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New York City Traumatic Brain Injury Lawyer

traumatic brain injuryA traumatic brain injury (TBI) can be the most difficult injury that most people will ever face in their lives. TBIs can affect people of all ages and can significantly impact all aspects of a person’s life. Depending on the severity of a TBI, victims may experience symptoms over a few days or for the rest of their lives. The Centers For Disease Control (CDC), estimates that around 61,000 people in the United States die every year due to a traumatic brain injury. Around 1.5 million Americans suffer non-fatal TBIs, resulting in some 230,000 hospitalizations.

Falls are one of the leading causes of TBIs, especially for older adults. Motor vehicle crashes and assaults are also very common ways for a person to sustain a TBI. The CDC says that around 5.3 million Americans are currently living with a permanent TBI related disability. Sadly, these disabilities are not readily obvious to the public, which is why some have called TBIs the invisible epidemic. If you’ve been injured with a traumatic brain injury you may have legal recourse through a civil claim. The New York City traumatic brain injury attorneys at Gersowitz Libo & Korek, P.C. are here for you. They have decades of experience and focus 100 percent of their practice on helping accident victims. They can examine your case free of cost and let you know if you have a claim that can be pursued. Call us today for a risk free consultation at 800-529-9997.

What Is a Traumatic Brain Injury?

A traumatic brain injury usually refers to a sudden injury that causes damage to the brain. They usually take place when a person experiences a sudden blow, bump or jolt to their head. A TBI can also occur when a person sustains a penetrating injury from a bullet, shrapnel or other object. TBIs can have wide-ranging physical and psychological effects. Signs of a TBI can appear right away wile others can appear weeks later. What follows below are some common symptoms of a TBI.

  • Headache
  • Nausea
  • Fatigue
  • Problems with speech
  • Dizziness
  • Blurred vision
  • Sensitivity to light
  • Mood changes or mood swings
  • Loss of consciousness
  • Depression

According to the Mayo Clinic, “Mild traumatic brain injury may affect your brain cells temporarily. More-serious traumatic brain injury can result in bruising, torn tissues, bleeding and other physical damage to the brain. These injuries can result in long-term complications or death.” If you’ve suffered any type of blow or injury to your head, it’s best to seek medical treatment as early as possible. Failing to treat a TBI early on can lead to more serious injuries or even death.

How Are Traumatic Brain Injuries Diagnosed?

It’s important to understand that even a mild blow to the head such as a fall can lead to a traumatic brain injury. Many people don’t bother to seek medical treatment. This is typically a mistake. US actor and comedian Bob Saget, who is best known for Full House, suffered an accidental blow to the back of this head. He didn’t think anything of it and went to sleep. Tragically, he never woke up. It’s always best to seek medical treatment for any type of head trauma. Once you’re at the hospital, doctors will use various tests to determine if you’ve suffered a TBI and, if so, how severe it was.

  • Imaging Tests: Healthcare providers who suspect a TBI will typically take images of a person’s brain. Computerized tomography (CT) or “CAT” scans take x-rays of the brain and are able to show anyplace where there is bleeding or bruising. Magnetic resonance imaging (MRI) use radio waves to produce more details than CAT scans. MRIs are typically used as follow up tests because they can take a while to complete.
  • Blood Tests: In 2018, The Food and Drug Administration (FDA) has authorized the use of blood tests to determine the occurrence of a TBI. People who suffered a mild concussion are likely to have two proteins in their blood stream, UCH-L1 and GFAP.
  • Other Tests: Speech and language tests are often used to determine the presence of a TBI. Doctors will also monitor breathing ability and lung functioning. They may also perform cognitive tests to determine if a patient’s reasoning, problem solving, understanding or memory has been affected.
  • Glasgow Coma Scale (GCS): The GCS gives healthcare workers a way to measure the functioning of a person after they’ve sustained a head injury. The test focuses on three key areas: ability to speak, ability to open eyes, ability to move.

A total score of 13 in the GSC indicates a mild TBI. A score of 8 or below indicates a severe TBI. There are other factors that hospitals will consider to determine the severity of a person’s TBI. If a person did not lose consciousness or were unconscious for less than 30 minutes this will typically indicate a mild TBI. Unconsciousness for 30 minutes to 24 hours will typically indicate a moderate TBI. Unconsciousness for 24 hours or more will typically indicate a severe TBI. The presence and duration of any memory loss is also used to indicate the severity of a TBI.

Do I Have A Legal Claim If I Suffered A Traumatic Brain Injury?

Depending on the facts of any case, there could be numerous liable parties for an accident that resulted in a traumatic brain injury. This includes accidents at work and away from work. In certain circumstances, cases will be initiated on the basis of one party’s negligence. In other situations, an employer could be held strictly liable for a person’s traumatic brain injury. What follows below are some common causes of traumatic brain injuries and potential liable parties.

  • Falls: As stated earlier, falls are a leading cause of traumatic brain injury. If a person fell at a business, the business owner or property owner could potentially be liable for the accident. Property owners have a legal obligation to maintain their property in a reasonably safe condition. Failure to do so could form the basis of a negligence claim. For example, a grocery store may have failed to clean up liquid in an isle which led to a fall.
  • Car Accidents: Even low impact collisions can cause a persons head to whip forward and backward violently. Any person that sustains a TBI following a car accident may be able to pursue a negligence claim against the at fault driver. If the at-fault driver was working at the time of the collision, the company that they were working for could be vicariously liable.
  • Construction Accidents: Any person that sustained a head injury from a fall at work may have legal recourse through New York Labor Law 240. Building owners and general contractors are held strictly liable for gravity related accidents, including falls or instances when a worker is hit by a falling object. An injured worker may also be able to pursue a claim under New York Labor Law 200 and New York Labor Law 241(6).
  • Assaults: Property owners must ensure their guests are reasonably protected from criminal behavior. Any person that is attacked or shot may be able to pursue a negligent security claim for their TBI.
  • Medical Malpractice: Sadly, many traumatic brain injuries are due to malpractice from healthcare providers. This can come in the form of birth injury errors, surgical errors, nursing home negligence or failure to diagnose or treat a condition.

It can be difficult to know where to begin if you or someone you love has sustained a serious head injury. But it’s important to seek medical care as quickly as possible. Even a seemingly mild head injury can turn out to be something more serious. After you’ve received medical treatment, it’s best to speak with an experienced New York City traumatic brain injury attorney. An attorney can take steps to preserve your rights and let you know what your legal options are.

Getting Help After Suffering A Traumatic Brain Injury

Best Lawyers: Edward Gersowitz, Jeff Korek and Michael Fruhling - Partners

If you’ve suffered a traumatic brain injury you may be entitled to substantial compensation for your injuries. There are a number of laws designed to protect your rights. You don’t have to go through the recovery process alone. Indeed, many people would not be able to. The medical bills from a TBI can be completely overwhelming. According to Chandi Edmonds, assistant professor at Feinberg, “The lifetime costs of a patient’s treatment for a traumatic brain injury are estimated to run from $85,000 to $3 million.”

Our team of traumatic brain injury lawyers at Gersowitz Libo & Korek, P.C. are here to help you with whatever you need. We are committed to helping accident victims get the medical and financial support that they need to recover. We will fight hard to get you the best outcome possible as we have for all of our other clients. In fact, we’ve recovered nearly $1 billion for people just like you. Whether you just have legal questions or are thinking about hiring an attorney we are here for you. You’re always welcome to reach out to us anytime at 800-529-9997.

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