Brain Injury Lawyer in New York
Brain injury is a condition that causes the destruction or deterioration of brain cells. Often, brain damage is caused by some type of trauma or injury to the brain. Brain damage also occurs when the supply of oxygen to the brain is cut off. Most types of brain damage are irreversible. This means that the person suffering the brain damage can become incapacitated or lose part of their physical and mental abilities permanently.
Brain damage can have a devastating effect on not only the victims, but also their families. When a person suffers a brain injury, members of the family find themselves with considerable financial expenses for their treatment, as well as patient care. They may have to stop working to care for the loved one who is injured. The costs of rehabilitation and nursing care can add up very quickly. The cost of treating a brain injury and living with a brain injury can add up to millions of dollars during a person’s life. When a brain injury or traumatic brain injury is caused by the negligence or misconduct of another, it is important for the victims and their families that they seek a knowledgeable lawyer and obtain a good understanding of their rights and legal options.
Types of brain damage
Although all head injuries do not necessarily affect the brain, all traumatic brain injuries are head injuries. There are two main types of brain injuries: traumatic brain injury and acquired brain injury. Both types of brain injuries can seriously disrupt normal brain function. While an external force, such as a blow to the head, causes traumatic brain injury, an acquired brain injury occurs at the cellular level and is more associated with pressure in the brain. Brain damage can also occur as a result of birth defects.
The severity of the brain damage depends on the type of brain injury and the location of the injury. Some injuries cause localized brain damage. An example of this type of damage is when a bullet enters the brain. The damage is limited to a small area. Closed head injuries often cause diffuse brain damage, which means that many areas of the brain are damaged. A mild brain injury can be temporary and has symptoms such as headaches, confusion, dizziness and nausea.
In a moderate brain injury, the symptoms may be more pronounced. Whether it is a mild or moderate brain injury, patients have a good chance of recovery although problems may persist for a year or more. However, with a severe brain injury, the person can suffer a life change and debilitating effects. The patient may be left with cognitive, behavioral and physical disabilities. Some can be reduced to a vegetative state in which they can continue to depend on the attention of others for the rest of their lives.
What causes brain damage?
The degree of brain damage can depend on several factors, including the nature of the traumatic event and the strength of the impact. Brain injury can cause damage to brain cells limited to the area directly below the point of impact. A bump or jolt, for example, can cause multiple points of damage as a result of the brain moving back and forth in the skull. A severe rotation shake can cause the cellular structures in the brain to break or disintegrate. The burst resulting from an explosion can cause damage to several areas of the brain. A penetrating injury can cause serious and irreversible damage to brain cells, blood vessels and protective tissues throughout the brain. Bleeding in and around the brain,
Incidents and common circumstances that lead to brain damage include, but are not limited to:
- Slip and fall or fall and fall : Slip and fall accidents, falling on the stairs, and other types of falls are the most common causes of traumatic brain injury in general. When a person hits his head while they fall down, it can cause severe brain damage.
- Auto Accidents : Collisions with cars, motorcycles, bicycles, buses, trucks and pedestrians tend to result in brain injuries. Car accidents can lead to catastrophic brain injury due to violence and high impact of these collisions.
- Construction accidents : Falls are one of the most common causes of fatal and catastrophic injuries on construction sites. Falls from roofs, stairs and higher levels almost always result in serious head injuries, including brain damage.
- Acts of violence : Acts of violence such as gunshot wounds, domestic violence or child abuse are said to cause about 20 percent of brain injuries in the United States. Whipped baby syndrome is derived from the violent shaking of a baby, which damages the brain cells.
- Explosions : Explosive explosions are also a factor in traumatic brain injury, which we often see in active duty military personnel. In New York City, gas or explosions related to fire can also cause brain injuries.
- Birth injuries : Brain damage is one of the most serious health problems caused by birth injuries. Brain damage during delivery is often caused by a condition called hypoxia, when oxygen to the baby’s brain is cut off. Such brain damage has a lifetime impact on the affected babies and their families.
- Medical malpractice : Carelessness or negligence on the part of a medical professional, such as a surgeon, nurse, anesthetist or a hospital staff member can create the conditions that lead to irreversible brain damage.
- Lead poisoning : Lead exposure from paint, lead dust or products such as toys that contain high levels of lead can lead to serious and irreversible brain damage. Children are particularly at risk.
The cost of treating brain damage
After a brain injury, patients may need surgery or several surgeries depending on the nature and severity of the damage. Many patients require long periods of hospitalization before being transferred to rehabilitation centers. Rehabilitation is a very important part of the recovery process for brain injury victims, as it is during this time that they will learn to manage and deal with their situation. Within the first months of rehabilitation, victims can recover some of the physical and mental abilities that were temporarily lost.
Patients may have to relearn basic skills such as talking, walking, feeding or dressing themselves. In addition to physical therapy, patients can receive occupational therapy and other forms of rehabilitation to help them adjust to their lifelong disabilities. Some may also need therapy to relearn how to communicate. There is a series of assisted living and transition facilities that help victims recover and prepare for their lives ahead.
These treatments and services, of course, have an excessive cost. The recovery process is often long for brain injury victims and many of them lose insurance coverage, either because they are unable to return to work or because they no longer have the financial resources.
According to the Centers for Disease Control and Prevention (CDC), direct medical costs and indirect costs, such as lost productivity caused by brain injuries, totaled nearly $ 60 billion in the United States in 2000. Recent studies show that about 40 percent of people hospitalized with a brain injury had at least one unmet need for care, one year after the injury. The most frequent unmet needs were:
- Improving memory problems and problem solving
- Control stress and emotional disorders
- Obtaining behavior problems under control
- Improving one’s job skills
The CDC indicates that acute care and rehabilitation of brain injury patients in the United States costs $ 9 billion to $ 10 billion per year. This does not include indirect costs to society, as well as to families or the loss of income, work time and productivity and costs related to the provision of social services. The costs of a brain injury vary depending on the extent of the injury and its specific long-term effects. According to estimates, the cost of caring for a survivor of a serious traumatic brain injury is between $ 600,000 and $ 1,875,000 over a lifetime.
Cases of damage to brain injury
Victims of brain injuries or brain damage may be able to obtain compensation for their losses from one or more parties that have been or were responsible for their injuries. If you want to file a claim for personal injury seeking damages, it is important to understand the legal basis of the case, as it will dictate the elements that you will have to prove in order to be successful with your claim.
Most claims for brain injuries are based on the legal theory of negligence. A claim for negligence requires the plaintiff to prove that the party he or she is suing is responsible or that he or she was at fault for the injuries and damages caused. The plaintiff must prove that the law requires that the defendant be reasonably careful or that the defendant had a “duty of care” to the plaintiff. The plaintiff must be able to show that the defendant did not act with reasonable care with the plaintiff. The plaintiff must also prove that he or she suffered injuries and losses and that the negligent actions of the defendant caused those resulting injuries and damages.
For example, if a distracted truck driver caused the plaintiff’s brain injury, the driver and his employer can be held liable for the damages. If a doctor was negligent or made a mistake during the birthing process and the delivery that resulted in damage to the baby’s brain, then the doctor and possibly the hospital can be held responsible. If the owner of a property allowed a dangerous or defective condition to exist such as not providing security at the windows or having peeling paint on the premises, then a property owner’s negligence may be held liable for the damages and losses caused.
Proving that a brain injury or brain injury has occurred and linking such damage to the defendant’s behavior can be a challenge in a personal injury lawsuit. Brain injuries are often more complicated and harder to detect than other types of injuries. Therefore, it is critical that as many tests as possible be gathered. It is also important to have medical experts and others who can certify that the injury was caused by the defendant’s imprudent actions, if that were the case.
Some of the damages that can be claimed in cases of brain injuries include, but are not limited to:
- Medical expenses
- The costs of hospitalization
- Surgery expenses
- Cost of medicines and health products
- The costs of rehabilitation
- Continuing with the treatment expenses
- Nursing care expenses
- The loss of income and benefits
- The loss of livelihoods
- The loss of enjoyment of life
- Lost future income
- Permanent injuries and disabilities
- Pain and suffering of the past and the future, etc.
Results of cases of Brain Injury
Brain injury clients at the law office of Kenneth A. Wilhelm have obtained a series of favorable verdicts and agreements. Here is just a sample:
- $ 43,940,000 for a child who suffered brain damage during delivery. The hospital failed to diagnose fetal distress, which resulted in permanent injuries to the baby including brain damage and cerebral palsy due to lack of oxygen to the brain. Our firm worked with another law firm in this case. This verdict was so great that it was reduced to $ 7,000,000 in appeal.
- $ 23,500,000 for a child who suffered brain damage because doctors turned away from the appropriate medical procedures to allow a resident to handle the birth of the child. The doctors also had not informed the mother of the baby of a urinary tract infection that had been tested during previous weeks. The resident applies too much pressure on the baby’s head causing head trauma and bleeding in the brain. This verdict was so great that it was reduced to $ 5,400,000 on appeal.
- $ 5,600,000 settlement for a cyclist who suffered catastrophic brain damage after being hit by a vehicle.
- $ 2,550,000 for a passenger in a traffic accident who suffered brain damage.
- $ 1,162,500 of solution for a child who suffered lead poisoning from the paint in his apartment.
- $ 800,000 settlement for a pedestrian who suffered brain damage after being hit by the car.
Brain injury lawyers in New York
If you or a loved one has suffered a brain injury or brain damage, brain injury attorneys in New York with experience in the law office of Kenneth A. Wilhelm can help you better understand your rights and legal options. Please contact us toll-free 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can even come to you. There is no lawyer fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 states of the United States, please call us and we will try to help you with your case.
Other telephone numbers at no cost to us are:
1-800-RADIO-LAW, 1-888-WYPADEK, or 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
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