New York Car Accident Brain Injury Lawyer
Throughout the New York area, thousands have suffered from serious injury, including brain injury or spinal injury, caused by a car accident. Our New York Car Accident Brain Injury Lawyer group states that in 2008, more than 1,100 suffered fatal injuries, out of approximately 300,000 total car accidents.
At Stephen Bilkis & Associates, PLLC, our New York Car Accident Brain Injury Lawyer staff has years of experience in helping people recover after suffering an injury caused by a car accident, bicycle accident, auto accident, truck accident or SUV accident. If you are suffering an injury, including a traumatic brain injury, due to a car accident, contact our law firm to discuss your legal options.
Common reasons for car accidents include violations of New York’s traffic regulations, distracted driving and drinking and driving or diving under the influence of drugs. The causes for a car accident are mostly attributed to the negligence, recklessness or carelessness of one particular driver. Contact our experienced New York Injury Lawyer staff to discuss who is likely at fault regarding your accident. The lawyers at Stephen Bilkis & Associates, PLLC will not only aid you with the insurance claims, but will also help you in getting the compensation you need to help recover from your injury and deal with your property damage.
A car accident can cause a wide range of severity of injuries. The injury can range from a mild contusion to a more severe traumatic brain injury. A traumatic brain injury or head injury occurs when an individual receives a sudden blow or shock to his or her head. This blow can cause a disruption or, otherwise, impair the brain’s function. The brain injury can range in severity from severe, which can include a coma or necessitate a brain surgery to a mild injury, which can cause a brief period of unconsciousness or contusion. A car accident may cause brain damage in an isolated area or in more than one area.
Any victim of a car accident will tell you that it does not matter how minor the accident might have appeared. Serious injuries can result from a minor accident. Drivers and passengers can suffer from soft-tissue injury, spinal cord damage, burns, whiplash, broken bones, paralysis and even wrongful death. Our New York Car Accident Brain Injury Lawyer group will examine your case and will help you deal with the insurance companies to ensure that you are getting fairly compensated in relation to your property damage and physical injury.
Negligence is defined as conduct that falls short of reasonable standards for protecting an individual from a foreseeable risk of harm. In order to have a cause of action for negligence, 4 elements must be present in your case. The defendant must have owed a duty of reasonable care to the plaintiff under the circumstances. This duty must have been breached in some way, either by a failure to act appropriately under the circumstances, or because of a mistake. The breach by the defendant must have caused injury to the plaintiff, and the plaintiff must have suffered damages as a result.
If the negligent act resulted in a wrongful death, there are certain elements that must be present as defined in New York Estates, Powers and Trust Code, Part 4.
- There must be a death
- Caused by the wrongful conduct of the defendant
- Survived by one or more parties
- There are damages that the estate can recover.
- NY EPT Law 5-4.3 sets forth that amount of recovery that a plaintiff can obtain in a wrongful death action which includes:
- Medical expenses
- Lost wages between the time of injury and death
- Value of support and services
- Value of parental nurturing, care and guidance to surviving child
- 9% interest on damage award
- Lost inheritance suffering by surviving children
If a loved one or if you have been involved in a car accident that has resulted in a brain injury, other physical injury or property damage, contact the skilled attorneys at Stephen Bilkis & Associates, PLLC for a free consultation. You can find us online or by calling our toll-free number at 1.800.NY.NY.LAW, or contact an office in New York in Westchester County, in the New York City area in Manhattan, the Bronx, Queens, Staten Island, or Brooklyn or in the Long Island area in Nassau County or Suffolk County. In addition to car accident injury, our staff is experienced with handling other personal injury claims such as motorcycle accident, slip and fall, medical malpractice, truck accident and many more.