Content reviewed by:
Alex Shulman
A traumatic brain injury can lead to memory problems, chronic headaches, difficulty concentrating, and even personality changes. If you suffered this type of injury due to someone else’s negligence, a Clarkstown personal injury lawyer can help you seek damages.
Severe brain injuries often require months or even years of treatment and rehabilitation. If you sustained one in an accident that wasn’t your fault, a brain injury lawyer in Clarkstown from Shulman & Hill Injury Lawyers can help you secure a fair settlement.
How a Clarkstown Brain Injury Lawyer Can Help
Insurance companies frequently dispute the severity of brain injuries, especially when diagnostic imaging appears normal.
A Clarkstown brain injury lawyer can help by:
- Collecting evidence: We can gather medical records, expert testimony, witness statements, and other evidence to establish how the injury occurred and who is responsible.
- Calculating your damages: We can evaluate both your current and future financial losses and calculate the value of your claim.
- Negotiating with insurance companies: We can handle communications with insurers and pursue a fair settlement on your behalf.
- Representing you in court: If negotiations are unsuccessful, we can file a lawsuit and advocate for you in court.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when an external force disrupts the normal functioning of the brain. This may happen because of a direct impact to the head, violent shaking, or an object penetrating the skull.
Brain injuries vary in severity. Some individuals recover within weeks, while others experience lifelong disabilities that affect their ability to work, communicate, or care for themselves.
Common Causes of Brain Injuries
Brain injuries can occur in virtually any situation involving a sudden impact or violent movement. Some of the most common causes of these injuries are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Falls from ladders or elevated surfaces
- Construction accidents
- Workplace accidents
- Sports and recreational incidents
- Physical assaults
- Nursing home abuse
What Are the Symptoms of a Brain Injury?
Brain injuries affect every person differently. Symptoms may appear immediately after an accident or develop gradually over time.
Common symptoms include:
- Persistent headaches
- Dizziness
- Nausea or vomiting
- Blurred vision
- Sensitivity to light or noise
- Memory loss
- Difficulty concentrating
- Confusion
- Fatigue
- Mood swings
- Depression
- Anxiety
- Irritability
- Sleep disturbances
- Balance problems
- Speech difficulties
- Seizures
- Loss of consciousness
What Types of Compensation Can You Recover?
If your brain injury claim is successful, you may be able to recover compensation for:
- Medical expenses: You can seek compensation for emergency treatment, hospital stays, surgeries, medications, rehabilitation, therapy, and future medical care.
- Lost wages: You can recover income you would’ve earned while receiving medical treatment or recovering from your injuries.
- Loss of future earning capacity: You can be compensated if your injury limits your ability to earn income in the future.
- Pain and suffering: You can pursue damages for the physical pain and emotional distress caused by your injury.
- Mental anguish: You can recover compensation for anxiety, depression, and other psychological effects of the injury.
- Loss of enjoyment of life: You can seek additional damages if your injury prevents you from participating in hobbies, activities, or family life as you once did.
- Loss of consortium: Certain family members may be entitled to compensation for the impact the injury has had on their relationship with you.
- Home and vehicle modifications: You may recover the costs of making your home or vehicle accessible if your injury results in permanent disability.
- Long-term care expenses: You can pursue compensation for in-home nursing care, assisted living, or other ongoing support services.
- Punitive damages: In cases involving especially reckless or intentional misconduct from the other party, you may be awarded punitive damages meant to punish the wrongdoer and discourage similar behavior.
How Do You Prove a Brain Injury Claim?
Successfully recovering compensation requires more than showing that you suffered a brain injury. You must also establish that another party’s negligence caused that injury.
Evidence that may strengthen your case includes:
- Medical records
- CT scans and MRI results
- Neurological evaluations
- Neuropsychological testing
- Emergency room records
- Accident reports
- Photographs of the accident scene
- Witness statements
- Surveillance or dash camera footage
- Expert medical testimony
- Employment records documenting lost income
- Personal journals describing your daily symptoms
What Is the Statute of Limitations for Brain Injury Claims in New York?
In most cases, personal injury lawsuits in New York must be filed within three years from the date of the accident. However, if your claim involves medical malpractice, the delayed discovery of injuries, or injured minors, it may be subject to a different deadline.
Missing the applicable deadline can prevent you from recovering compensation, which is why you should work with a brain injury attorney in Clarkstown.
Get Help from a Brain Injury Attorney in Clarkstown
The medical bills that follow a brain injury can place tremendous stress on victims and their families. If you sustained a brain injury that wasn’t your fault, a Clarkstown brain injury attorney from Shulman & Hill can help you build a strong claim and secure a fair settlement.
Book a free case review to take the first step toward justice.