Manhattan Brain Injury Lawyer

Our brains are the center of what makes us who we are. So, any damage it sustains can alter our personality and consciousness—potentially making us unrecognizable. Unfortunately, anyone is susceptible to brain injuries in a car crash, slip and fall, or another kind of accident. If you or a loved one suffered a brain injury because of another person’s negligence, a Manhattan brain injury lawyer at Shulman & Hill can help you.

When you hire our firm, we work to get to the bottom of who and what caused your brain injury. From there, we go after the negligent party and demand compensation for your damages. While our Manhattan personal injury lawyers go to bat for you, you can focus on your most important job—getting better so you can get your life back.

Learn more about our services by calling today for a free, no-obligation consultation. The team at Shulman & Hill is ready to fight for you.

Brain Injuries Statistics in New York and Throughout the United States

According to the New York State Department of Health, there are nearly 400 incidents of traumatic brain injuries every day in our state. Tragically, about 2,000 New Yorkers lose their lives, 19,000 are hospitalized, and 112,000 visit the emergency room every year due to brain injuries.

Young children and older adults have the highest risk of sustaining a brain injury. What’s more, males are twice as likely as females to get this injury.

Brain injuries are also a problem on a nationwide scale. According to the Centers for Disease and Prevention (CDC), an estimated 64,000 people died due to complications related to their traumatic brain injury in 2020 alone—that’s about 176 every day. Falls make up about half of the hospitalizations related to this injury. Assaults and motor vehicle accidents are other common ways that people sustain a TBI, both in New York and across the United States.

What Is a Traumatic Brain Injury?

Mayo Clinic defines a traumatic brain injury as damage that “results from a violent blow or jolt to the head or body.” It usually takes one of two forms:

• Closed: The injury doesn’t break the skull. However, the brain might get bruised or torn after jolting against the skull. Usually, people suffer a closed brain injury in a traffic collision or fall.

• Penetrated: This brain injury occurs when something breaks through the skull. Gunshots are typically the source of a penetrated injury.

The effects of the brain injury may show up right away or take a few days to appear. If you think you hit your head in an accident, get medical attention quickly. The injury could get worse if you wait any longer for a doctor to examine and treat you.

Common Symptoms of Brain Injuries

Your brain injury symptoms will depend on how severe the injury is. If you have a milder TBI, you may notice signs of:

• Dizziness
• Fatigue
• Headache
• Vomiting or nausea
• Difficulties with speech
• Light or sound sensitivity
• Problems with concentration or memory
• Feelings of anxiety or depression
• Changes in mood
• Changes in senses
• Changes in sleeping pattern
• Confusion

Those who have a moderate or severe brain injury experience the same symptoms as those with a mild brain injury—however, they may be more intense. Other signs of a more serious brain injury include:

• Convulsions and seizures
• Nonstop headaches
• Loss of coordination
• Slurred speech
• Clear fluids coming from the nose or ears
• One or both pupils are dilated
• Vertigo

People with moderate to severe brain injuries may enter into altered states of consciousness, like a coma, vegetative state, minimally conscious state, or brain death.

Treatment for Brain Injuries

When you first see a doctor for your brain injury, they may ask a series of questions to understand how the injury occurred and how serious it might be, such as:

• Did you lose consciousness during or after the accident? If so, how long were you unconscious?
• Did you have a hard time speaking, balancing, or staying alert?
• What part of your head sustained impact?
• How was the rest of the body affected on impact? Did you suffer any other injuries?

From there, the doctor may run a series of imaging tests (like a CT scan or MRI) and use the results to decide how to proceed with your treatment. If you have a mild injury, they may just instruct you to rest, take over-the-counter medicine, and come back for a follow-up visit. However, if they diagnose you with a moderate to severe injury, you could face a long recovery consisting of:

• Medication (e.g., anti-seizure drugs or diuretics)
• Surgery to heal fractures in the skull or stop bleeding in the brain
• Rehabilitation (e.g., physical, occupational, or speech and language therapy)

On top of the physical hardships, having a TBI can take an emotional toll on you. You may want to consider joining a support group. It helps to know that you’re not alone and learn ways to cope from others dealing with the same injury.

How Our Brain Injury Attorneys in Manhattan, NY Can Help During Your Recovery

If you sustained your brain injury in an accident, you have a right to hold the at-fault party accountable. However, the idea of doing this while you’re dealing with the effects of the injury and going through rehab can make taking legal action seem impossible. Luckily, the Manhattan brain injury attorneys at our firm have handled many cases like yours before and can represent you throughout legal proceedings by:

• Consulting your doctors and compiling your medical records
• Collecting evidence about the accident that caused your injury and how it’s affected you
• Identifying the liable party
• Managing all communication throughout your case
• Fighting for fair compensation during settlement negotiations
• Representing your case at trial if we cannot reach a fair settlement agreement
• Keeping you up to date as your case progresses

At Shulman & Hill, we fight for the awards our clients need to rebuild their lives after serious accidents caused by someone else’s negligence. We have a successful track record, including positive case outcomes for clients who suffered head and brain injuries.

We cannot promise a specific result for your case. However, we will use a personalized approach unique to your situation—combined with our skills and experience—to help you recover the highest possible compensation.

Types of Compensation You Could Pursue in a Manhattan Brain Injury Case

Recovering compensation in a Manhattan brain injury case can help you get back on your feet financially and otherwise. When an attorney evaluates your case, they may conclude that you are entitled to collect compensation for:

• Current and future medical care expenses
• Lost income and benefits
• Future loss of earning capacity
• Property damage costs
• Pain and suffering
• Mental and emotional anguish
• Scarring and disfigurement

If your loved one passes away due to TBI-related complications, you and your family may be able to receive wrongful death compensation. This could help cover funeral bills, medical expenses, loss of household services, loss of financial support and inheritance, and more.

The Insurance Company May Not Offer a Fair Payout for Your Brain Injury Case

It’s not uncommon for the insurance company to dispute your brain injury claim for compensation. After all, they are a business and are looking out for their bottom line. For instance, an adjuster could say that you aren’t entitled to recover damages because:

• You didn’t seek medical attention soon enough, so the reason your injury has gotten so bad is because you waited too long.

• You experienced symptoms of a brain injury (e.g., problems with speech, difficulties with learning, etc.) before the accident, so your condition can be attributed to that.

• You don’t have any injuries other than the TBI, such as whiplash or broken bones.

• Your brain injury could have stemmed from something else.

You may think it’s difficult to prove these claims otherwise—we understand how it can seem that way. However, if our attorneys apply the negligence standard to your case, we can show that their policyholder is responsible for what happened, and therefore they owe you compensation. This negligence standard consists of:

• Duty of care: The other party owed you a legal duty to keep you safe and act with prudence. Examples include driving in accordance with traffic laws or keeping a premises clear of hazards.
• Breach of duty: The other party disregarded this duty of care via negligence. Using the same examples, a driver could have failed to stop at a red light or a property manager could have failed to clean up and warn patrons of a wet floor.
• Causation: This breach led the other party to hit you and cause a T-bone collision or a slip and fall—and ultimately, your traumatic brain injury.
• Damages: You have dealt with financial and non-financial consequences (e.g., medical costs, pain and suffering, lost income, reduced earning capacity, etc.) as a result of the accident and your brain injury.

You must prove that you have each of these elements in your case. Accident reports, medical testimony and records, photos, video footage, and eyewitness statements can help you meet each of these criteria.

The Statute of Limitations on New York Brain Injury Lawsuits

According to CPLR § 214, the state typically imposes a three-year time limit for personal injury lawsuits. If your loved one succumbed to their brain injury, the personal representative of their estate may have less time. Per EPT § 5.4-1, they generally have two years to file a wrongful death lawsuit.

If you don’t meet the deadline that applies to your case, you could lose your right to hold the at-fault party financially accountable for what happened to you. As a result, the financial responsibility may fall onto your shoulders. Contacting a lawyer from our firm about your case and speaking with our Manhattan brain injury attorneys sooner rather than later could prevent this outcome.

Our Brain Injury Lawyers in Manhattan, New York Work on Contingency

After reading about how a Manhattan brain injury lawyer from our team can assist you, you may still feel uneasy about retaining our services for representation—especially if you are already facing financial difficulties because of your injury. Don’t fret, as we operate under a contingency fee that reduces your financial risk.

At Shulman & Hill, our attorneys handle Manhattan brain injury cases on a contingency fee basis. That means we don’t take fees up front, out of pocket, or by the hour. Instead, we deduct our fees from the compensation we secure for you when we resolve your case. Our team only gets paid if you do, so you have nothing to lose by hiring us.

Get Help from Our Manhattan Brain Injury Lawyers Today

At Shulman & Hill, our brain injury attorneys in Manhattan, NY are dedicated to recovering the damages you or your loved ones need after a tragic accident. While we focus on securing your compensation, we want you to focus on getting better. Taking the reins of managing your own case could aggravate your condition, setting you back. When you choose to work with us, our lawyers are available to answer your questions and will keep you posted on your case.

Our team is ready to learn your or your loved one’s story, explain your legal options, and champion your fight for compensation. You can get started today with a free, no-obligation consultation. To learn more, contact Shulman & Hill now.