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Brain Injury Attorney NYC
People who sustain a brain injury during an accident face a lifetime of challenges. They may have to relearn certain physical skills, such as walking and eating on their own, and their mental capacity is sometimes never the same. The families of brain injury victims also face their own difficulties, as they learn to care for their loved one in a different way and face increasing medical costs and expenses related to making new accommodations in their home.
If you or a loved one has been affected by this type of catastrophic injury, request a free consultation with an experienced New York City brain injury attorney at Silberstein, Awad & Miklos, P.C. today.
Common Types of Brain Injuries
Unfortunately, the brain can become injured in a number of ways during an accident:
Most brain injuries are considered to be traumatic brain injuries (TBIs). These are typically caused by trauma to the head, whether that is a penetration injury or a blunt force trauma to the head, which can cause a concussion.
A coup injury affects the immediate part of the brain that was injured during the accident. A contrecoup injury occurs when the brain becomes injured on the opposite side of the point of impact.
Brain injuries are difficult enough to deal with on their own. When a person suffers from a recurrent brain injury, it can cause additional problems. Second impact syndrome is a medical term for a second TBI an accident victim sustains before the symptoms of the first injury have passed. A second TBI can happen in the hours, days, or even weeks after the first injury.
Another recurrent brain injury that accident victims may suffer from is dementia pugilistica, also known as ‘punch drunk syndrome.’ A person may suffer from this type of injury when they sustain multiple TBIs within a decade or more. Dementia pugilistica can cause problems with speaking, walking, and victims may no longer know how to act appropriately in social situations.
A brain injury can also place accident victims at a higher risk of developing Alzheimer’s disease, Parkinson’s, and other neurological disorders.
Common Causes of Brain Injuries
Any type of accident can result in a catastrophic injury. Some of the most common causes of brain injuries include:
- Auto accidents, including car crashes, truck accidents, bus accidents, and train accidents
- Medical malpractice
- Nursing home abuse
- Defective products
- Premises liability accidents, including slip and falls
These types of accidents are most commonly caused by the negligence of another person. Any time another party is at fault for an accident that results in a brain injury, injured individuals can hold them liable for paying appropriate damages that can provide compensation for their medical expenses and other losses.
The Physical & Financial Costs of Brain Injuries
Brain injuries are one of the most serious types of injuries a person may sustain during an accident. Injured individuals typically have problems performing tasks that were fairly routine prior to the accident, such as walking and eating. Accident victims are often unable to communicate in the same way they once did, due to the fact that their cognitive functions are impaired.
Treatment for brain injuries is very costly. A person will incur not only immediate costs shortly following the accident, but ongoing costs as well, as they need continued rehabilitation and care. Brain injuries also often require additional equipment and medical supplies to support accident victims in their daily life. Sometimes, people who suffer from a brain injury require long-term assistance as well, either from a healthcare professional or family members.
A recent study has shown that on average, a single TBI case could cost an accident victim between $33,284 and $35,954 if the injury was considered mild. On the other hand, those costs increase to a range of $25,174 and $81,153 for a moderate TBI. When the injury is more severe, people incur even more costs. At the time accident victims are struggling with these costs, they are also often unable to go to work and earn an income to pay for these expenses.
Due to the tremendous costs of brain injuries, it is important for accident victims to hold negligent parties liable. Through a personal injury claim, survivors of a brain accident can recover compensation to help offset these costs and aid in their recovery.
How Long Do You Have to File a Claim?
If you have suffered a brain injury due to the negligence of another person, how long do you have to file your case? It depends on the type of accident that caused the injury.
The statute of limitations, or time limit, on most personal injury claims in New York is three years from the date of the accident. This statute of limitations applies to car accidents, slip and falls, defective products, and other common personal injury claims.
However, the statute of limitations on medical malpractice cases is just two years and six months from the date of the negligent action that caused the brain injury. To ensure your claim is filed in a timely manner, contact an experienced NYC brain injury attorney as soon as possible after your accident.
The New York statutes are intended to prevent potential defendants from having a civil claim hanging over their head for an indefinite period of time. Filing a personal injury claim soon after an accident also holds many benefits for accident victims. Over time, memories fade, which can hurt a claim, and evidence may disappear that makes it harder for accident victims to prove their case. The sooner you file, the more likely you can collect appropriate evidence to support your case.
Get Legal Help Today
If you or a loved one has suffered a brain injury as a result of someone else’s negligence, it is critical that you contact a knowledgeable NYC brain injury attorney today. At Silberstein, Awad & Miklos, P.C., our attorneys understand the challenges involved in these claims and how to overcome them to give you the best chance of securing a favorable outcome. Schedule a free consultation with us today.