Worldwide, a traumatic brain injury is a leading cause of death and physical disability. According to our New York Brain Injury Attorney Team at Stephen Bilkis & Associates, PLLC, a traumatic brain injury is an injury caused by acceleration, sharp blow or blunt blow to the head or a penetrating head wound. This head injury can occur in numerous ways but our New York Brain Injury Lawyer has discovered the top three leading causes of traumatic brain injury are from assault, auto accident and slip and falls.
Negligence is defined as a failure to use reasonable care resulting in the damage or injury to another party. Under New York Civil Practice L & R 1411, New York is one of only 13 states in the country that recognizes pure comparative negligence. It states that a plaintiff’s damages will be reduced by their own liability, but they will not be barred completely. This means that even if the plaintiff had a hand in the accident causing injury, they would still be able to recover.
In order for a claim of negligence to exist, there must be four elements present. The defendant must have had a duty to the plaintiff. A duty arises where the law recognizes a relationship between the plaintiff and the defendant. Due to their relationship, the defendant is obligated to act in a particular way. This duty must have been breached, by a mistake or error in judgment. This breach must have causes, or contributed to the accident causing injury, and the plaintiff must have suffered damage. Although the World Health Organization estimates that the majority of head injuries are mild, even the mild injuries can result in life-changing brain damage, physical disability and impairment. The symptoms of a traumatic brain injury show a great range, a skull fracture can cause serious and permanent injuries and possibly a wrongful death.
An occipital fracture is a fracture that occurs at the back of the head and it occurs as a result of a high-energy blunt trauma. A slip and fall may cause this type of skull injury. This type of head injury is especially common in work-related falls such as a fall from a ladder or other construction accident. It is important to note that in New York Labor Law 240 states that construction workers who repair or erect a building at a high elevation are entitled to certain safety devices and special provisions at work. If a worker does not receive this and are injured, in addition to worker’s compensation through their employer, they are also able to recover against a third party who was responsible for their supervision. If it can be proven that the party knew, or should have known of the dangers involved, they can be brought into a lawsuit.
If you are suffering from an injury that occurred at work, you need the help of our New York Brain Injury Lawyer at Stephen Bilkis & Associates, PLLC. We will help you with the complicated process of a workers compensation claim, in addition to any other potential claims for your injury.
The injury can show mild symptoms such as neck pain, headache, restricted movements, loss of consciousness and no neurological problems. Although these symptoms can demonstrate a mild injury, they can also indicate a severe injury. Other indications of an occipital fracture or other traumatic brain injury may include dizziness, nausea, loss of coordination, poor memory and slurred speech.
A car accident or other high velocity vehicular accident is also a leading cause of an occipital fracture. If you are the victim of a motor vehicle accident, you need an experienced New York Occipital Fracture Injury Lawyer to handle your case. At Stephen Bilkis & Associates, PLLC, we will hold the offending party responsible for their negligence and will fight to get you an award of monies for your pain and suffering, medical expenses, impairment, disability and loss of wages.
If you have been injured, it is important to take prompt action and contact our legal team. In New York, there are specific time deadlines which must be followed in order to preserve your claim. This is known as the statute of limitations and is set forth in NY CPLR 214-a. The time deadline will depend on the cause of action involved. If you were injured due to a negligent act for instance, you would have three years from the date of your injury to file a complaint, pursuant to NY CPLR 214(5).
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