The team at the Law Office of Cohen & Jaffe, LLP understands how devastating a traumatic brain injury can be. Not only have we secured multi-million-dollar settlements for brain injury patients in the past, but our founding partner is a certified brain injury specialist.
You can begin a free case review today. During our conversation, you can learn more about partnering with our team in Valley Stream and learn more about your case’s potential.
You Must File Your Case Within the Statutes of Limitations
How long you have to file your traumatic brain injury case will depend on how you were hurt. For instance, if you suffered a traumatic brain injury due to medical malpractice, you could have two years and six months to file your lawsuit, per CVP §214-A.
However, if you were injured in a slip and fall or car accident, you could have just two years from the date of your accident to file your lawsuit, according to CVP §214.
Some traumatic brain injuries have fatal consequences. Right now, you may be researching how you can file a wrongful death lawsuit on behalf of a late loved one. In this case, you would have two years from the date of your loved one’s passing to file, according to EPT §5-4.1.
What Happens If You Fail to File Your Case on Time?
The American Bar Association (ABA) says that by neglecting to file your case on time, you could lose the right to seek financial recovery. The courts would dismiss your case, and the insurance company would have no reason to pay your claim.
We can determine how long you have to take action. However, we have to learn about the details of your case first. In some instances, the following elements could grant you more time to file your lawsuit:
- You were hurt as a minor under the age of 18.
- The at-fault party concealed their identity or fled the accident scene before they could be identified.
- You did not discover your injury until long after it was initially caused.
Let our traumatic brain injury lawyers serving Valley Stream determine how long you have to take action. Even if you are afraid that the deadline is approaching in your case, you should still consider reaching out to our team.
Examples of Damages You Can Recover for a TBI
You can recover the cost of both your economic and non-economic damages after suffering a traumatic brain injury or losing a loved one. We will determine your case’s value based on numerous aspects of your situation.
Economic Damages Relate to Your Monetary Losses
Your economic losses are those that can be backed up with supporting information, like invoices and receipts. Specific examples include:
- Property damage expenses (if you were injured in a car accident, for example)
- Medical bills, accounting for your past, present, and necessary future expenses
- Lost wages, bonuses, tips, and promotions
- Loss of future earning ability
- Physical therapy
- Mental health counseling
- Funeral expenses
Non-Economic Damages Do Not Have Tangible Value
Your non-economic damages are intended to pay for your physical pain and other related hardships. Examples include:
- Pain and suffering
- Loss of enjoyment of life
- The loss of limb
- Loss of consortium
- Loss of parental guidance and household benefits
There is no average settlement for traumatic brain injury cases in Valley Stream, NY. That is because many of these cases are settled through insurance settlements, which are confidential.
How Our Attorneys Can and Will Investigate Your Case
We are more than just lawyers. We are listeners. We also have medical backgrounds. But perhaps most importantly, we are investigators. We know what channels we must go through to get evidence that supports your case.
Some information that we can utilize includes:
- Testimony from eyewitnesses, accident reconstruction specialists, and healthcare professionals
- Security camera footage (or traffic camera footage, depending on how you were hurt)
- Your medical records
- Statements from your doctor
- Photos of the accident scene
- Your imaging scan results
- Information from your physical therapist
- The names of your medications
We Must Be Able to Prove Negligence to Help You Win Your Case
As noted, the ABA says that we must prove negligence in your case for it to succeed. Using the evidence, we find we must:
Show That the At-Fault Party Owed You a Duty of Care
The at-fault party in your case could be a property owner, medical professional, or negligent driver. We must prove that they had a legal obligation to keep you safe.
Prove That the At-Fault Party Violated Their Duty of Care
Either by driving carelessly, failing to properly read lab test results, or creating unsafe conditions, we must show that the at-fault party failed to keep you from getting hurt.
Establish That the At-Fault Party Caused Your Accident
By reading the police report and speaking to witnesses, we can learn more about the details of your accident, including how it happened.
Show That You Have Losses Related to the Accident
Finally, we must prove that because of the accident, you have financial, psychological, and physical losses.
If we can prove all of the elements we listed above, you could recover compensation for a slew of damages.
Call the Attorneys at the Law Office of Cohen & Jaffe, LLP to Learn More
The path to financial recovery starts with a single phone call to (516) 358-6900. During our conversation, we can talk about working with a traumatic brain injury lawyer serving Valley Stream and what you can expect from the legal process.