New York Traumatic Brain Injury Lawyer
Legally Reviewed By: Jud Waltman
A traumatic brain injury (TBI) ranks as one of the most serious injuries a person can experience. Brain damage may permanently alter a person’s quality of life. The effects of a traumatic brain injury can range from personality changes to long-term coma. Further, such a catastrophic injury could incur lifelong medical expenses reaching seven figures.
A TBI claim may be the only way to gain the compensation necessary to provide adequate care to victims of traumatic brain injury. However, TBI is one of the most complicated types of personal injury cases to pursue.
You can find many personal injury lawyers in New York, but success in a TBI case requires the skill and qualifications of New York traumatic brain injury lawyers with a track record of winning complex cases.
If you or a loved one has sustained a traumatic brain injury in New York, The Lanier Law Firm will build the case you need for fair compensation. Contact The Lanier Law Firm today and schedule a free consultation with a New York traumatic brain injury lawyer.
Brain Injury in New York
The New York State Department of Health (NYSDOH) estimates that nearly 400 cases of traumatic brain injury occur every day in New York State.
Traumatic brain injuries in New York account for 2,000 deaths and 112,000 emergency room visits each year. For over a decade, traumatic brain injury has consistently been the cause of death for around 10% of New York State residents.
Data from the NYSDOH show that children and the elderly are at the highest risk of sustaining a serious brain injury, and men are nearly twice as likely as women to be hospitalized for a head injury.
New York State has a three-year statute of limitations on filing a personal injury claim. When a brain injury results from medical malpractice, the statute of limitations is two years and six months. When brain damage is not immediately recognized as the outcome of medical care, New York State law allows up to one year after the date of discovery.
Causes and Costs of Traumatic Brain Injury
A strong blow to the head causes traumatic brain injury.
Traumatic brain injuries can be caused by:
The brain is a complex and delicate organ, and brain damage affects every victim differently.
Some of the most common effects of brain damage include:
- Cognitive difficulties
- Emotional and behavioral changes
- Memory loss
- Hearing and speech difficulties
- Mobility issues and paralysis
- Long-term coma
A brain injury victim may not be able to work or may require long-term assisted living.
In addition to the immediate effects of a brain injury, brain trauma victims are at increased risk of developing additional conditions, including:
The extensive list of possible short- and long-term outcomes for a TBI victim means that care is likely to be a significant and ongoing expense. It takes skilled legal representation with in-depth knowledge of the legal, medical, and insurance fields to understand how much compensation a victim should receive and then develop a legal argument for compensation.
How a Brain Injury Lawyer Can Help You Gain Compensation
Attempting to navigate a brain injury claim by yourself reduces your chance of success. Winning a complicated case like this requires extensive legal and medical knowledge to accurately assess the costs associated with traumatic brain injury.
Every brain injury victim has a unique medical situation, which means outcomes and expenses vary for each person. When you don’t have a brain injury lawyer building a case on your behalf, you risk a significantly reduced payout from an insurance company.
The lifetime cost of medical treatment for a severe traumatic brain injury can reach seven figures.
An experienced brain damage lawyer knows how to fight for maximum compensation. Your lawyer will need to develop a fair compensation goal for both economic and non-economic damages.
Economic damages will cover costs and losses caused by the injury. These items may include:
- Medical bills
- Medication costs
- Residential or in-home care
- Lost earning ability and benefits
The amount of compensation should also take into account the patient’s long-term prognosis. Brain injury victims run a high risk of developing further medical conditions, such as dementia, and these can incur additional costs in the future that should be included in a settlement.
Non-economic damages can be pursued for non-financial matters. These damages include areas like:
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Loss of companionship
TBI claims can include significant compensation to address the emotional damage wrought when brain injury leaves a partner or parent unable to fill their former family role.
New York State has no damages cap on personal injury compensation. This means there’s no legal limit on the amount of money you could receive in a traumatic brain injury case.
The Lanier Law Firm: Aggressive Advocates for Brain Injury Victims
The experienced New York brain injury attorneys at The Lanier Law Firm are leaders in the field of brain injury compensation. The Lanier Law Firm routinely gains significant compensation through settlement and verdict outcomes.
Our attorneys usually prefer negotiation to a court verdict. Negotiating a fair settlement can be a faster and safer route to recovering damages. However, The Lanier Law Firm knows that gaining maximum compensation for a client often requires the willingness and skill to take a case to trial.
The accomplished trial lawyers at The Lanier Law Firm don’t hesitate to take a case to trial. They’re ready to put in the time and work necessary to obtain the compensation their clients deserve.
The Lanier Law Firm has been nationally recognized for achieving billion-dollar settlements and verdicts and has a successful track record of representing brain injury clients in personal injury and medical malpractice cases.
The firm has won so many brain injury cases that Mark Lanier, the firm’s founder, was invited to instruct other legal professionals on his approach to brain injury litigation at the national Traumatic Brain Injury Seminar.
If you or a loved one has suffered from a traumatic brain injury in New York, The Lanier Law Firm has the resources and skills to help you get the compensation you deserve.
Contact The Lanier Law Firm today to schedule a free consultation with a skilled New York brain injury lawyer.
What if my loved one has died or cannot take legal action?
If your loved one has died as the result of brain injury complications, close family members like a spouse, parent, or child can bring a wrongful death action seeking compensation for the death. In New York, the statute of limitations for wrongful death is two years.
Sometimes a family member is incapacitated to the point that they cannot take legal action themselves. When this happens, a close family member can initiate a case on the patient’s behalf. Often, this family member will need power of attorney.
You can contact The Lanier Law Firm for a free case evaluation to assess how to move forward when a loved one is incapacitated.
How much money can I win in a New York brain injury case?
A brain injury is a catastrophic injury that comes with significant medical costs and markedly reduces the victim’s quality of life as well as the lives of their family members.
Such profound consequences mean that brain injury cases can bring some of the highest compensation in a personal injury case. On average, brain injury cases bring settlement amounts ranging from six to seven figures.
Every case has a unique value based on many different factors. A skilled brain injury attorney will know how to establish a target settlement amount for the maximum compensation available for your case.
How much does a New York brain injury lawyer cost?
The New York brain injury lawyers at The Lanier Law Firm offer contingency-fee arrangements. A contingency fee is paid as a percentage of the final amount of compensation won. You pay legal fees only if your case is successful.
Contingency-fee agreements offer a practical way for brain injury victims to hire an attorney without worrying about their ability to afford quality representation.
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