The cost of your traumatic brain injury (TBI) — emergency expenses, medications, recovery bills — should not be your responsibility if the injury was caused by someone else.
Whether you were injured on a Westbury road, at work, or on the football field, a traumatic brain injury lawyer with the Law Office of Cohen & Jaffe, LLP, can help with your case and determine if you are eligible for compensation.
What Kind of Compensation Can You Receive for a TBI Case?
Like all personal injury cases, TBI damages generally fall under a few categories:
- Medical bills
- Lost wages
- Recovery costs
- Pain and suffering
- Loss of consortium
How much you receive in each category is based on your unique bills.
Compensation for Past, Present, and Future Economic Losses
TBI medical expenses can be high due to diagnostic testing, hospitalizations, and rehabilitation costs. According to the Mayo Clinic, you may need to undergo:
- Frequent evaluations
- Physical therapy
- Occupational therapy
- Speech and language therapy
- Psychological counseling
You could receive compensation to defray those costs. Likewise, prescriptions for painkillers, anti-seizure medications, antidepressants, or anti-anxiety medications could be eligible for reimbursement through your damages.
Moreover, not only is treatment costly, but work losses can also be substantial. Mayo Clinic recommends taking time off from work or hobbies that require any cognitive activity, even for mild brain injuries. Unlike a broken arm, which can be limiting but allow you to do other aspects of your job, even a mild TBI can leave you unable to work. Replacing those lost wages could be part of your damages.
Compensation for Non-Economic Damages
Some losses are not easily replaced, such as the negative impact on your quality of life, the trauma of sustaining the injury, or the changes to your lifestyle. These aspects are covered under damages for pain and suffering and loss of consortium (companionship). We seek an amount that adequately compensates you for having to navigate life with a TBI.
How We Calculate How Much Compensation You are Entitled to
In addition to tallying up your bills and projecting your losses over time, some of your damages will be dictated by specific factors in your life. Those factors include:
- Health history
- Impact on your job
- Length of injury
- Severity of injury
- Effect on relationships
- Mental health
- Long-term costs
- Expert consultations
The Mayo Clinic stresses that elderly adults are more at risk for TBIs. In fact, in New York, 14 percent of fall injury hospitalizations of older adults are due to TBIs, according to the New York Bureau of Occupational Health and Injury Prevention. Young children are also at risk, according to MedlinePlus. Both age groups may therefore have higher hospital bills, as well as additional complications not faced by others.
This is one example of how other factors of your life can dramatically impact your case’s damages. We evaluate several angles to identify areas of your life that make you eligible for compensation, from hobbies you can no longer enjoy to vocational training to return to work.
How Can a Lawyer Help You with Your TBI Case?
A traumatic brain injury lawyer with our firm plays a number of roles when helping pursue your Westbury lawsuit or claim. We take on these roles in order to build your case:
- Intermediary: We talk to insurance adjusters and other parties for you.
- Translator: We explain complex legal jargon and paperwork.
- Negotiator: We review and discuss settlement offers.
- Investigator: We gather evidence, such as photos and medical records.
- Interviewer: We consult experts and eyewitnesses.
- Researcher: We dig into the negligent party’s background and history.
- Supporter: We help schedule appointments and arrange transportation.
- Planner: We prepare to take your case all the way to court if necessary.
When you hire a lawyer from the Law Office of Cohen & Jaffe, LLP, you gain more than just someone to file your paperwork. We keep you apprised of your case’s progress on a regular basis, fight for you to receive damages even if it means going to court, and back you up in the everyday struggles of receiving the treatment you need.
We Can Help You Prove Negligence
Traumatic brain injuries happen when the head is suddenly struck or jolted. As a result, negligent causes of a TBI may vary, including:
- Motor vehicle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall
- Being struck by an object
- Sports accidents
- Construction accidents
- Workplace accidents
Parties Who Potentially Caused the Accident
Identifying who is responsible in each of those scenarios is one way we help you. In the aftermath of a TBI, you may not even remember parts of your accident, let alone what exactly caused it. In some cases, this is because more than one negligent party was involved in causing your injury. Responsible negligent parties could include:
- Other drivers
- Automobile designers
- Car part manufacturers
- Maintenance workers
- Equipment installers
- Property owners
- Construction companies
- Cities, counties, states
For example, a poorly maintained piece of equipment at a worksite could cause a piece to become dislodged and hit you. An employee who fails to clean up a spill in a timely manner can be held liable. Even the designer of a car part can be negligent, failing to detect serious flaws in the design that led to your accident.
Identifying more than one negligent party can increase your possible damages. This can be especially important if one party lacks insurance or their coverage is insufficient to take care of your expenses. Identifying additional liable parties can help close the gap.
What are Your Rights Following an Accident Involving a TBI?
Some negligent parties or insurance companies may try to act like “we’re all on the same team” after an accident. However, they may not be looking out for your best interests. You have a right to consult help before agreeing to anything, including making recorded statements and agreeing to settlement offers.
Additionally, you may have the right to file a lawsuit if your claim is denied or if there can be no fair settlement agreement. In New York, you have three years from the date of the accident to file your suit, per CVP §214.
Call Our Attorneys Today to Learn About Our No-Fee Promise
The team at the Law Office of Cohen & Jaffe, LLP makes you a guarantee — your consultation is free, and we work on a contingency-fee-basis. That means we don’t get paid until we win your TBI case.
One of our traumatic injury lawyers could help. Call someone from our team about your Westbury accident today.
For a free legal consultation with a traumatic brain injury lawyer serving Westbury, call 516-358-6900