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New York Brain Injury Lawyer

A traumatic brain injury (TBI) results from a violent blow or strike to the head, damaging tissues, nerves, and fibers. How serious this injury can be ranges from a minor concussion that requires a few days of rest to a severe brain injury that leaves the victim in altered states of consciousness. Seeking prompt medical care is paramount to keeping the injury from getting worse. After you’ve received treatment and reached a stable condition, it’s time to figure out who caused this harm.

If you sustained a brain injury in an accident, our brain injury attorney in New York can help you hold the at-fault party accountable. At Shulman & Hill, our team can help you recover compensation for your medical care bills, lost income, and other damages. Connect with our firm today for a free consultation. We’re standing by to hear your story and see how we can help you during your recovery.

An Overview of Brain Injuries

According to Johns Hopkins Medicine, a traumatic brain injury occurs when a sudden and physical jolt damages the brain. Physicians have classified this injury into two categories:

  • Closed brain injury: This injury does not penetrate the skull. It stems from the brain shaking back and forth inside the skull, breaking blood vessels and bruising brain tissue. Falls, traffic accidents, and sports injuries usually cause this type of injury.
  • Penetrating brain injury: These are brain injuries where there is a fracture to the skull.

Sometimes, the injury can be mostly complete at the time of impact. For others, the injury takes time—usually a few days—to fully develop after the incident. Either way, it’s best for you to get medical attention right away.

Common Symptoms of a Brain Injury

Depending on the severity of your injuries, you may experience symptoms such as:

  • Confusion
  • Poor judgment, concentration, and memory
  • Poor balance and coordination
  • Spasticity
  • Tremors
  • Changes in sensation and perception
  • Problems with speech
  • Headaches
  • Dizziness
  • Fatigue
  • Changes in mood and apathy

A brain injury can affect all aspects of a person’s life. If it goes untreated, the victim may face serious and long-lasting consequences, like seizures or entering into a coma or vegetative state.

Statistics of Brain Injuries Throughout the United States and New York State

Unfortunately, traumatic brain injuries are common throughout the United States. According to the New York State Department of Health, someone suffers a brain injury that results in a permanent disability every 10 seconds, especially if they don’t get treatment.

Also, according to the Centers for Disease Control and Prevention (CDC):

  • In 2019, over 223,000 people were hospitalized due to TBIs.
  • In 2020, nearly 65,000 people lost their lives to complications related to TBIs. That’s about 176 people each day.
  • People over 75 are the most high-risk group, accounting for almost a third of TBI-related hospitalizations and 28% of deaths.
  • Males are twice as likely to suffer a TBI than females.

Here in New York, there are 400 incidents of TBIs every day. Data shows that every year there are approximately:

  • 112,000 emergency room visits
  • 19,000 hospitalizations
  • 2,000 deaths

The most common causes of brain injury in New York include car accidents, assaults, and falls.

How Our Brain Injury Attorneys in New York Can Assist You

Putting all of your energy into your recovery should be your top priority. You don’t have to manage your case on your own, especially when you’re dealing with such a debilitating injury. You may want to consider retaining legal representation.

Whether you’ve suffered your brain injury because of a traffic accident, slip and fall, or another negligence-based incident, our New York personal injury attorneys may be able to help you seek a financial recovery for your related losses. While you’re in treatment, we can represent you during the claims process and handle a variety of tasks, such as:

  • Speaking to your medical team to understand your injury and prognosis
  • Gathering your medical records and other documentation of the accident that caused your TBI
  • Determining who caused the injury and holding them accountable
  • Assessing all of your losses
  • Communicating with the negligent party and their representatives
  • Negotiating a settlement that covers your losses
  • Taking your case to trial if we cannot secure a fair settlement beforehand

Our team understands that most clients want to know what’s going on throughout their case. That’s why we provide you with regular case updates and make ourselves available to you whenever you have questions or concerns about the process.

Defending Your Brain Injury Claim

Insurance companies operate with one very important goal in mind: to protect their bottom line. Therefore, they will likely look for gaps in your case or even your life prior to the accident so they don’t have to pay the compensation you deserve. For example, the adjuster could claim that you don’t need the amount you’re asking for because:

  • You don’t have any other injuries, like broken bones or a herniated disc
  • You never lost consciousness
  • You have another disability
  • You performed poorly at work or school prior to the accident
  • You waited too long to get treatment after you were injured, so it’s your fault that you’re in poor condition
  • Something else caused your brain injury

It wouldn’t be the first time we see claims like these, so we know the resources and evidence we can use to combat them. Your medical records, statements from your friends, family, and employers that describe your pre-injury and post-injury conditions, and documentation of the accident can help paint a picture of your life and how the incident has affected you.

How You Can Help Safeguard Your Brain Injury Claim

Even though the accident is over, that doesn’t mean you can’t do anything to help your claim. Here are some examples of things you can do to support your claim:

  • Get prompt medical attention: The longer you wait to see a doctor, the more time you give your brain injury to worsen. Getting medical attention sooner rather than later can help alleviate any symptoms that result. Not only that, but the closer you get treatment to the date of your accident, the better you can link the incident to your injuries. When you seek medical attention right away, there’s little room for the insurance adjuster to dispute your claim.
  • Follow medical advice: Be sure to see your treatment through to the end. If you suddenly stop, not only do you risk setting yourself back and worsening your symptoms, but the insurance company may not accept responsibility for paying some of your medical bills and other losses since you caused further damage.
  • Don’t speak to the insurance adjuster: We’ve seen this far too many times. The adjuster calls you and asks how you’re feeling, you say you’re fine, and they claim that since you said you’re okay, they don’t have to pay out a claim. This is just one of the many ways an adjuster can use your words against you. Let us handle all communication with them.

Fighting for Our New York Brain Injury Clients on a Contingency-Fee Basis

Paying for medical treatment and taking time off work to recover can make a major dent in your financial status. It’s easy to think that hiring a New York brain injury lawyer might only exacerbate the situation—but that’s not the case when you hire Shulman & Hill.

Our team represents clients on a contingency-fee basis. So, you don’t have to worry about paying us any upfront, retainer, or hourly fees. Our attorney’s fees come directly from the financial award we recover for you. If we don’t win your case, you owe us nothing. This way, we can begin investigating your case immediately and reduce any financial risks.

Damages You Can Seek in a New York Brain Injury Case

After sustaining a traumatic brain injury in New York, you could have grounds to recover damages in a claim or lawsuit. Knowing how much you can seek and what you’re specifically entitled to collect can be tricky.

At Shulman & Hill, we have obtained many favorable results for clients who suffered head injuries. For example, we won a $650,000 settlement for a 26-year-old taxi driver who sustained injuries to his head, back, neck, and shoulder in a truck accident.

We cannot promise a specific outcome for your case. However, you can rely on us to use our experience and negotiation skills to procure the best possible compensation amount. We’ve seen TBI survivors recover damages for:

Past and Projected Medical Bills

According to Mayo Clinic, those who have suffered a brain injury may require:

  • Diagnostic tests (e.g., CTs, MRIs, imaging scans, etc.)
  • Emergency care
  • Hospital stays
  • Medications
  • Surgeries
  • Rehabilitation
  • Ongoing care

If you’ve already received these or other brain injury treatments—or expect to receive them in the future—you can claim them in your case.

Lost Income

Depending on the severity of your injury, the doctor may order you not to work for a few days, weeks, or even months while you recover. In this event, you may have lost income such as:

  • Hourly pay
  • Salary
  • Bonuses
  • Tips
  • Employee benefits
  • Commissions
  • Promotions
  • Business opportunities

Compensation for this missed income could help you regain financial stability.

Reduced Earning Capacity

If you face a long-lasting or permanent brain injury, it could put you out of work—or at least your previous job—for the rest of your life. Claiming damages for reduced earning capacity can help you make up this anticipated lost income.

Pain and Suffering, Mental Anguish, and Other Intangible Damages

Because physical and emotional pain don’t come with a price tag, you may think that asking for compensation for them is out of the question. However, that’s not always true.

Talking to your doctors about the extent of your injuries and their impact on your life will help determine how much we can seek. These types of damages take multiple factors into account, including:

  • Pain and suffering for the discomfort and physical hardship of your brain injury
  • Disfigurement and scarring for the restraints the injury has brought on your body
  • Mental anguish for the trauma you’ve endured from the accident, injury, and treatment

Wrongful Death Damages

Tragically, some victims don’t survive their brain injury. Surviving family members may be able to receive compensation after this expected loss to account for:

  • Funeral and burial expenses
  • Loss of consortium
  • Loss of inheritance and financial support
  • Loss of household services
  • End-of-life medical expenses

Although the surviving family members (e.g., spouse, children, or parents) get the damages, a personal representative of the decedent’s estate usually files on their behalf.

How Long You Have to File a Brain Injury Lawsuit in New York

Because you or a loved one suffered a serious injury, you may have grounds to file a lawsuit against the liable party. However, you have a limited time to take action. The state of New York imposes time limits on these types of cases:

  • Under CPLR § 214, brain injury survivors typically have three years to file a personal injury lawsuit.
  • Under EPT § 5-4.1, claimants usually have two years to file a wrongful death lawsuit.

Exceptions to your applicable statute could apply, so don’t count on them. Waiting too long to submit your lawsuit in court may prompt a judge to throw it out of court altogether. Then it won’t be the other party’s responsibility to pay for your losses—it will be yours.

If you get our New York brain injury lawyers involved in your case right away, we can help you avoid this negative outcome and file your case before the statute expires.

Connect With Our New York Brain Injury Lawyers Today

If you or a loved one sustained a brain injury in New York, our attorneys are ready to take on your case while you recover. We’re here to listen to what happened to you and help you seek the compensation and justice you deserve.

To learn more, contact Shulman & Hill today for a free, no-obligation case review.

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We have helped thousands of New Yorkers recover more than $250 million in compensation

We have helped thousands of New Yorkers recover more than $250 million in compensation

We have helped thousands of New Yorkers recover more than $250 million in compensation

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Everyday working people often struggle to afford top-tier legal representation. To ensure equal access to justice, we work on a contingency-fee basis. You pay no attorneys’ fees unless we achieve a settlement or verdict in your case.

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"The treatment received by Shulman & Hill was extremely excellent. They treated me like I was part of their family and that gave me a lot of confidence in them. I would recommend them one hundred percent because they are very trained in your area. I congratulate you and ask God to fill you with blessings. Gracias for your support."

Ramon E.

"I would like to thank The Shulman & Hill Law Firm in Brooklyn for their outstanding representation on my worker’s compensation case. The monetary reward exceeded our expectations and Alex worked closely with me to meet and exceed my goals."

John S.

"To anyone in need of a worker’s compensation lawyer, I highly recommend Alex Shulman and his team. They went above and beyond to best accommodate me during my time of injury. All my questions and concerns were answered in a timely manner and with the utmost professionalism. In addition and most importantly they fought to make sure I was correctly compensated for my injuries at time of settlement and didn’t rush to get paid. I will be recommending their firm to anyone and everyone in need of their services."

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Akila B.

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Aaron R.

"Alex Shulman did a wonderful job walking me through all the process of my case…making sure I understood all the legality and severity of all my hearing. I highly recommend their firm to handle any and all worker’s compensation cases. They strive for your wellbeing health-wise as well as aiming for the financial max."

Altagrace G.

"Schulman & Hill was my very first choice I chose for my WC case . I am very pleased with the outcome of my case. I would highly recommend them to friends. They are very professional and kept me informed during every step of this process. Should I ever need a WC attorney again, God forbid, Shulman & Hill it is, hands down . Thank you ."

Cheryl M.

"I had a great experience with Shulman & Hill. They have a great team and were very understanding and helpful from day one. I felt like I was in good hands and the outcome on my case overreached my expectations! I highly recommend this firm. You can be rest assured that they will fight for you rights."

Anna G.

"My experience with the Shulman & Hill lawyers during this process time was excellent, they are competent and very professional lawyers, they worked quickly with my case and they kept me informed of the whole process all the time. Shulman & Hill’s fans recommend them with closed eyes, thank you very much Shulman & Hill."

Carolyn G.

"Shulman & Hill is the best firm out there. They help you understand....since walking into Shulman & Hill, they have guided me...to get a win. I am completely happy with my compensation. What brought me to Shulman & Hill was their expertise in workers compensation and personal injury cases. What I found value in was in their mission to provide compassionate service..."

Jason S.

"I went to the Internet to find a lawyer to assist me to navigate worker’s compensation process. Shulman & Hill was my first choice  and I have no regrets. I was impressed with the prompt response to my case. I must comment on the office environment and office staff being  friendly, professional and prompt. A big thanks to the lawyers that represented me at the hearings and Valeria who helped to lessen my anxiety are dealing with legal issues. I have no hesitation in recommending this law firm to anyone that requires legal services."

Ita L.

"The best law firm in NYC! They explain everything to you and they are very generous and helpful. The lawyers are excellent and very respectful as also is the receptionist. I highly recommend the Shulman & Hill law firm."

Davis C.

"Excellent lawyers. Excellent service. I will recommend them as my first choice. They helped me with my case since day one. They know exactly how to work on a case and win it. They worked fast and were always in communication with me.  I won my case with a very high amount. Thanks to all the staff, I wish them my best. They will always be in my heart."

Grace B.

"Had a very positive experience working with Shulman & Hill in the worker’s compensation case. Everyone is very professional and competent. Received the maximum possible settlement in court. I am sincerely grateful to my lawyers and personally Alex Shulman for the work done. I wish you further success and prosperity."

Dmitry M.

"I am so glad that I chose Alex Shulman to represent me in my worker’s compensation case. I have definitely recommended him to some of my coworkers and friends who needed an Attorney. I am so happy with the service I got from him and his paralegals. Thank you very much to the entire staff at Shulman & Hill for everything!"

Ilya K.

"Shulman & Hill have been tremendously helpful in resolving my case. They are extremely professional and thorough. I would recommend them to anyone working to resolve a difficult case."

James M.

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Jennifer D.

"Do not waste time looking for better. There is no better than Shulman & Hill. I am very happy I got introduced to them by my good friends. Definitely THE BEST there is."

Arian K.

"Shulman and Hill are the absolute best: JJ, Alex and Christine are powerhouse attorneys who get the best results for their clients. I feel like these guys took care of me like family. When you’re dealing with a worker’s compensation case, you’ll want a pit bull to represent you: Shulman & Hill is the firm you need."

Chelsea W.

"Wonderful service quality by the group of professional advocates in the law firm of Shulman & Hill! I did not expect that I will find a proper solution regarding my worker’s compensation. However, it has been possible by the experts and they have made the task easier over the period. Thanks to them for their help."

Corey A.

"I would definitely like to thank Mr. Alex Shulman and his entire staff at Shulman and Hill for their exceptional work in helping me with my Worker’s Compensation case. Their entire staff was courteous and professional from start to finish and all work was done in a timely fashion. I was previously with a different law firm who were not as informative, and they made me feel like I was a mere money to them. I personally recommend the law offices of Shulman & Hill for any injury/ worker’s compensation case you may have. They strive to get you a maximum reward for your injury, while maintaining the utmost courtesy and professionalism."

Dain J.

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