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Loscalzo & Loscalzo, P.C. Brain Injuries

Manhattan Brain Injury Lawyers

Legal Support for Brain Injury Claims in Manhattan

Brain injuries refer to harm to the brain that impairs normal functioning. This damage often results from head trauma, including impacts to the head or sudden movements that cause the brain to shift inside the skull. Brain injuries can also occur when an object penetrates the skull and enters the brain tissue. The severity of these injuries varies, from mild to severe, with symptoms and outcomes depending on the extent of the damage.

The implications of brain injuries go beyond immediate medical concerns. They can significantly affect an individual's quality of life by limiting their ability to perform tasks they could manage before the injury. Physical activities, social interactions, and basic tasks like reading or concentrating can become difficult. Moreover, treating brain injuries is costly, involving various medical procedures, from imaging tests to possible surgeries and long-term rehabilitation.

Pursuing Compensation for Brain Injuries

In personal injury law, the injured party can pursue compensation if someone else's negligence caused the injury—be it a distracted driver, a negligent employer, or an irresponsible property owner. This can help offset exorbitant medical costs, lost wages, and even account for pain and suffering. Compensation often also considers future rehabilitation needs and necessary lifestyle adjustments, which are pivotal for recovery and maintaining a decent quality of life.

Brain injury claims often present complexities due to proving negligence and estimating rightful compensation. That's where a seasoned legal professional comes into play. Loscalzo & Loscalzo, P.C. has an experienced team of brain injury attorneys in Manhattan proficient in these claims. Our firm provides much-needed support during a trying time. We work closely with medical professionals to build a strong claim that accurately reflects the personal and financial impact on our clients.

Please contact us at (646) 846-4776 to discuss your circumstances with a brain injury lawyer in Manhattan.

Types of Brain Injury Claims in Manhattan

Brain injuries primarily fall under two categories based on the manner of the injury.

  1. Closed brain injury: This is a non-penetrating injury where the skull remains intact. Rapid movement, such as that experienced in a car accident, can cause the brain to shake inside the skull. This can result in bruising or tearing of brain tissue and blood vessels.
  2. Penetrating brain injury: In these cases, the skull breaks, and the brain is penetrated. They are typically caused by an object piercing the head and going through the skull, like a bullet.

Common Causes of Brain Injuries in Manhattan

Brain injuries can happen in various settings and situations and are often unexpected. Awareness of common causes can help individuals take precautionary measures and also shed light on when someone else might be legally responsible for an injury

Below are some of the types of claims our brain injury attorneys in Manhattan take on:

  • Auto accidents: In a car crash, the sudden impact or rapid deceleration can cause the brain to move violently within the skull, leading to injury. Passengers and drivers alike are at risk; in such cases, the responsibility often falls on the person who caused the accident.
  • Slips and falls: A simple slip and fall can result in a serious brain injury, especially if the individual lands on a hard surface. These incidents frequently happen due to wet floors, uneven surfaces, or poor lighting. Property owners may be held accountable if it's proven that they didn't take adequate measures to prevent such accidents.
  • Workplace accidents: In some job settings, particularly those involving heavy machinery or construction, the risk of brain injury is elevated. Falling objects, trips, or mechanical malfunctions can lead to head trauma. Employers are usually obligated to provide a safe work environment, and their failure could make them liable for injuries.
  • Assaults: Physical attacks are another cause of brain injuries. Whether it's a hit with a blunt object or a fall resulting from a push, the intentional actions of another person can result in severe damage. In these cases, the assailant could be held legally accountable for the injury.
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Legal Remedies for Victims of Brain Injuries

Legal pathways are available to seek justice if you or someone you know has suffered a brain injury due to someone else's negligence. A personal injury claim allows you to hold the at-fault party accountable. You may be entitled to compensation for medical care costs, lost wages, and pain and suffering, among other damages. Furthermore, claims can address costs related to future care and any permanent lifestyle changes necessitated by the injury.

At Loscalzo & Loscalzo, P.C.., our Manhattan brain injury lawyers can thoroughly review your claim, scrutinize medical records, and gather all relevant information. We’re skilled at filing claims and working diligently toward recovering compensation through an insurance settlement or court verdict. Our approach includes a meticulous assessment of accident details and a clear presentation of the injury's impact, enabling more favorable compensation negotiations.

The Importance of an Early Legal Consultation for Brain Injury Claims

Consulting with a legal professional soon after a brain injury can significantly enhance the outcome of your claim. Early consultation allows for the preservation of crucial evidence, the timely gathering of witness statements, and a comprehensive evaluation of the claim's strengths and weaknesses. Additionally, a skilled brain injury attorney can guide you through interactions with insurance companies, ensuring that your rights are protected throughout the process.

In the complex landscape of brain injury claims, having an informed advocate can help you navigate legal intricacies and increase the chances of a favorable result. Early legal advice provides clarity on potential strategies and aids in setting realistic expectations regarding the legal journey ahead.

Contact us at (646) 846-4776 for a free consultation with a brain injury lawyer in Manhattan.

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Brain Injury Attorney FAQ

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) is a disruption in normal brain function caused by a blow, jolt, or penetrating injury to the head. TBIs can range from mild concussions to severe injuries with long-term consequences. These injuries often result in dramatic changes to physical abilities and cognitive function, underscoring the importance of immediate medical evaluation and ongoing care.

What Are the Common Causes of Brain Injuries in New York?

Common causes of brain injuries include car accidents, falls, sports-related incidents, workplace accidents, and assaults. Understanding the specific circumstances of the injury is crucial in pursuing legal action or compensation claims. New York's dense urban environment often contributes to these incidents, making awareness and preventive measures even more vital.

What Are the Symptoms of a Brain Injury?

Symptoms vary but can include headaches, dizziness, memory loss, difficulty concentrating, mood swings, and changes in sleep patterns. It's essential to seek medical attention if any symptoms arise. Overlooking such signs can lead to worsening conditions, where early intervention can prevent long-term impairment.

How Are Brain Injuries Diagnosed?

Diagnosis often involves a combination of medical history, physical examinations, and imaging tests such as CT scans or MRIs to assess the extent of brain damage. Thorough evaluations provide a basis for developing effective treatment plans tailored to the injury's severity and the patient's unique needs.

Can I File a Lawsuit for a Brain Injury in New York?

If the brain injury resulted from someone else's negligence, you may be eligible to file a personal injury lawsuit. Consulting with a brain injury attorney Manhattan residents trust can help determine the viability of your claim. Legal proceedings often involve demonstrating negligence clearly while establishing the full extent of damages suffered.

What Damages Can Be Sought in a Brain Injury Lawsuit?

Damages may include medical expenses, rehabilitation costs, lost wages, future earning capacity, pain and suffering, and other related costs. The specific damages depend on the circumstances of the claim. Calculating these damages accurately is crucial for ensuring just compensation that supports recovery and future needs.

Is There a Time Limit for Filing a Brain Injury Claim in New York?

Yes, New York has a statute of limitations for personal injury cases, including brain injuries. Generally, you have three years from the date of the injury to file a lawsuit. Understanding these time constraints is vital to preserving your legal rights and opportunities for redress.

What Role Does Insurance Play in Brain Injury Claims?

Insurance coverage, whether from the at-fault party or your own policy, often plays a significant role in providing compensation for brain injuries. Your attorney will negotiate with insurers to secure fair compensation. Promptly notifying your insurance company and following their procedures can facilitate smoother claims processing.

How Long Does It Take to Settle a Brain Injury Case in New York?

The timeline varies based on factors such as the complexity of the case, negotiations, and potential court proceedings. Brain injury cases often take time due to the need for thorough medical assessments and long-term impact evaluations.

Can I Pursue Compensation for a Brain Injury at Work?

Yes, if the brain injury occurred at the workplace, you may be eligible for workers' compensation benefits. Additionally, if a third party contributed to the injury, you may have the right to pursue a personal injury claim. Ensuring all potential legal avenues are explored maximizes your chances of receiving adequate compensation.

How Does New York's No-Fault Auto Insurance Affect Brain Injury Claims?

New York operates under a no-fault auto insurance system, meaning that after a car accident, an injured party typically seeks compensation from their insurance company, regardless of who caused the accident. However, for severe injuries, like many brain injuries, you may step outside the no-fault system to file a claim against the at-fault driver if specific criteria are met. This process involves demonstrating that the injury is severe under New York law, which often necessitates legal guidance.

What Is the Impact of Brain Injuries on Daily Life?

Brain injuries can profoundly affect daily life, altering the victim's physical abilities, cognitive function, and emotional well-being. Common impacts include difficulties with memory, attention, and problem-solving, as well as changes in mood and behavior. These challenges often require adjustments in personal and professional settings, along with long-term rehabilitation strategies to manage the effects and regain as much normalcy as possible.

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