Value of an Anoxic Brain Injury in New York

An anoxic brain injury, also known as cerebral anoxia or hypoxic-anoxic injury, occurs when the brain is deprived of oxygen for a significant period. This lack of oxygen can lead to damage to brain cells and can have severe and lasting consequences on a person's cognitive and physical functioning. Anoxic brain injuries can have profound and long-lasting effects on individuals and their families. In New York, determining the value of an anoxic brain injury requires a careful evaluation of the physical, emotional, and financial impact on the victim's life. At Stephen Bilkis & Associates, our experienced team of New York personal injury lawyers understands the complexities involved in assessing the true value of these injuries. We are dedicated to fighting for the rights of individuals who have suffered anoxic brain injuries, seeking fair compensation for medical expenses, rehabilitation costs, lost wages, pain and suffering, and other damages. Because of our unwavering commitment and expertise, our attorneys and of counsels have secured over $1 billion in compensation for our clients who suffered serious injuries.

To get an idea of the range in value for spine injury cases, the following cases are examples. Based on these examples, the average verdict for a serious spinal injury is over $7,000,000.

Case: Ramratan v. Shih, 2018 N.Y. Slip Op. 33089 (N.Y. Sup. Ct. 2018)
Accident Type: Wrongful death
Verdict: $3,920,000
Case Summary: The decedent was being treated for uterine cancer. Following surgery, the decedent had a build up in her breathing tubes causing her to suffocate. The asphyxiation put the decedent into cardiorespiratory arrest, causing the decedent to suffer an anoxic brain injury. She passed away from the anoxic brain damage approximately three weeks later.

Case: In re Doe, 53 Misc. 3d 829 (N.Y. Sup. Ct. 2016)
Accident Type: Medical malpractice
Verdict: $7,100,000
Case Summary: Due to complications associated with her pregnancy and childbirth, Jane Doe went into cardiac arrest during an unsuccessful intubation, resulting in respiratory failure, and anoxic encephalopathy (loss of oxygen to the brain). As a result, she suffered anoxic brain damage and spastic quadriparesis (the contraction of her four extremities due to irreversible muscular and tendon damage). As a result, Jane Doe was left in a persistent vegetative state.

Anoxic brain injuries can result from various types of accidents in New York, each with its unique circumstances and causes. Understanding these accidents can help individuals recognize potential risks and take necessary precautions to prevent such devastating injuries. Here are some common types of accidents that can lead to anoxic brain injuries in New York:

Cardiac Arrest: Sudden cardiac arrest, often caused by underlying heart conditions or heart attacks, can result in anoxia if the heart stops pumping effectively, leading to a lack of oxygen supply to the brain.

Near-Drowning Incidents: Accidents involving submersion in water, such as swimming pool accidents, boating accidents, or bathtub incidents, can lead to oxygen deprivation if the person's airway is obstructed or if they remain underwater for an extended period.

Choking: Inhalation of foreign objects or food blockages can cause asphyxiation and subsequent anoxic brain injury if prompt intervention is not provided.

Severe Respiratory Problems: Respiratory conditions, such as asthma attacks, severe allergic reactions, or complications during surgeries, can result in oxygen deprivation if the airways are compromised or if there are complications in breathing.

Carbon Monoxide Poisoning: Inhalation of carbon monoxide gas, often due to faulty heating systems, gas leaks, or car exhaust in enclosed spaces, can lead to anoxia as carbon monoxide binds to hemoglobin, reducing the oxygen-carrying capacity of the blood.

It is important to note that each case is unique, and the specific circumstances surrounding the accident will impact the potential for anoxic brain injuries. If you or a loved one has suffered an anoxic brain injury due to such accidents, it is crucial to consult with an experienced New York personal injury lawyer who can assess the circumstances, gather evidence, and help pursue a rightful claim for compensation.

When determining the value of an anoxic brain injury, two key factors come into play: the extent of the injury's impact on the victim's life and the economic damages resulting from the injury. The first crucial factor is the profound impact of the injury on the victim's life. An anoxic brain injury can result in significant cognitive impairments, memory loss, personality changes, physical limitations, and emotional distress. The severity and long-term consequences of these impairments are carefully evaluated to determine the true value of the injury. The impact on the victim's ability to perform daily activities, maintain relationships, pursue employment, and enjoy a fulfilling life are thoroughly considered. The need for ongoing medical care, rehabilitation, therapy, and assistance also plays a vital role in assessing the value of the injury.

The second important factor is the economic damages incurred as a result of the anoxic brain injury. This includes medical expenses for past and future treatments, medications, rehabilitation services, and specialized therapies. Additionally, the loss of earnings or reduced earning capacity due to the injury is taken into account. Other economic damages may include the cost of assistive devices, home modifications, and necessary long-term care.

To determine the full value of an anoxic brain injury, it is essential to consult with an experienced personal injury attorney in New York. They will carefully assess the impact of the injury on the victim's life and gather evidence to calculate the economic damages. With their expertise, they will fight for fair and just compensation that takes into account the profound consequences and economic losses associated with the anoxic brain injury.

With our compassionate approach, unwavering commitment, and expertise in personal injury law, the team at Stephen Bilkis & Associates will fight tirelessly to protect your rights and advocate for your best interests. We will work closely with medical experts, gather the necessary evidence, and provide skilled representation throughout the legal process. If you or a loved one has suffered an anoxic brain injury in New York, do not hesitate to contact an experienced personal injury attorney serving New York today 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.