New York Traumatic Brain Damage Lawyer
The New York Traumatic Brain Damage Injury Attorney staff at Stephen Bilkis & Associates, PLLC has discovered one of the major creators of death and disability in the United States is a result of traumatic brain damage. Traumatic brain damage indicates damage to the brain created by an external force, such as skull penetration or skull fracture, indirect acceleration/deceleration forces or direct impact followed by temporary or permanent brain damage.
Traumatic brain damage is commonly induced by motor vehicle accident, assault, motorcycle accident and slip and fall. Typically, another party’s negligence leads to most of these accidents. Our New York Brain Injury Lawyer team relies on their vast knowledge and skills to preserve your legal rights and fight for an appropriate compensation award following an accident of this magnitude.
Negligence is an area of tort law that is defined as conduct that falls below a standard of care that is established by law for the protection of others against reasonable harm. In order to have a negligence claim, there must be four elements present. The defendant must have owed a duty to the plaintiff. The duty owed will depend on the relationship between the parties. For instance, a physician will owe a standard of care generally expected within their profession. This duty must have been breached in some way. This can be through the actions of the plaintiff or because of their failure to act. The accident or injury must have been caused by this breach (causation). Lastly, there must be damages to the plaintiff as a result.
It is important to note that New York is one of 13 states that recognize pure comparative negligence pursuant to New York Civil Practice L&R 1411. This law states that the plaintiff’s damages will not be barred by their liability, but only reduced accordingly.
Traumatic brain damage is usually categorized as either a penetrating traumatic brain injury or closed traumatic brain injury. Each category of traumatic brain damage encompasses different levels of severity.
Our New York Traumatic Brain Damage Injury Lawyer Team has found that traumatic brain damage can also create a variety of physical, cognitive and emotional deficiencies. A vast number of symptoms are attributed to traumatic brain damage. A traumatic brain damage victim may present a lack of motor function, dizziness, fatigue and slurred speech. Other symptoms include:
- Loss of consciousness
- Unequal pupils
Traumatic brain damage can elicit a dangerous secondary injury as well, such as diffuse axonal injury, subdural hematoma, cerebral edema, intracranial hemorrhage and stroke. Without immediate treatment, secondary injury can lead to permanent impairment or even wrongful death.
Mental evaluation assessments, like the Rancho Los Amigos Scale and the Glasgow Coma Scale, along with digital images, as produced by Magnetic Resonance Imaging (MRI scans) and Computerized Tomography (CT scans) are utilized to diagnose the severity of traumatic brain damage. Traumatic brain damage may be treated with medication. However, treatment of severe traumatic brain damage may demand emergency surgical treatment to correct a skull injury and avoid further brain damage. Physical, occupational or mental therapy is typically mandatory after treatment of traumatic brain damage or Head Injury.
Our experienced New York Brain Injury Attorney team states that traumatic brain damage may substantially change your life. The injury can alter your family and emotional well-being. The severe personal injury can lead to enormous medical bills, loss of wages or loss of physical ability. These life-changes create a tremendous strain and produce unnecessary stress. Each New York Brain Injury Attorney at Stephen Bilkis & Associates, PLLC understands the difficulties traumatic brain damage produces and will help to ease your pain and suffering.
If you or someone you love is suffering from traumatic brain damage, it is important to take action promptly. In New York there are very strict time deadlines within which you can file a claim. The amount of time allowed will be determined by what cause of action is being pursued by the plaintiff. The New York Statute of Limitations are generally set out in New York CPLR 214. (5). Contact our New York Brain Injury Lawyer team with Stephen Bilkis & Associates, PLLC for a free initial case evaluation. 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 our offices in New York City including Manhattan, the Bronx, Queens or Brooklyn.