Fighting For The Compensation Traumatic Brain Injury Victims Deserve
A traumatic brain injury is one of the most serious and life-changing injuries you can receive after an accident. As your brain impacts your body’s mobility and mental functions, an injury can cause severe damage to your health and quality of life.
At Rutberg Breslow Personal Injury Law, our attorneys have over a century of combined experience helping clients throughout New York obtain compensation after their brain injuries. Whether the injury happened in a car accident or at a construction site, you can trust us to fight for the compensation you deserve. In Poughkeepsie and the surrounding areas, we have a reputation for getting clients the results they need to begin the healing process.
Types And Causes of Brain Injuries
From hitting your head against the steering wheel to heavy objects falling on you at a construction site, almost any accident can cause a traumatic brain injury. If you hit your head, even if you do not notice any symptoms, it is vital that you seek medical attention immediately.
Common accidents that cause TBIs include:
- Automobile accidents
- Workplace injuries
- Falling objects
Traumatic brain injuries (TBIs) can be mild, moderate or severe, depending on circumstances. A mild TBI often refers to a concussion, which may include symptoms such as headaches, fatigue, memory or speech issues, blurred vision, dizziness and difficulty sleeping. Moderate and severe TBIs can consist of loss of consciousness, persistent headaches, seizures, extreme confusion, loss of coordination, slurred speech and weakness or numbness in your extremities. A severe TBI is often a lifelong injury resulting in paralysis and permanent mental disability.
Impacts And Long-Term Consequences
Depending on the severity of your brain injury, you may face temporary or lifelong disabilities. Physically, you may face various challenges, including weakness, paralysis, headaches, seizures and dizziness. Cognitively, you may have difficulty focusing, difficulty with your short and long-term memory, slower reaction times and communication issues. Emotionally, you may see changes to your personality, including irritability, depression, mood swings and anxiety.
These symptoms can significantly impact your daily life, career and relationships. Depending on your job and symptoms, you may never be able to return to work. You also may require long-term rehabilitation, which can be expensive and take up much of your time.
Identifying Liability In Brain Injury Cases
Like any personal injury case, you must show someone else’s negligence or recklessness caused your injury. You prove this by establishing that the at-fault party who caused your injury owed you a duty of care and breached that duty.
For example, suppose you slip on an icy sidewalk or parking lot and hit your head. In that case, you can prove that the property owner owed you a duty of care to keep their property clear of hazards and breached that duty by failing to remove the ice. When you bring your case to court or mediation, we will utilize medical records and expert testimony to show how the breach of duty caused your traumatic brain injury.
The Legal Process For Brain Injury Claims
The legal process can be confusing and overwhelming, especially if this is your first time filing a claim. After you meet with us, we will gather medical evidence and relevant information about your accident.
After filing a claim, we will start negotiations with the other party or prepare to go to trial. Our team at Rutberg Breslow Personal Injury Law consists of experienced negotiators and litigators. You can trust us to provide excellent representation whether your case ends in the courtroom or is settled before it goes to trial.
Types Of Damages Recoverable In Brain Injury Cases
After a brain injury, you may obtain economic or noneconomic damages to compensate you for your monetary and other losses. Economic damages consist of monetary losses such as medical bills, rehabilitative costs, future medical costs and lost income. Noneconomic damages account for harms such as pain and suffering and emotional distress.
At Rutberg Breslow Personal Injury Law, our lawyers have experience calculating damages for long-term care and ongoing treatment and establishing cause for noneconomic damages.
Traumatic Brain Injuries And Insurance Companies
After a traumatic brain injury, you may receive calls from insurance companies attempting to quickly and cheaply settle your claim. Before accepting any settlement offers, you should speak with an attorney to determine your options.
At Rutberg Breslow Personal Injury Law, we understand the tactics that insurance companies use to try to limit your compensation to a low settlement. With us by your side, we won’t let them take advantage of you.
Litigating Brain Injury Cases In Court
Before going to trial, we take the time to build a solid case with appropriate evidence and expert witnesses to prove your claim. At brain injury trials, expert witnesses and medical professionals play a significant role in your case.
At your trial, we will prevent evidence and witnesses who will explain your injuries and how you received them. The opposing party will also have an opportunity to present their side and will try and contradict the evidence we present. The judge will then provide instructions to the jury and they will determine a verdict.
Settlement Vs. Trial: Making Informed Decisions
Accepting a settlement in your traumatic brain injury case may feel tempting. You want to move forward with your life and focus on healing. However, there are some factors you should consider before accepting any offer.
One drawback of accepting a settlement offer is that your compensation will likely be far below what you deserve. Insurance companies notoriously offer low settlements to quickly close out the claim. They also do not typically consider the long-term costs associated with your injury. With a brain injury, it can be challenging to determine what the true extent of your injuries are. Many symptoms do not appear right away, and settling too early can cause you to lose your chance at obtaining compensation for newer symptoms.
The benefits of accepting a settlement offer lie in how fast you receive your proceeds. Personal injury cases can take months to years and require much time and energy you may not want to waste.
Our Brain Injury Attorneys Will Advocate For Justice
At Rutberg Breslow Personal Injury Law, our attorneys provide brain injury victims with the personalized and tailored legal experience they need to succeed in their claims. We know how serious brain injuries can be and how much they can impact your life. When you work with us, you can rest assured that you have an attorney who will keep your best interests at heart.