There are many events that can cause a traumatic brain injury such as an assault, a car accident, a motorcycle accident, a fall, a defective product, a farming accident, or a medical error such as a delay in diagnosing a stroke or brain bleed. The first step a brain injury lawyer takes is to analyze how the brain injury was sustained and who may be at fault. This analysis will guide the attorney as to who may be held legally responsible for your injuries. Additionally, your attorney will obtain your relevant medical records to analyze the extent of your injuries. As part of this analysis, your injury lawyer may speak to your treating doctors and retain medical experts to assist in determining the impact that the brain injury will have on your life in the future.

Yes, even if you are partially at fault for causing the incident that led to your injuries, in New York you may still bring a claim against the other at fault party. Percentages and degrees of fault are reviewed by attorneys and insurance adjustors during settlement and liability discussions.  If a case is not resolved, ultimately, a jury would decide what percentage of fault is attributable to your actions and what percentage of fault is attributable to another person’s actions. Based on those percentages, your recovery would be reduced by your percentage of fault. For example, if you were found 25% at fault and another party was found 75% at fault for your damages that total $1,000,000, you would be entitled to recover $750,000 from the other at fault party.

The monetary cost of living with a traumatic brain injury can be staggering. There may be medical bills, surgeries, rehabilitation costs, physical therapy, occupational therapy, medications, assistive devices such a wheelchair or orthotic devices, assistive technology, and modifications needed to the home and living environment. A traumatic brain injury may also prevent someone from being able to go back to work resulting in lost income. Finally, in addition to the economic toll a brain injury can cause to an individual and his or her family, there is also the non-economic toll that a brain injury causes- this is known as “pain and suffering”. Depending on the significance and duration of the brain injury, juries have awarded and settlements have been reached in the millions of dollars for these types of injuries.

Traumatic brain injury symptoms might not appear right away. Oftentimes those with a brain injury may look “normal” even though the victim is suffering from cognitive, physical, and emotional repercussions. CT scans or MRIs of the brain can help prove that an individual has suffered a brain injury. Assessments from experts such neuropsychological testing of cognitive abilities or a vocational assessment can be useful evidence to show the lasting effects of a brain injury on the abilities and daily activities of an injured individual.

The statute of limitations or time within which to file your claim depends on the nature of the underlying incident that caused your injuries. In New York, personal injuries caused by the negligence of another have a 3-year statute of limitations. Personal injuries in New York caused by the medical malpractice of a health care provider must be commenced within 2 years and 6 months. Injuries caused by the intentional conduct of another, such as assault, must be commenced within 1 year. Shorter time frames are applicable to defendants who are municipal or state entities and therefore it is important to review the facts of your case with a personal injury attorney as soon as possible to ensure your claim will not be lost forever.

Personal injury cases are most often handled on a contingency fee basis, meaning an attorney does not get paid for his or her services until a favorable settlement or a successful verdict at trial is obtained.

While there are no prohibitions on what type of law or cases an attorney can handle, it is very important when dealing with a traumatic brain injury to work with and hire an experienced personal injury attorney who is well versed not just in personal injury matters, but has the skills and medical knowledge to handle your case. This additional knowledge and experience with the medical side of the case can prove invaluable.