Value of a Brain Injury in New York
When it comes to brain injuries in New York, understanding their value is of paramount importance for those affected. At Stephen Bilkis & Associates we recognize the profound impact that brain injuries can have on individuals and their families. Whether caused by motor vehicle accidents, workplace incidents, or other forms of negligence, these injuries can result in life-altering consequences. Our experienced New York personal injury lawyers are dedicated to helping brain injury victims in New York seek the maximum compensation they deserve. In the past our attorneys and of counsel secured over $1 billion in compensation for our clients who were injured in accidents. With our expertise and compassionate approach, we strive to navigate the complexities of brain injury cases and provide unwavering support to our clients. If you or a loved one has suffered a brain injury in New York, contact our experienced team for a free consultation and let us guide you through this difficult journey towards obtaining the compensation you deserve.Examples of Brain Injury Verdicts in New York
To illustrate the potential value of a brain injury claim, the following examples serve as valuable references, showcasing the legal system's recognition of the impact on a plaintiff’s life of a brain injury.
Case: Higgins v. West 50th St. Assoc., 2011 N.Y. Slip Op. 51157 (N.Y. Sup. Ct. 2011)
Accident Type: Premises liability
Case Summary: A clogged rooftop drain caused rainwater to overflow and cascade into the defendants' building at 365 West 50th Street. Plaintiff slipped on the water and fell down the stairs, hitting the back of her head on a number of the concrete steps. Plaintiff suffered back injuries and brain injuries.
Case: Popolizio v. County of Schenectady, 62 A.D.3d 1181 (N.Y. App. Div. 2009)
Accident Type: Construction Site Injury
Case Summary: On a snowy night, plaintiff was driving when he lost control of his car on a very steep downgrade and, unable to negotiate the sharp curve at the bottom of the hill, slid across the road and plunged head-on into a ditch. Plaintiff argued that defendant was negligent in its design and maintenance of the road and that, as a result, plaintiff sustained a traumatic brain injury.
Brain injuries are often caused by preventable accidents. Here are common scenarios where brain injuries may occur:
Car Accidents: Motor vehicle collisions, especially high-speed or severe accidents, can cause traumatic brain injuries (TBIs). The force of impact can result in the brain striking against the skull, leading to concussions, contusions, or more severe injuries.
Slip and Fall Accidents: Falls are a leading cause of brain injuries, particularly among the elderly. Slipping on wet floors, tripping on uneven surfaces, or falling from heights can result in head trauma and brain injuries.
Construction Accidents: Workers in the construction industry are at risk of brain injuries due to falls from scaffolding or ladders, being struck by falling objects, or being involved in accidents with heavy machinery or equipment.
Assaults: Acts of violence, physical altercations, or assaults can lead to severe brain injuries. Intentional strikes to the head or being forcefully shaken can cause significant trauma to the brain.
Note that not accidents are compensable through personal injury claims. For example, if the accident was at work, the victim’s compensation may be limited to workers’ compensation benefits. To learn about what you may be entitled to, contact an experienced New York personal injury lawyer.Factors in Determining the Value of a Brain Injury
Determining the value of a brain injury in a personal injury case requires a careful assessment of various factors to ensure fair compensation for the victim. While each case is unique, the following factors are typically considered when evaluating the value of a brain injury:
- Severity of the Injury: The extent and severity of the brain injury play a crucial role in determining its value. More severe injuries that result in significant cognitive impairments, permanent disabilities, or long-term medical care requirements generally lead to higher compensation.
- Medical Expenses: The cost of medical treatment, including hospitalization, surgeries, rehabilitation, therapy, medications, and ongoing care, is a significant factor in valuing a brain injury. Future medical expenses are also taken into account.
- Loss of Income and Earning Capacity: Brain injuries can lead to temporary or permanent disability, impacting the victim's ability to work and earn income. Compensation may be awarded for lost wages, diminished earning capacity, or loss of future career opportunities.
- Pain and Suffering: When it comes to a brain injury, pain and suffering may include physical pain, chronic headaches, cognitive impairments, emotional distress, anxiety, depression, and loss of enjoyment of life. The compensation available for pain and suffering may be substantial, depending on how long the physical pain and cognitive issues last and the type of treatments required.
An experienced personal injury attorney serving New York can evaluate your case and determine its value. Their expertise and advocacy increase your chances of receiving fair compensation for medical expenses, lost wages, pain and suffering, and other applicable damages, while allowing you to focus on your recovery and well-being.Contact Stephen Bilkis & Associates
Determining the value of a brain injury in New York requires a thorough assessment of various factors, including the severity of the injury, the impact on the victim's daily life, medical expenses, loss of income, and expert opinions. The physical, emotional, and cognitive effects of a brain injury can have profound and long-lasting consequences on the individual and their loved ones. Seeking fair compensation for these damages is crucial to ensure access to necessary medical care, rehabilitation, and support services. By enlisting the assistance of an experienced personal injury attorney serving New York, victims of brain injuries can navigate the complex legal process with confidence. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.