New York Traumatic Brain Injury Lawyer
The New York Traumatic Brain Injury Attorney team at Stephen Bilkis & Associates, PLLC places traumatic brain injury among the major causes of disability and death nationwide. Traumatic brain injury refers to brain damage induced from an external force, such as direct impact, indirect acceleration/deceleration impact or skull penetration (inducing a skull fracture or skull injury) followed by a temporary or permanent impairment and brain damage. A traumatic brain injury typically falls into two categories, closed traumatic brain injury and penetrating traumatic brain injury. At Stephen Bilkis & Associates, PLLC, our New York Brain Injury Lawyer staff has found that the intensity of injury varies within each type of traumatic brain injury.
The more common causes of traumatic brain injury include a slip and fall accident, motor vehicle accident, physical assault and motorcycle accident. Most often these accidents occur as the result of someone’s inattention or carelessness. Our New York Brain injury Lawyer staff has the knowledge and refined skills to prove your claim against the negligent party and protect your legal rights to compensation for any head injury or spinal injury.
Negligence is defined as conduct that falls below a general standard of care that was established by law for the protection of others against reasonable harm. The standard of care in any given situation will be determined by the relationship of the parties. If the relationship is one of a doctor and patient for instance, the doctor will be held to a standard of care that is expected in their profession.
In order to have a cause of action for negligence, several elements must be present. The defendant must have owed a duty to the plaintiff. This duty was somehow broken or breached. This can be due to the actions of the defendant or because of their failure to act. This breach was a cause of the injuries suffered by the plaintiff (causation), and the plaintiff has incurred damages.
New York is one of thirteen states that recognizes pure comparative negligence. This is set forth in New York Civil Practice L&R 1411. It states that the plaintiff’s damages will be reduced by their own liability, but not barred completely.
Our experienced New York Brain Injury Lawyer division has discovered that traumatic brain injury can lead to a myriad of physical, mental and emotional deficits. There are numerous symptoms associated with a traumatic brain injury. A traumatic brain injury victim may exhibit temporary loss of consciousness, nausea, confusion, along with:
- Lack of motor function
- Unequal pupils
- Slurred speech
Traumatic brain injury may produce severe secondary injury as well, as in an intracranial hemorrhage, diffuse axonal injury, cerebral edema or subdural hematoma. Secondary injury can complicate and prolong recovery and even promote the risk of wrongful death.
Diagnosing the severity of traumatic brain injury requires the use of mental capacity evaluation assessments, such as the Glasgow Coma Scale and the Rancho Los Amigos Scale, along with digital imaging exams, like Computerized Tomography (CT scans) and Magnetic Resonance Imaging (MRI scans). In some cases, treatment of a traumatic brain injury may only require medication. On the other hand, severe traumatic brain injury may require emergency surgical treatment to repair and hinder further brain damage. Traumatic brain injury typically requires some form of physical, mental or occupational therapy following treatment.
Traumatic brain injury can have a substantial impact on your daily life, family system and emotional dynamic. These impacts create further strain by inducing stress, confusion and frustration. The impacts coupled with the loss of wages and high medical bills substantially decrease your quality of life. Each New York Brain Injury Attorney at Stephen Bilkis & Associates, PLLC understands the tribulations associated with traumatic brain injury and may be able to help get your life back on track.
If you or someone you love is suffering from traumatic brain injury, head injury or another form of personal injury, 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 Westchester, Queens, Staten Island, Manhattan, the Bronx or Brooklyn.