New York Concussion Lawyer
At Stephen Bilkis & Associates, PLLC, our New York Brain Injury Lawyer Team estimates there are well over more than a million people who suffer from a traumatic brain injury (TBI) each year. The most common type of traumatic brain injury is known as concussion. Often defined as a head injury with momentary loss of brain function, concussion may result in various physical, mental and emotional symptoms. The U.S. Center for Disease Control and Prevention estimates there are more than a million concussion cases each year, with 300,000 related to sports injury.
Concussions can arise from a variety of accidents, such as a slip and fall or motor vehicle accident, bicycle accident or sports injury. Car accident, truck accident and motorcycle accident are the most common motor vehicle accidents that result in a concussion. Concussions typically result from blunt force trauma to the head or by acceleration/deceleration forces indirectly impacting the brain. If you are involved in a motor vehicle accident such as a motorcycle accident or possibly a SUV accident, contact our one of our New York Brain Concussion Injury Attorneys to discuss your legal options.
Common symptoms of concussion can consist of headache, nausea, confusion, lack of motor coordination, loss of consciousness and even convulsion. Symptoms typically subside within a few weeks, although complications may arise or worse permanent brain damage. Treatment usually involves monitoring and rest, with a gradual return to normal activities. Often, medications are prescribed to counteract the symptoms, such as acetaminophen (Tylenol) or other anti-inflammatory medication.
Concussion can be complicated to diagnose due to a commonality of symptoms related to other conditions. For example, mental problems may be attributed to brain injury when they are actually a result of post-traumatic stress disorder. A neurological examination may determine an abnormality. These examinations should include a computerized tomography (CT) and magnetic resonance imaging (MRI) scan of the head. If you injury was misdiagnosed or left untreated, you may be able to file a medical malpractice claim against your health care provider. Our experienced New York Brain Injury Lawyer Team can help you fight to hold those negligent parties liable for your injury.
Following a concussion, various pathological events may occur. The brain may enter into a state of hypermetabolism and incur a reduction of cerebral blood flow. During which time, the brain is susceptible to changes in intracranial pressure, blood flow and anoxia (decrease in oxygen level). These events may cause other symptoms and you should be under physician’s care during your recovery from a concussion.
Concussion has an almost zero mortality rate. Post-concussion symptoms are seldom permanent, and prognosis is typically excellent. However, periodically, complications can arise possibly leading to intra cerebral hemorrhage, brain swell or other permanent physical, mental or emotion deficits. Recurring concussions may result in accumulative traumatic brain damage, as in dementia or second-impact syndrome.
Often a concussion related injury occurs to the negligence of another party. This can easily happen as a result of a car accident, bike accident, or trip and fall for instance. In order for there to be a cause of action for negligence, there must be four elements present. There must have been a duty owed by the defendant. Somehow, the defendant breached or fell short of their obligation. This breach resulted in an injury to the plaintiff (causation), and the breach must have resulted in damages to the plaintiff.
Also, it is important to note that New York is one of 13 states that is considered a comparative negligence state, pursuant to New York Civil Practice L & R 1411. This code section states that the plaintiff’s damages will be reduced by their own liability, but not barred completely.
If you feel you have suffered an injury due to negligence, it is important to take prompt action. There are specific time deadlines within which you must file a claim. If you fail to observe these deadlines, you will be barred from filing a lawsuit. The statute of limitations for New York is set forth in NY CPLR Section 214-a. The time deadline for a negligence based lawsuit is three years from the date of injury.
If you are someone you love is suffering from a brain injury, contact one of our New York Brain Injury Lawyers at Stephen Bilkis & Associates, PLLC. Wet handle all types of head injury cases including: skull injury i.e. skull fracture (basal Skull fracture), blow out fracture, epidural hematoma and subdural hematoma, brain contusion, craniotomy or cerebral edema. Please call us at 1.800.NY.NY.LAW, online, or contact an office in Nassau County or Suffolk County in Long Island or one of our offices in New York City including Manhattan, the Bronx, Queens, Staten Island or Brooklyn for a consultation, free of charge.