Traumatic brain injuries have a variable effect on the life of their victims. A concussion may resolve with only minor disruptions in your day-to-day life. Other more severe injuries may see you struggle with memory, mobility, and basic motor skills.
When traumatic brain injuries result from someone else’s negligence, the frustration you feel can be overwhelming. The good news is that you have the right to take action against an offending party. You can work with a traumatic brain injury attorney in Nassau County to address the party allegedly responsible for your injury.
Meeting With Medical Experts After an Accident in New York
As mentioned, the severity of a traumatic brain injury varies from accident to accident. You or a representative need to work with medical professionals to determine to what degree you have suffered an injury and how it may impact your future.
These conversations serve myriad purposes. To start, they give you a baseline for what medical expenses may be related to the accident that caused your traumatic brain injury. In turn, you can use the bills generated by your essential medical care as part of your greater estimated compensation.
What’s more, these conversations allow both you and attending representatives to determine whether or not you can stand for your own case in civil court. There are some circumstances in which a traumatic brain injury may override a person’s right to take the stand. In these cases, New York state allows other parties to represent the injured individual.
Representing a Loved One With a Traumatic Brain Injury
Specifically, New York state does not allow family members, spouses, or affiliated loved ones to stand for an injured party in civil court. Instead, if the party in question is deemed unable to represent themselves before a judge, responsibility for legal action taken on their behalf falls to a personal representative.
If the party in question has not elected a personal representative at the time their accident occurs, don’t worry. You can work with personal injury attorneys to fill this position. Alternatively, if the injured party has no immediate representation, the state may choose to assign a representative on their behalf.
That said, parents who are addressing a child’s traumatic brain injury do have the right to represent their children in civil court. Any party interested in pursuing civil action in the wake of traumatic brain injury who doesn’t understand their right to bring a case forward should meet with a traumatic brain injury lawyer in New York to discuss the best way to proceed.
What Information to Include in a Traumatic Brain Injury Claim
As is the case with other personal injury claims, parties interested in pursuing compensation must indicate that:
- They were owed a duty of care at the time the accident occurred
- An offending party violated that duty of care, causing an injury
- The injury has caused the injured party to endure financial and/or physical losses
The best way to make the aforementioned statements is to gather evidence. You can use an array of physical evidence, testimony, and video footage, for example, to elaborate on all of the above points. Combine this data with bills generated in your pursuit of care, and you have additional means with which to defend your rights to compensation.
Estimating Your Traumatic Brain Injury Case Compensation
The compensation you can receive after a traumatic brain injury includes the medical bills you’ve endured while looking for treatments. If you have to invest in at-home care or living assistance, you can request that a liable party help you pay for those services. You can further request damages for damaged property and lost opportunities to work.
What’s more, a traumatic brain injury claim allows you to pursue compensation for non-billable damages. If you’ve endured increased stress, PTSD, declining mental health, or pain and suffering as a result of your injury, you can use multipliers to stand in for the economic value of these losses.
Finally, if you have endured the loss of a loved one due to an unaddressed traumatic brain injury, you have the right to demand wrongful death and funeral assistance from a liable party. You can work with a New York traumatic brain injury lawyer to determine how best to bring forward your claim.
Your Traumatic Brain Injury Case Deadline
It depends on the facts but some statutes of limitation time periods are as short as 90 days from the date your accident occurred so it’s important to consult with an attorney as soon as possible. With our knowledgeable attorneys by your side, you can have the confidence that your claim will be submitted on time and properly.
Bring Your TBI Case to the Law Office of Cohen & Jaffe
Should you or a loved one have to contend with a traumatic brain injury as a result of someone else’s negligence, the Law Office of Cohen & Jaffe can stand with you. Our traumatic brain injury attorneys can fight back against the negligence that resulted in your initial accident.
You can contact our traumatic brain injury attorneys in Nassau County to learn more about what rights you have in the wake of a recent accident. Request a consultation with our team of traumatic brain injury attorneys today by filling out our contact form or calling our office at 516-358-6900. Also, check out and subscribe to the Cohen & Jaffe YouTube Channel for more information about cases like yours.
For a free legal consultation with a traumatic brain injury lawyer serving Nassau County, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.