Traumatic Brain Injury

A traumatic brain injury often results after an accident. Examples of accidents that frequently cause brain injuries including ceiling collapses, falling objects which strike a person's head, construction accidents, and car accidents. An experienced brain injury attorney must, like a doctor, be able to diagnose that his client has potentially suffered a brain injury or mild traumatic brain injury and do a proper work up. This includes finding and referring the patient to proper medical specialists including some of the top neurologists in New York City who will perform a battery of testing in order to pinpoint a conclusive diagnosis. When we meet a client who has suffered an injury to his head, we always consult with his treating doctor to formulate a medical-legal team who will work together on helping this individual.

Commonly Asked Legal Questions About Traumatic Brain Injuries

Can a traumatic brain injury (TBI) survivor bring a lawsuit to assist in paying for the costs of medical care, rehabilitation, and support?

The ability to successfully bring a lawsuit for compensation for traumatic brain injuries depends on a number of factors. One important factor is the cause of the injury. If a defective product causes an injury, such as an automobile, many states have laws that place responsibility on the manufacturer and distributor of the product to compensate the injured person. If another person is at fault in causing a traumatic brain injury, that person can also often be held responsible for compensating the injured person. Speaking with an attorney who is experienced in representing people with personal injuries and is knowledgeable about traumatic brain injuries is recommended.

If a traumatic brain injury occurs in the workplace, can the employer be sued for compensation?

Ordinarily, employers cannot be sued for injuries to an employee that occur during the scope and course of employment. Under those circumstances, the employee must make a claim for worker’s compensation. However, most states have some exceptions to the general rule that an employer cannot be sued for work related injuries. For example, when a worker at a job site is negligently injured by someone other than the employer (such as another subcontractor at a construction site), the negligent party ordinarily can be held responsible in court for the injuries. Speaking with an attorney who specializes in representing workers with worker’s compensation claims is recommended to learn about available compensation for work related traumatic brain injuries.

If a person dies from a brain injury, can loved ones bring a claim for the injury?

Claims for the wrongful death of a family member are often allowed, although all states have restrictions on which family members are permitted to make claims. Unrelated individuals are ordinarily not permitted to make a claim for the death of a loved one, although some states have limited exceptions to this general rule. Speaking with an attorney who is experienced in representing people with personal injuries and is knowledgeable about brain injuries is recommended. Are there any limitations on the amount of time a person has to bring a suit for personal injury or wrongful death?

Yes! Each state has its own laws on the length of time following an injury or death that a person has to file a lawsuit. Therefore, if you believe that either you or a family member may have a valid claim, you should promptly consult with an attorney about time limitations on making the claim.

What kinds of compensation can a TBI survivor recover in a lawsuit?

A lawsuit is often the only means of obtaining the compensation needed to cope with traumatic brain injuries. The types of compensation that can be recovered depend on the particular circumstances of each individual but typically include monies for medical expenses (both past and future), rehabilitation costs and attendant care, assistive equipment and technology, home modifications to accommodate disabilities, lost income, lost earning capacity, pain, suffering, emotional distress, disfigurement, and disability.

What to do following a head injury?

If the brain injury was related to a motor vehicle collision, insist that a report be filed with the police, sheriff or state highway patrol.

Obtain names, addresses and telephone numbers of all witnesses.

If the brain injury was related to an accident, photograph the accident scene, including all vehicles involved (before repairing) and any visible injuries (cuts, bruises).

Professional photographs are generally preferable, but not essential.

Talk to no one about the incident or injuries other than your personal physician or lawyer.

Sign nothing without consulting a lawyer. Truthful statements you make in an attempt to be helpful can easily be misinterpreted and turned against you.

Tell your personal physician or surgeon exactly how the injury occurred and describe all symptoms and complaints. Be sure to report memory problems, confusion or disorientation, however minor these things may seem at the time.

Do not assume that you did not lose consciousness just because you cannot remember losing consciousness. Begin keeping a diary of how the brain injury affects your life and family. In particular, write down all medical related visits and everything that causes physical pain, frustration or worry.

Obtain and keep receipts for all expenses relating to the accident or the incident that caused the brain injury. If the injury was related to an accident and you were given a ticket, consult a lawyer before paying a ticket or appearing in court, even if you believe you were partially at fault. Admissions made in traffic court could unfairly hurt your case.