A brain injury is serious; people tend to have long-term consequences because of an accident where they hit their heads. There are plenty of types of brain injuries that can have different symptoms, causes, and consequences.
If you or a loved one suffers from a debilitating brain injury, you must deal with a lot of stress due to all the burdens and complications of these injuries. You should contact a brain injury lawyer to help you navigate the intricacies of the legal process.
Of course, you would want to seek compensation for your damages, and many times, insurance companies will do whatever they can to avoid paying out or to pay the least amount possible.
If the accident that caused your brain injury was not your fault but another person’s negligent actions, it is not fair you should bear the responsibility.
Your TBI lawyer in Yonkers can run an investigation to find out the responsible party and present a claim on your behalf.
Types of Brain Injuries
A person involved in an accident where they hit their head can get different types of brain injuries, depending on the force of the impact and how they received it. It also affects if they are using any protection on their head.
A concussion is a mild traumatic brain injury that occurs when a blow or jolt to the head or body causes the brain to move rapidly back and forth within the skull.
Concussions can be sustained in various ways, such as during sports injuries (e.g., football tackles), car accidents, falls, or even from violent blows to the head (e.g., from a punch).
A contusion is a bruise on the brain that results from a direct impact on the head. It can lead to localized bleeding and tissue damage. Contusions often occur in car accidents where the head strikes a hard surface or in cases of physical assault.
Diffuse Axonal Injury
DAI is a severe form of brain injury that involves the tearing of nerve fibers (axons) throughout the brain. This injury results from strong rotational forces or acceleration/deceleration injuries.
DAI can happen in high-speed car accidents, severe falls, or when the head suddenly stops or changes direction violently, as seen in shaken baby syndrome.
Anoxic and Hypoxic Brain Injuries
Anoxic brain injury occurs when the brain is completely deprived of oxygen, while hypoxic brain injury results from a partial lack of oxygen. Both can lead to brain cell damage or death.
Anoxic and hypoxic brain injuries can occur due to drowning, choking, cardiac arrest, or situations where the brain doesn't receive sufficient oxygen for an extended period.
Traumatic Brain Injury (TBI)
TBI is a broad term that encompasses various brain injuries caused by external trauma. It can range from mild (concussion) to severe (diffuse axonal injury).
TBIs can result from car accidents, falls, sports injuries, military combat, or any situation involving head trauma.
Acquired Brain Injury (ABI)
ABI refers to any brain injury after birth, excluding congenital or degenerative conditions. It can be caused by trauma, infections, strokes, or tumors.
ABI may result from a stroke, a brain infection (e.g., meningitis), brain surgery, or degenerative conditions like Alzheimer's.
Common Causes of Brain Injuries in Yonkers
As mentioned before, each type of injury, these different injuries can be sustained in different scenarios, which also makes us think about how precautious they were or who else could have been implicated and potentially liable.
- Common causes of brain injuries are:
- Car Accidents
- Motorcycle Accidents
- Slip and Falls
- Workplace Accidents
- Medical Malpractice
- Sports Injuries
- Physical Assaults
Symptoms and Diagnosis
When it comes to brain injuries, understanding the symptoms and seeking prompt diagnosis is paramount, especially if you're considering legal action. Whether you're dealing with cognitive, physical, or emotional symptoms, recognizing the signs is crucial.
These are often the most subtle yet potentially debilitating symptoms of a brain injury. Individuals might experience memory problems, confusion, difficulty concentrating, or even changes in their problem-solving abilities. In legal cases, documenting these cognitive changes is vital for establishing the impact of the injury.
Physical symptoms can be more apparent, ranging from headaches, dizziness, and nausea to balance issues, sensitivity to light or noise, and in severe cases, seizures. In personal injury claims, these physical symptoms are tangible evidence of the injury's effects and can be crucial for compensation.
Brain injuries can lead to emotional disturbances, such as mood swings, irritability, depression, or anxiety. These changes in behavior and emotions can significantly impact an individual's life. In legal matters, these symptoms can be linked to the injury's emotional toll and its effect on daily functioning.
Importance of Immediate Medical Attention
Regardless of the type of brain injury, seeking immediate medical attention is non-negotiable. Even mild symptoms can signify a more severe underlying issue. In a legal context, a prompt medical assessment creates a record of the injury's initial impact, which can be essential for building a case.
Accurate diagnosis is essential for both medical treatment and legal claims. Medical professionals often use diagnostic tools like MRI (Magnetic Resonance Imaging) and CT (Computed Tomography) scans to assess brain injuries.
These tests provide detailed images of the brain, helping to pinpoint the location and extent of damage.
Legal Rights for Brain Injury Victims
Suffering a brain injury can be a life-altering experience, and if you or a loved one has experienced such an injury in Yonkers, it's essential to be aware of your legal rights. Brain injury victims have the right to seek compensation for various damages they may have incurred due to the injury.
1. Compensation for Medical Expenses:
Brain injuries often entail extensive medical treatment, including hospital stays, surgeries, rehabilitation, and ongoing care. Victims have the right to pursue compensation for all past and future medical expenses related to their injuries.
This compensation aims to alleviate the financial burden placed on victims and their families.
2. Loss of Income and Earning Capacity:
Many brain injury victims are unable to work temporarily or, in severe cases, permanently. New York law allows victims to seek compensation for lost wages and the potential loss of future earning capacity.
This is especially important for maintaining financial stability and providing for one's family.
3. Pain and Suffering:
Beyond the financial aspects, brain injury victims have the right to seek compensation for the physical and emotional pain and suffering they endure.
These damages account for the diminished quality of life, emotional distress, and the overall impact of the injury on one's well-being.
4. Punitive Damages (in certain cases):
In cases where the responsible party's actions were particularly egregious, punitive damages may be pursued. These damages aim to punish the wrongdoer and serve as a deterrent to prevent similar actions in the future.
It's important to note that navigating the legal process for brain injury claims in Yonkers can be complex, and seeking the guidance of an experienced TBI Lawyer is highly advisable.
They can help you understand your rights, assess the full extent of your damages, and build a strong case to secure the compensation you deserve. Your legal rights as a brain injury victim are a crucial step toward regaining control of your life and securing the resources necessary for your recovery and well-being.
How is Fault Determined in Brain Injury Cases?
Determining fault in brain injury cases is a crucial step in pursuing legal action and seeking compensation for the victim's damages. It involves a comprehensive process that relies on various factors and evidence.
Here's an overview of how lawyers establish fault in such cases:
The first step is a thorough investigation. Attorneys collect all available evidence, which may include police reports, medical records, witness statements, and expert opinions. They aim to establish a clear timeline of events leading to brain injury.
In a car accident case, the lawyer may gather evidence showing that the other driver was speeding and ran a red light, leading to the collision and subsequent brain injury.
Lawyers must demonstrate that the defendant had a duty of care toward the victim. This means showing that the defendant had a responsibility to act reasonably and avoid causing harm to others.
For example, in a premises liability case, the property owner has a duty to maintain a safe environment. If a slip and fall on a wet floor caused a brain injury, the lawyer may argue that the property owner failed in their duty of care by not promptly addressing the hazard.
To establish fault, lawyers must prove that the defendant breached their duty of care. This involves demonstrating that the defendant's actions or negligence deviated from what a reasonable person would do in similar circumstances.
Lawyers must establish a direct link between the defendant's breach of duty and the victim's brain injury. This is known as causation, which demonstrates that the defendant's actions were the proximate cause of the harm.
Finally, lawyers must quantify the victim's damages. This includes medical bills, lost wages, pain and suffering, and future expenses related to the brain injury. Calculating damages accurately is essential in seeking appropriate compensation.
Get Help From A Traumatic Brain Injury Lawyer
The Ward Law Group has a team of legal professionals who have gathered tons of experience throughout their careers. Accumulating more than 25 years of successful representation on behalf of their clients.
We understand the stress and confusion you may be dealing with, and we offer our service to you to alleviate that weight. You can rely on our expertise since we have successfully won several cases where our clients could recover millions of dollars out of their injury cases.
We will work tirelessly to bring justice to you and your family. Don’t hesitate to seek legal help, you have rights, and we are here to enforce them. Call us now at 855-DOLOR-55 for a free evaluation of your case.