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Bronx Brain Injury Attorney
Over one million Americans suffer from brain injuries every year, whether it is a skull fracture, brain bleed, depressed skull injury, closed head injury, or other type of traumatic brain injury (TBI). Brain injuries can range in severity from a mild concussion to a very serious injury that results in a coma. In the most tragic cases, brain injuries result in wrongful death. Sometimes, a person will make a full recovery from a brain injury while in other cases, accident victims suffer for many years to come. Brain injuries also sometimes result in a secondary brain injury which damages the brain and its tissues even further.
These injuries do not only significantly impact the life of accident victims, but they are also extremely costly to treat. If you or someone you love has suffered from a brain injury that was the result of someone else’s negligence, you can file a claim against the negligent party to recover damages. These claims are some of the most complex personal injury claims. An experienced Bronx brain injury attorney from Silberstein, Awad & Miklos, P.C. can help ensure you receive the full damages you deserve.
How an Attorney Can Help with Your Claim
It is true that you are not required to work with a brain injury attorney when filing a claim. However, if you do not, you will likely not receive the full amount of damages you or your loved one needs to make a full recovery. When working on your claim, an attorney will:
- Assess your claim: Many people are not aware of the full amount of damages they are entitled to when filing a claim. For example, you may know that you can recover your medical expenses, and you may also not know that you are eligible for pain and suffering damages. Calculating non-economic losses such as pain and suffering is very difficult. An attorney will calculate these damages while also assessing the other damages you deserve.
- Conduct an investigation: Determining liability, or fault, is not always easy after an accident. An attorney will conduct a full investigation using their network of resources, including expert witnesses and accident reconstruction experts, to determine liability so you can hold the appropriate party liable.
- Collect evidence: During their investigation, an attorney will collect evidence that is important to your case and that will prove your claim.
- Explain the law as it applies to your case: All personal injury claims, including those involving brain injuries, are governed by certain laws. A brain injury attorney will explain these laws and how they will impact your claim.
- Enter into negotiations: It is extremely difficult to negotiate with insurance companies, particularly when you are trying to recover from a serious injury. An attorney will enter into these negotiations on your behalf.
- Litigate your claim: When insurance companies and at-fault parties refuse to offer a fair settlement, an attorney will take your case to court and litigate it in court.
When working on your case, an attorney will also answer all of your questions and keep you regularly updated on the status of your case.
Causes of Brain Injuries
Brain injuries are caused by a number of accidents. Slip and fall accidents are the leading cause of brain injuries, followed closely by auto accidents. Construction accidents, medical malpractice, and dog attacks are all also common causes of brain injuries. All of these accidents are often caused by the negligence of another person. When that is the case, they can be held liable for paying damages or losses that result from the accident.
Symptoms of a Brain Injury
A brain injury may show symptoms right away, but sometimes, they do not present any symptoms at all. The most common symptoms of a brain injury are as follows:
- Persistent headaches
- Loss of consciousness
- Seizures and convulsions
- Memory and concentration issues
- Lack of coordination
- Behavioral changes
Due to the fact that brain injuries do not always show symptoms right away, it is always crucial that you seek medical treatment after any accident. This is an important step even if you do not think you are injured and are not feeling any pain. A doctor will be able to complete a thorough examination to determine if you suffered a brain injury and start treatment as soon as possible.
Also, if you do not seek medical treatment and you learn in the future that you did suffer an injury, there is a good chance the insurance company will dispute your claim. They will argue that you were not injured because you did not seek help, which could hurt your case.
Statute of Limitations in Brain Injury Cases
All personal injury cases in the Bronx are governed by a statute of limitations. The statute of limitations is the time limit you have to file your claim, which varies depending on the type of accident that caused your injury. Most brain injury cases in the Bronx have a statute of limitations of three years from the date of the accident. However, if your brain injury was caused by medical malpractice, you have only two years and six months from the date of your accident to file a claim.
The statute of limitations is of critical importance when filing a claim. If the time limit to file your claim expires, you will likely lose any right to recover the damages you need.
Get Legal Help Today
If you or someone you love has suffered a brain injury due to someone else’s negligence, our Bronx brain injury attorneys are here to help with your claim. At Silberstein, Awad & Miklos, P.C., our skilled attorneys will determine who was liable for your accident and hold them accountable for paying the full settlement you deserve. Contact us today to schedule a free consultation.