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New York Anoxic Brain Injuries Lawyer

While there are many types of debilitating injuries to the brain, an anoxic brain injury is among the most dangerous. Anoxic brain damage is caused by lack of oxygen to the brain. This type of brain injury is so dangerous because without oxygen brain cells begin to die after a mere 4 minutes. If the brain is deprived of oxygen for a longer period of time, the victim will become “brain dead” and ultimately will pass away. Anoxic brain injuries are sometime caused by pool accidents, medical negligence, and other preventable accidents. With years of experience representing injured victims, the New York anoxic brain injury lawyers at the Law Offices of Stephen Bilkis & Associates are well aware of who even a mild anoxic brain injury can impact a victim’s long-term health and financial well-being. We are here to help.

Common causes of anoxic brain injuries

The most common reason for a victim to suffer a lack of oxygen to the brain is where the victim’s airways are blocked so that he (or she) cannot breathe. For example, if the victim is involved in a swimming accident and nearly drowns, he may suffer an anoxic brain injury due to the water filling his lungs. Similarly, if a victim is suffocated due both the mouth and nose being obstructed, then oxygen would not be able to travel to the brain. Choking can also obstruct breathing.

In addition, certain noxious fumes can lead to an anoxic brain injury such as carbon monoxide. Carbon monoxide deprives cells in the body and the brain of oxygen. For example, a car running in an enclosed space and lead to carbon monoxide build up, as can blocked flues in a fireplace. Fumes from certain paint removers as well as from some cleaning fluids also contain carbon monoxide.


18-year-old Jack was wading in a hotel swimming pool. He was careful to stay in the shallow end as he was not able to swim. Unbeknownst to him there was a deep slope in the floor of the pool where the depth changed from 4 feet to 9 feet. There were no markings on the side of the pool indicating depth, and the markers at the bottom of the pool were so faint they were practically unreadable. Jack tried desperately to make his way back to the shallow part, but was unable to. By the time someone was able to pull him out of the pool he was unconscious and not breathing. Chest compressions and CPR were immediately performed. It was too late. Jack had suffered severe brain damage. With the help of a New York anoxic brain injuries lawyer, Jack’s parents filed a claim against the hotel claiming negligence.

Pursuing compensation for an anoxic brain injury

Not all brain injuries that result from the lack of oxygen are actionable. In order to be awarded damages for such an injury, there must be evidence of negligence. For example, in the case of a swimming accident, there must be evidence that the accident occurred because the pool was not properly marked or because there contained some other unsafe condition that could lead to an accidental drowning. If the brain injury occurred due to exposure to a carbon monoxide, you must show that the premises owner or manager failed to ensure that the property was safe and free of hazards.

As an anoxic brain injury attorney in New York will explain, damages available through a medical malpractice or personal injury claim are dependent on the extent of the injury and the actual losses suffered by the victim. For example, if the lack of oxygen to baby resulted in cerebral palsy, then the medical bills could be significant and lifelong. Similarly, if the anoxic brain injury in adult resulted in permanent injuries such that the victim was no longer able to work, then the damages would likely include not only medical expenses, but also lost wages and loss of future earning potential. In addition to medical expenses and loss wages, another compensable loss for which you can demand payment is pain and suffering. Pain and suffering damages compensate injured victims for the physical and emotional stress caused from an injury. Because an anoxic brain injury leaves victims with permanent deficiencies and often shortens life, victims of anoxic brain injuries typically have valid claims for pain and suffering damages.

Contact the Law Offices of Stephen Bilkis & Associates

If you or someone you know was serious in an accident that resulted in an anoxic brain injury, contact an experienced anoxic brain injury attorney serving New York who understands both the legal issues associated with personal injury cases as well as the medical and emotional issues associated with a serious injury to the brain. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling personal injury and wrongful death cases stemming from medical mistakes, vehicle accidents, and construction accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.