Value of a Traumatic Brain Injury in New York
Traumatic brain injuries (TBIs) are serious and life-altering events that can have profound physical, cognitive, and emotional consequences for individuals and their families. If you or a loved one has suffered a traumatic brain injury due to someone else's negligence or wrongdoing, our experienced team of New York personal injury lawyers is here to provide compassionate support and relentless advocacy on your behalf. Understanding the true value of a traumatic brain injury case is essential in ensuring that you receive fair compensation for the damages you have suffered. Determining the value of a TBI involves assessing various factors, including the severity of the injury, its impact on your life, and the economic and non-economic damages incurred. With our deep knowledge of New York laws and extensive experience in handling injury cases, we are dedicated to fighting for your rights and maximizing the compensation you deserve.Common Types of Traumatic Brain Injuries
Traumatic brain injuries encompass a broad range of injuries resulting from sudden trauma to the head or penetrating head injuries. Here are some common types of traumatic brain injuries:
Concussion: Concussions are the most common type of mild traumatic brain injury. They occur when the brain is subjected to sudden acceleration or deceleration, causing it to bounce or twist within the skull. Concussions can result in temporary loss of consciousness, confusion, memory problems, headaches, dizziness, and changes in mood or behavior. While most concussions resolve with time and rest, some can have long-term effects.
Contusion: A contusion refers to bruising or bleeding on the brain's surface. It typically occurs when a forceful impact causes the brain to collide with the skull's bony structures. Contusions can lead to swelling, increased pressure within the skull, and neurological deficits. In some cases, surgical intervention may be required to remove or repair the contused tissue.
Penetrating Brain Injury: Penetrating brain injuries occur when an object pierces through the skull and enters the brain tissue. These injuries often result from gunshot wounds, sharp objects, or other high-impact accidents. Penetrating brain injuries can cause severe damage, including skull fractures, hemorrhages, and damage to critical brain structures. Immediate medical intervention is crucial to minimize further harm and save lives.
Diffuse Axonal Injury: Diffuse axonal injury (DAI) is a severe type of TBI that occurs when the brain rapidly accelerates or decelerates, causing widespread damage to nerve fibers (axons) throughout the brain. DAI often results from high-speed accidents, such as car crashes or severe falls. It can lead to long-term cognitive impairments, coma, or even death.
Second Impact Syndrome: Second impact syndrome (SIS) is a rare but potentially fatal condition that occurs when an individual sustains a second traumatic brain injury before fully recovering from an initial one. The second injury causes rapid and severe brain swelling, leading to catastrophic consequences. SIS emphasizes the importance of proper diagnosis, management, and sufficient recovery time after a traumatic brain injury.
Chronic Traumatic Encephalopathy: Chronic traumatic encephalopathy (CTE) is a degenerative brain disease associated with repetitive head injuries. It is commonly found in athletes, particularly those involved in contact sports like football, boxing, or hockey. CTE is characterized by the accumulation of abnormal proteins in the brain, leading to cognitive decline, memory problems, mood disorders, and other neurological symptoms.
Each traumatic brain injury case is unique, and the specific circumstances and medical documentation play a crucial role in determining its value. To accurately assess the value of a traumatic brain injury case, our experienced New York personal injury lawyers collaborate with medical experts, economists, and other professionals to evaluate the economic and non-economic damages incurred.Examples of Traumatic Brain Injury Verdicts in New York
Traumatic brain injury cases in New York have resulted in various verdicts, reflecting the severity of the injuries, the impact on the victims' lives, and the level of negligence or liability involved. While each case is unique, here are a few examples of notable verdicts in traumatic brain injury cases in New York. The average verdict is $8,499,257.
Case: Scott v. Posas, 194 A.D.3d 454 (N.Y. App. Div. 2021)
Accident Type: Bus accident
Verdict: $750,000 for past pain and suffering
Case Summary: Plaintiff was riding his motorized bicycle defendant, who was driving a Logan bus, turned right in front of him, striking him and knocking him off his bike. Plaintiff alleged suffered a traumatic brain injury and other injuries. Court found that he sustained a serious injury, but not a consequential permanent injury.
Case: Hedges v. Planned Sec. Serv., 140 N.Y.S.3d 487 (N.Y. App. Div. 2021)
Accident Type: Premises liability
Verdict: $19,575,500 for past and future pain and suffering and for a home health aide
Case Summary: Plaintiff Marion Hedges was seriously injured and left on the brink of death when two 12–year–old boys threw a shopping cart over the fourth-floor railing of a shopping mall, striking her as she stood at a parking kiosk on the first floor.
Case: Rahman v. City of N.Y., 2012 N.Y. Slip Op. 32380 (N.Y. Sup. Ct. 2012)
Accident Type: Premises liability
Case Summary: Plaintiff was injured in an accident when his vehicle hit a raised manhole cover, causing him to lose control of his vehicle. As a result, the plaintiff had a hole in his skull and suffered a traumatic brain injury. The plaintiff suffered permanent injuries including restricted eye movement, limitation of occular motricity and optic atrophy of his right eye, and seizures.
There are various types of incidents that can lead to traumatic brain injuries (TBIs) in New York. These incidents can occur in everyday situations and often result from the negligence or wrongful actions of others. Here are some examples:
Motor Vehicle Accidents: Car accidents, motorcycle collisions, pedestrian accidents, and bicycle crashes are frequent causes of traumatic brain injuries. The forceful impact and sudden deceleration involved in these accidents can result in the head striking a hard surface or being jolted violently, leading to brain trauma.
Slip and Falls: Slip and fall accidents can occur in various locations, such as on uneven surfaces, wet floors, or poorly maintained premises. When individuals fall and strike their heads on the ground or against objects, they can sustain traumatic brain injuries.
Construction Accidents: Construction sites are inherently hazardous, and falls from heights, being struck by falling objects, or being involved in equipment-related accidents can all lead to traumatic brain injuries.
Assaults and Violence: Intentional acts of violence, including physical assaults and criminal attacks, can result in traumatic brain injuries if the head is targeted or struck forcefully.
Medical Malpractice: Medical errors, surgical mistakes, anesthesia errors, or delayed diagnosis and treatment can lead to brain injuries, particularly during surgeries or medical procedures.
It's important to consult with a qualified New York personal injury lawyer if you or a loved one has sustained a traumatic brain injury in any of these incidents. They can assess the circumstances, gather evidence, and determine the potential liability to help you seek compensation for your injuries, medical expenses, lost wages, and other damages.Factors in Determining the Value of a Traumatic Brain Injury
When determining the value of a traumatic brain injury (TBI) case, several factors are taken into consideration. While the specific factors may vary depending on the jurisdiction and individual circumstances, here is a list of common factors that play a role in assessing the value of a TBI case:
Severity of the Injury: The extent and severity of the brain injury, including the level of physical, cognitive, and emotional impairment, will heavily influence the value of the case. Severe and long-lasting impairments typically result in higher compensation.
Medical Expenses: The cost of medical treatments, surgeries, hospital stays, medications, therapy, and ongoing rehabilitation are considered in determining the value of the case. This includes both past and anticipated future medical expenses.
Lost Wages and Loss of Earning Capacity: The impact of the TBI on the victim's ability to work and earn a living is a significant factor. Lost wages due to time away from work and potential loss of future earning capacity are evaluated when calculating the damages.
Pain and Suffering: The physical pain, emotional distress, and diminished quality of life resulting from the TBI are taken into account. This factor is more subjective but is an essential component of non-economic damages.
Impact on Daily Life: The extent to which the TBI affects the victim's ability to carry out activities of daily living, enjoy hobbies, and maintain relationships is considered when assessing the value of the case.
Rehabilitation and Support Services: The need for ongoing rehabilitation, therapy, assistive devices, and support services such as home healthcare or personal assistance may contribute to the value of the case.
Expert Testimony: Testimony from medical experts, neuropsychologists, vocational rehabilitation experts, and economists can provide insights into the long-term effects of the TBI and its financial impact, influencing the case's value.
Contributory Negligence: If the injured party is found partially responsible for the accident or injury, the degree of contributory negligence may reduce the overall value of the case.
Insurance Coverage: The insurance policies of the parties involved, including auto insurance, liability insurance, or workers' compensation coverage, can affect the potential compensation available.
It's important to consult with a qualified personal injury attorney in New York. They will assess the unique aspects of your case, consider these factors, and provide guidance to help you seek the maximum compensation you deserve.Contact Stephen Bilkis & Associates
Traumatic brain injuries can have devastating and long-lasting effects on individuals and their families. Understanding the value of a traumatic brain injury case is crucial in seeking the compensation needed to cover medical expenses, rehabilitation, ongoing care, and the immense physical, emotional, and financial burdens that arise from these injuries. At Stephen Bilkis & Associates, we are dedicated to providing compassionate support and exceptional legal representation for traumatic brain injury victims in New York. Over the years, our attorneys and of counsel have secured over $1 billion in compensation for clients who were seriously injured due to the negligent or willful actions of others. Let us be your trusted advocates, guiding you through the legal process and helping you rebuild your life. Contact an experienced personal injury attorney serving New York 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.