New York Cerebral Edema Lawyer

New York Cerebral Edema Lawyer

According to our New York Brain Injury Lawyer Team, a traumatic brain injury is a major cause of death and physical disability in the United States. This type of head injury happens when the head receives a sudden blow or when any external force injuries the brain. A person can slip and fall and receive a traumatic brain injury or an assault victim can have a traumatic brain damage if the victim was forcibly hit in the head with an external object such as a bat. There are many causes to these forms of injuries and the injuries can range in severity from a minor eye orbital fracture or a brain contusion to a more severe injury like a basal skull fracture or a blowout fracture.

With some of the injuries, the brain may start to swell and fill with excessive fluid. This is referred to as cerebral edema, brain edema or brain swell. This injury occurs due to excessive fluid in the brain.

Symptoms of cerebral edema can include numbness, dizziness, confusion, nausea, lack of coordination and confusion.

There are four types of cerebral edema:

  • Vasogenic cerebral edema is caused by a breakdown of the blood-brain barrier. This injury is often the result of tumors, trauma or localized swelling.
  • Cytotoxic cerebral edema happens when the blood-brain barrier does not breakdown but an improper physiological functioning causing a build-up of sodium and water within the brain. According to one of the New York Brain Injury Lawyers at our firm, this brain injury is more often seen with various triggers such as Reye’s syndrome, cardiac arrest, severe hypertension, or encephalopathy.
  • Osmotic cerebral edema occurs when blood plasma is diluted by an excessive intake of water causing the brain’s serum to be lower than the serum in the cerebral-spinal fluid. In response, water will flow into the brain causing osmotic cerebral edema.
  • Interstitial cerebral edema is similar to vasogenic cerebral edema except for the edema contains almost no protein.

When the brain swells, it can cause serious problems as the swelling results in decreased blood flow. Decreased blood flow can cause brain damage or even a wrongful death. With any type of cerebral edema, treatment can include corticosteroids, diuretics or surgical decompression.

Other causes of these injuries include car accidents, sports injuries, motorcycle accidents and work-related construction accidents. Seat belts and helmets are helpfully in preventing these types of injuries.

Often these cases occur as a result of the negligent actions of another party. Negligence is generally defined as any conduct which falls below a reasonable standard of care protecting a person from a foreseeable risk of harm or injury. There are four elements that must be present in order to have a cause of action. The defendant must have owed a duty to the plaintiff, which was breached. The breach must have been the cause of the plaintiff’s injury, and the plaintiff must have incurred damages.

It is important to note that New York is 1 out of 13 states that is considered a pure comparative negligence state. This means that if a plaintiff was also negligent, their recovery will be reduced by their degree of fault but not barred completely. This rule is set forth in NY Civil Practice L & R 1411.

Pursuant to NY EPT Law 5-4.3, in the event of a wrongful death action there are certain damages that the plaintiff may pursue which include:

  • Reimbursement of medical expenses
  • Value of support and services that deceased provided their family
  • Lost wages that would have been earned between the injury and the death
  • Value of the parental nurturing, care and guidance that was lost
  • 9% interest on damage awards
  • Any lost inheritance that is suffered by the surviving children

If you are suffering from the effects of cerebral edema, brain damage or another form of brain injury, including eye orbital fracture, blowout fracture, skull injury, or skull fracture injury contact our experienced New York Cerebral Edema Injury Lawyer team at Stephen Bilkis & Associates, PLLC to discuss your legal options. It is important not to delay. Pursuant to NY CPLR 214 (5) there are strict time deadlines that must be honored, or you could lose your right to file a claim. Contact us at 1.800.NY.NY.LAW or online to schedule your free consultation. Or stop by one of our many convenient office locations in New York, Manhattan, Bronx, Queens, Westchester County, Staten Island, or in Suffolk County or Nassau County in Long Island.

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