Brain Injuries

Manhattan Brain Injury Lawyers

Get Legal Support Through the Claim or Lawsuit Process

Brain injuries refer to harm to the brain that impairs normal functioning. This damage is frequently the result of head trauma, including impacts to the head or abrupt movements that lead to the brain shifting inside the skull. Brain injuries can also happen through penetration, where an object breaks through the skull and enters the brain tissue. The severity of these injuries varies, from mild to severe, and they have various symptoms and outcomes depending on the extent of the damage.

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

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 the exorbitant medical costs, lost wages, and even account for pain and suffering.

Brain injury cases are often complex due to the intricacies of 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 Manhattan brain injury attorneys proficient in these cases. Our firm provides much-needed support during a trying time.

Please contact us at (646) 846-4776 to discuss your case with a brain injury lawyer near you.

Types of Brain Injuries

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

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 incidents that could lead to a brain injury:

  • 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.

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.

At Loscalzo & Loscalzo, P.C., our Manhattan brain injury lawyers can thoroughly review your case, 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.

Contact us at (646) 846-4776 for a free consultation with a brain injury attorney near you.

Brain Injury 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.

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 or compensation claims.

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.

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.

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 an attorney can help determine the viability of your case.

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 case.

Is there a time limit for filing a brain injury lawsuit 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.

What role does insurance play in brain injury cases?

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.

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.


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