New York City Traumatic Brain Injury Lawyers

Key Takeaways

• Traumatic brain injuries can have lifelong consequences.
• Legal representation is crucial for obtaining fair compensation.
• The Orlow Firm specializes in TBI cases in New York City.

How The Orlow Firm Can Help Maximize Your Case

Navigating the complexities of a traumatic brain injury (TBI) claim requires skill, experience, and a deep understanding of both legal and medical issues. At The Orlow Firm, our New York City Traumatic Brain Injury Lawyers are adept at handling these multifaceted cases. We begin by conducting an exhaustive investigation to uncover all the facts surrounding your injury. This often involves interviewing witnesses, analyzing medical records, and working closely with medical experts to establish the severity and long-term implications of your TBI.

Our attorneys are also well-versed in the art of negotiation. Insurance companies are notorious for offering lowball settlements to victims, especially those without strong legal representation. We’re committed to ensuring that you’re not taken advantage of in your vulnerable state. If a fair settlement cannot be achieved through negotiations, we’re fully prepared to take your case to trial, leveraging our extensive courtroom experience to fight for the compensation you deserve.

What sets us apart is our client-centered approach. We know that every TBI case is unique, and we tailor our legal strategies accordingly, always aiming to maximize your compensation for medical bills, lost wages, pain and suffering, and other damages. With The Orlow Firm, you’re not just another case number; you’re a valued individual deserving of justice and maximum compensation.

Common Types of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can vary in severity and type, each presenting its own set of challenges and medical complexities. Understanding the different types of TBIs can be crucial for your case and treatment. Here are some of the common types of traumatic brain injuries:

Concussion

The most common and usually the least severe type of TBI. Concussions occur due to a sudden blow or jolt to the head and can result in temporary cognitive impairment.

Contusion

This is essentially a bruise on the brain tissue caused by direct impact to the head. Contusions may require surgical removal if they are large.

Diffuse Axonal Injury (DAI)

Often resulting from car accidents or severe shaking, DAI involves tearing of the brain tissue. This injury can disrupt brain function and lead to permanent damage or death.

Coup-Contrecoup Injury

This occurs when the brain hits the skull on one side and then rebounds, causing injury on the opposite side. This type of injury is often seen in vehicle collisions.

Penetrating Injury

Caused by an object that enters the skull and damages specific brain regions. These injuries are usually severe and can lead to significant functional impairments.

Anoxic Brain Injury

Although not always caused by trauma, an anoxic injury occurs when the brain is deprived of oxygen. This can lead to severe cognitive and physical deficits.

Understanding the type of traumatic brain injury you or your loved one has suffered is a crucial step in obtaining the appropriate medical treatment and legal representation. At The Orlow Firm, our New York City Traumatic Brain Injury Lawyers have extensive experience in handling all types of TBIs, and we can help guide you through the legal processes to secure the compensation you deserve for your specific type of injury.

Common Causes of Traumatic Brain Injuries

Traumatic Brain Injuries (TBIs) can happen in a variety of settings and are often the result of different types of accidents or incidents. Being aware of the common causes can help in understanding the complexities of these injuries and can also be essential for establishing liability in a legal case. Below are some frequent causes:

Motor Vehicle Accidents

Car, motorcycle, and truck accidents are one of the leading causes of TBIs. High-impact collisions can cause severe brain injuries, including concussions and contusions.

Falls

Slips and falls, especially in older adults and children, are a significant source of TBIs. Falls can occur anywhere—from homes and workplaces to public spaces like malls or parks.

Sports and Recreational Activities

Contact sports such as football, soccer, and hockey, as well as activities like skiing or cycling, pose a higher risk for concussions and other brain injuries.

Workplace Injuries

Industrial and construction sites are common settings for TBIs due to the presence of heavy machinery, falling objects, and potential for falls from heights.

Assaults and Violence

Physical assaults, including domestic violence and gunshot wounds, can lead to penetrating injuries and other types of TBIs.

Medical Malpractice

Errors during surgery, improper treatment, or failure to diagnose can result in brain injuries.

Military Actions

Exposure to blasts, gunshots, and combat injuries are common causes of TBIs in military settings.

By understanding the common causes of traumatic brain injuries, you can better navigate the legal landscape surrounding these complex cases. At The Orlow Firm, our New York City Traumatic Brain Injury Lawyers have the expertise to handle a wide range of TBI cases stemming from various causes, helping you establish liability and secure the compensation you deserve.

Warning Signs Of Traumatic Brain Injuries:

Recognizing the warning signs of a brain injury is crucial for timely medical intervention, which can significantly impact the outcome. Brain injuries can manifest in various ways, some subtle and some more obvious. If you or someone you know has recently been involved in an accident or experienced a significant blow to the head, be vigilant for the following indicators:

Physical Symptoms

1. Loss of Consciousness: Even if brief, it’s a critical indicator.
2. Persistent Headache: A headache that doesn’t go away or intensifies needs immediate attention.
3. Nausea and Vomiting: Particularly if occurring after a forceful impact to the head.
4. Dizziness or Loss of Balance: Feeling unsteady can be a sign of a brain injury.
5. Blurred Vision or Ringing in the Ears: These could indicate damage to particular areas of the brain.

Cognitive Impairments

1. Confusion: Trouble with orientation, like not knowing where you are or what day it is.
2. Memory Loss: Especially forgetting events leading up to or immediately following the accident.
3. Difficulty Concentrating: Struggling to focus on tasks or follow conversations.

Emotional Changes

1. Mood Swings: Rapid and unexplained changes in mood.
2. Irritability: Increased agitation or frustration.
3. Depression or Anxiety: New onset or worsening of pre-existing conditions.

Sensory Disturbances

1. Sensitivity to Light or Sound: Finding regular light or noise painfully intense.
2. Taste or Smell Disorders: Experiencing a metallic taste or persistent bad smell.
3. Numbness: Particularly in the limbs or face.

If you experience any of these symptoms following an accident, seek medical attention immediately. Once your condition is stabilized, consult The Orlow Firm’s New York City Traumatic Brain Injury Lawyers to understand your legal options for seeking compensation for your injuries.

What Are The Consequences Of TBI?

The consequences of a serious brain injury can be life-altering, affecting not just the injured individual but also their loved ones. Such injuries often result in significant physical, emotional, and financial hardships. Here are some of the key repercussions:

Physical and Medical Consequences

1. Long-Term Medical Care: Treatment could range from surgeries and medications to long-term rehabilitation.
2. Loss of Motor Skills: Impairment in the ability to perform daily activities.
3. Chronic Pain: Sufferers often experience persistent headaches and bodily pain.
4. Sensory Loss: Impairment of sight, smell, and hearing can occur.

Cognitive Impairments

1. Memory Loss: Short-term and long-term memory can be severely affected.
2. Difficulty in Concentration: Challenges with focus and task management.
3. Language Barriers: Difficulty in communication skills including speech and comprehension.

Emotional and Psychological Effects

1. Depression and Anxiety: Emotional trauma and the burden of dealing with the aftermath.
2. Personality Changes: Changes in mood and behavior, sometimes drastically altering a person’s personality.
3. Social Isolation: Difficulty in social interactions can lead to increased isolation.

Financial and Occupational Consequences

1. Loss of Employment: Ability to work can be severely affected, leading to job loss.
2. Financial Strain: Medical expenses and loss of income can create a financial crisis for families.
3. Decreased Quality of Life: The financial toll can reduce the ability to enjoy life’s pleasures.

Legal Implications

1. Compensation Claims: A complex legal battle can ensue to claim rightful compensation.
2. Liability Issues: Determining who is legally responsible can be complicated and contentious.

If you or a loved one has suffered from a severe brain injury due to someone else’s negligence, The Orlow Firm’s New York City Traumatic Brain Injury Lawyers can help you navigate through the complex legal landscape to secure the compensation you deserve, covering medical bills, loss of income, and other damages.

Who Can Be Legally Liable for TBI In New York?

Determining legal liability in traumatic brain injury (TBI) cases can be a complex task, given the varied circumstances under which these injuries can occur. In New York City, several parties could potentially be held responsible depending on the context of the injury.

1. Motor Vehicle Drivers: In the case of car, motorcycle, or truck accidents, the driver who caused the accident can be held liable for your TBI. This includes cases of drunk driving, distracted driving, or reckless driving.
2. Property Owners: Owners of properties where slip and fall accidents occur can be held accountable if it can be proven that the accident was due to their negligence in maintaining a safe environment.
3. Employers: For TBIs that occur in a workplace setting, the employer could be liable if the injury resulted from inadequate safety measures, poor training, or failure to comply with occupational safety standards.
4. Medical Practitioners: Surgeons, doctors, or nurses can be held liable if the TBI was the result of medical malpractice, such as surgical errors or failure to diagnose a condition that led to a brain injury.
5. Perpetrators of Violence: In cases where the TBI is the result of an assault or other violent acts, the individual who committed the violence can be held criminally and civilly liable.

At The Orlow Firm, our expert New York City Traumatic Brain Injury Lawyers have the experience and skills to meticulously investigate your case, identify all potential liable parties, and build a strong case to ensure you get the maximum compensation you deserve. Determining liability is a crucial step in your path to justice and recovery.

What Can TBI Victims Be Compensated For In New York?

In New York, victims of traumatic brain injuries (TBIs) are entitled to seek compensation for a range of economic and non-economic damages. Each case is unique, and the exact amount of compensation may vary based on various factors including the severity of the injury, the circumstances of the accident, and long-term repercussions. Here’s what you can generally be compensated for:

Economic Damages

1. Medical Expenses: This includes not only immediate medical bills but also future medical costs like surgeries, rehabilitation, and ongoing care.
2. Lost Wages: If your TBI has forced you to take time off work, or has impacted your ability to earn income in the future, you can seek compensation for lost wages.
3. Property Damage: If your TBI was the result of a motor vehicle accident or some other incident that damaged your property, you can be compensated for repairs or replacement.

Non-Economic Damages

1. Pain and Suffering: This includes physical pain as well as emotional and psychological trauma, such as depression, anxiety, and other mental health disorders associated with your TBI.
2. Loss of Enjoyment of Life: If your TBI affects your ability to enjoy daily activities or hobbies that you once took pleasure in, you can seek compensation for the loss of enjoyment of life.
3. Loss of Consortium: Spouses or partners may be entitled to compensation if your TBI has adversely affected your relationship or family life.
4. Punitive Damages: In cases where the responsible party’s actions were particularly egregious or malicious, you might be awarded punitive damages as a form of punishment to the defendant.

Knowing what you are eligible for is critical for securing maximum compensation. At The Orlow Firm, our New York City Traumatic Brain Injury Lawyers are adept at evaluating the full scope of damages in TBI cases, ensuring that no aspect of your suffering goes uncompensated.

TBI: Prevention Methods

Preventing traumatic brain injuries (TBIs) is a collective responsibility that involves individual caution, community awareness, and systemic safety measures. While it may not be possible to eliminate the risk entirely, there are several preventive methods that can significantly reduce the chances of sustaining a TBI. Here’s how you can be proactive:

Individual Precautions

1. Wear Helmets: Always wear a helmet while riding bicycles, motorcycles, or engaging in sports like football or skateboarding. Ensure the helmet meets safety standards and is in good condition.
2. Seatbelts: Always wear seat belts while driving or riding in a vehicle to reduce the impact of a collision on your head and body.
3. Non-Slip Mats: Use anti-slip mats in your bathroom and other wet areas to minimize the risk of slips and falls.

Community and Workplace Safety

1. Safety Gear: In industrial and construction zones, always use appropriate safety gear, including hard hats.
2. Safe Playgrounds: Advocate for soft landing surfaces on playgrounds, such as rubber mats or wood chips, to minimize the risk of head injuries in children.
3. Public Awareness: Participate in or organize community programs that educate people on the risks of TBI and the importance of prevention.

Regulatory Measures

1. Road Safety: Adhere to speed limits and road rules. Local governments should implement effective traffic management systems to reduce accidents.
2. Medical Checks: Regular medical check-ups can identify potential problems that could lead to falls, especially for older adults.
3. Building Codes: Ensure that your residence or workplace adheres to local and national building codes, which often include safety measures to prevent falls and other injuries.

By adhering to these preventive methods, you can significantly reduce the risk of sustaining a TBI. However, accidents can still happen due to the negligence of others. If you or a loved one has suffered a TBI, The Orlow Firm’s New York City Traumatic Brain Injury Lawyers are here to help you navigate the complexities of the law and get you the compensation you deserve.

Frequently Asked Questions

1. How much time do I have to file a lawsuit?

   • In New York, the statute of limitations for filing a personal injury lawsuit, including traumatic brain injuries, is generally three years from the date of the injury. Missing this deadline could result in the forfeiture of your right to seek compensation. Consulting with The Orlow Firm’s New York City Traumatic Brain Injury Lawyers as soon as possible can help ensure that you take all the necessary legal steps within the required time frame.

      
2. How much will legal representation cost?

   • At The Orlow Firm, we typically work on a contingency fee basis for traumatic brain injury cases, meaning you pay no upfront fees. Our payment is a percentage of the compensation we successfully secure for you, so if we don’t win your case, you owe us nothing. This allows you to get high-quality legal representation without worrying about immediate out-of-pocket expenses.

      
3. Will my case go to trial?

   • While many traumatic brain injury cases are settled out of court, there’s always the possibility that your case may go to trial if a satisfactory settlement cannot be reached. The decision to proceed to trial depends on various factors, such as the willingness of the opposing party to negotiate and the strength of your case. At The Orlow Firm, our New York City Traumatic Brain Injury Lawyers are well-equipped to represent you effectively in both settlement negotiations and in court to ensure you get the justice and compensation you deserve.

      
4. How long will it take to resolve my case?

   • The duration to resolve a traumatic brain injury case in New York City can vary widely depending on the complexity of the case, the parties involved, and whether it goes to trial. While some cases may be settled within a few months, others, especially those that proceed to trial, can take a year or more to reach a resolution. At The Orlow Firm, we strive to expedite the process as much as possible while ensuring we maximize the compensation you are entitled to.

      
5. Can I file a claim on behalf of a loved one?

   • Yes, you can file a claim on behalf of a loved one who has suffered a traumatic brain injury, especially if they are unable to do so themselves due to the severity of their condition. Legal guardians, spouses, or close family members often have standing to pursue compensation for medical expenses, pain and suffering, and other damages. Consult The Orlow Firm’s New York City Traumatic Brain Injury Lawyers to understand the specific legal requirements and procedures for filing such a claim.

      

Why Choose The Orlow Firm

Choosing the right legal representation can make all the difference in your recovery journey. The Orlow Firm stands out for its dedication, expertise, and client-centered approach. Our New York City Traumatic Brain Injury Lawyers are fully committed to serving your best interests and helping you secure the resources you need for optimal recovery.

If you or a loved one has experienced a traumatic brain injury in New York City, don’t hesitate to contact The Orlow Firm. Time is of the essence, and our expert team is here to provide the support and legal guidance you need. Call us today for a free consultation and take the first step toward a brighter future.