the brain injury.
● Right to Rehabilitation:
Brain injury victims have the right to receive necessary rehabilitation services to maximize their recovery potential. This may include physical therapy, cognitive therapy, and other forms of rehabilitation.
● Right to Seek Punitive Damages:
Victims of extreme negligence or intentional harm may have the right to seek punitive damages. These damages go beyond compensation and aim to punish the at-fault party for their egregious actions.
● Right to a Timely Trial:
Victims have the right to a timely trial if a lawsuit is filed. This ensures that legal proceedings move forward efficiently, allowing victims to pursue justice without unnecessary delays.
● Right to Informed Consent:
Victims have the right to be fully informed about the risks and benefits of any medical procedures or treatments proposed by healthcare providers. Informed consent is crucial in maintaining the victim's autonomy in decision-making.
● Right to Workplace Protections:
Workers who suffer brain injuries have the right to workplace protections, including compensation through workers' compensation benefits and safeguards against employer retaliation.
● Right to Appeal:
Victims can appeal if dissatisfied with a court decision or settlement. This legal recourse allows for a review of the case by a higher court to ensure a fair and just resolution.
To benefit from these rights in time, you must know the deadlines to initiate a legal request that will lead you to obtain a favorable result. Don't waste any more valuable time if you or any friend or family member has suffered a traumatic brain injury, and contact The Ward Law Group at 855-DOLOR-55 to receive a free evaluation of your case.