In addition to being one of the most dangerous types of injuries that results from accidents, traumatic brain injuries (TBI) can also unfortunately be one of the most challenging injuries to accurately diagnose and treat. The inner workings of the brain are loosely understood even by medical professionals on the cutting edge of modern science and serious damage to the brain’s tissue may not immediately manifest in obvious ways.
For this reason, your first priority after any accident involving head trauma should be seeking professional medical attention and diagnosis, followed by contacting a qualified catastrophic injury attorney. Once you are in a stable condition given your circumstances, your Smithtown traumatic brain injury lawyer could work hard to prove fault for your injuries, demonstrate the value of your losses, and demand fair compensation on your behalf.
The exact amount of compensation that a person could obtain through a successful lawsuit depends on the breadth and severity of losses they have experienced. For example, an accident that results in a minor concussion would still qualify as a “traumatic brain injury case”, but recovery would likely be limited to short-term losses like emergency medical bills and missed work wages.
However, any severe impact to the face, neck, or skull has the potential to cause substantial damage to the brain. This could lead to long-term or lifelong repercussions like personality changes, sensory difficulties, and loss of cognitive and/or motor function. In these circumstances, the value of an ensuing civil claim may be significantly greater, as the damages an injured party would experience would be much more widespread.
If this kind of injury has debilitating and permanent consequences, a Smithtown TBI attorney could help demand restitution for various economic and non-economic damages, including lost earning capacity, lost consortium, and lost enjoyment of life. However, as with any accident claim, a person with a TBI who was found partially liable for their own injury may be subject to a proportional reduction of their damage award pursuant to New York Civil Practice Law and Rules § 1411.
Another potential legal roadblock that those with a brain injury should be aware of is the deadline that state law imposes on individuals looking to file personal injury lawsuits. Under NYCPLR § 214, prospective plaintiffs usually have three years after learning they were hurt due to someone else’s negligence to start filing suit against that allegedly negligent party.
Importantly, there are no exceptions to this deadline made specifically for injuries resulting in catastrophic harm like TBIs, so individuals who sustain such injuries cannot wait for all their future damages to become clear before pursuing compensation for them. However, there are some other circumstances under which this deadline may be extended, which a traumatic brain injury lawyer in Smithtown could discuss in more detail, if applicable.
Even if it ultimately does not have long-term repercussions, a hard blow to the head can sidetrack all your short-term plans and require you to undergo lengthy and expensive medical examinations. If there is permanent damage from this kind of injury, the consequences of another person’s misconduct could unfortunately last for the rest of your life.
Retaining a Smithtown traumatic brain injury lawyer could be key to effectively pursuing financial recovery following an incident of this nature. Call today for a consultation.