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Traumatic brain injuries (TBIs) can have life-altering consequences. If your injury was caused by someone else’s negligence, you may be entitled to compensation under New York personal injury law. From car accidents to slip and falls, TBIs are among the most serious injuries victims can suffer. Understanding how these claims work in New York is essential to protecting your rights and securing the financial support you need for medical care, lost wages, and long-term recovery. Here’s what you need to know about TBIs and personal injury claims in New York from an experienced New York personal injury attorney.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when a sudden impact or jolt disrupts normal brain function. TBIs range from mild (such as concussions) to moderate or severe injuries that can cause long-term disability or death.
In New York, common causes of TBIs include:
- Motor vehicle accidents
- Falls from heights or on slippery surfaces
- Physical assaults
- Workplace accidents, especially in construction
Symptoms vary but often include memory loss, confusion, headaches, dizziness, mood swings, and difficulty concentrating. Some signs may appear immediately, while others develop over time. Early diagnosis and treatment are critical to improving outcomes and documenting the injury for legal purposes.
How New York Personal Injury Law Applies to TBIs
If your TBI was caused by someone else’s negligence, you may have grounds for a personal injury claim under New York law. To succeed, you must prove that another party owed you a duty of care, breached that duty, and caused your injury.
New York follows a comparative negligence rule. This means you can still recover damages even if you were partially at fault, though your compensation will be reduced by your percentage of fault.
The statute of limitations for most personal injury claims in New York is three years from the date of the accident. Missing this deadline can bar you from recovering compensation.
Damages in TBI cases may include:
- Economic losses: medical bills, rehabilitation costs, lost wages
- Non-economic losses: pain and suffering, emotional distress
- Future care costs: long-term therapy, assisted living, or home modifications
Establishing a clear link between the accident and the brain injury is essential. This often requires detailed medical records and expert testimony.
Building a Strong TBI Claim: Medical and Legal Documentation
A successful TBI claim depends heavily on thorough documentation. Medical records are the foundation of your case. These may include:
- Diagnostic imaging, such as CT scans or MRIs
- Neurological evaluations
- Ongoing treatment notes from physicians and therapists
It’s also important to track symptoms over time. Keeping a journal of physical, emotional, and cognitive changes can help demonstrate the injury’s impact.
Legal documentation is equally important. This includes:
- Accident reports from police or employers
- Witness statements
- Insurance correspondence
Experienced attorneys often work with expert witnesses, such as neurologists or neuropsychologists, to explain the injury’s severity and long-term effects. These professionals can provide insight into how the TBI affects your ability to work, function, and enjoy life.
Challenges in TBI Cases and How an Attorney Can Help
TBI claims can be complex. One major challenge is that symptoms may not appear right away, making it harder to prove the injury was caused by the accident. TBIs are also often invisible on the surface, leading insurers to downplay their seriousness.
Another hurdle is demonstrating the long-term impact. Insurance companies may argue that symptoms are temporary or unrelated to the incident.
A skilled New York personal injury attorney can help by:
- Coordinating with medical experts to validate your diagnosis
- Gathering and organizing evidence to support your claim
- Negotiating with insurance companies for a fair settlement
- Preparing your case for trial, if necessary
Getting legal help early can make a significant difference in the outcome of your case.
What to Do If You Suspect a TBI After an Accident
If you or a loved one may have suffered a TBI, take these steps right away:
- Seek immediate medical attention, even if symptoms seem minor
- Follow all treatment recommendations and attend follow-up appointments
- Keep detailed records of your symptoms and medical care
- Avoid speaking with insurance adjusters before consulting an attorney
Prompt action helps protect both your health and your legal rights.
Talk to a New York Brain Injury Lawyer About Your Options
If you or someone you love has experienced a traumatic brain injury due to another person’s negligence, you don’t have to navigate the legal process alone. At Michael LoGiudice, LLP, we understand the serious impact TBIs can have on your life. Contact us today for a free consultation and learn how we can help you pursue the compensation you deserve.