A traumatic brain injury (TBI) can leave victims with long-lasting hardships that impact the course of their day-to-day lives. When these serious injuries occur due to accidents caused by negligence, victims may have an opportunity to seek legal recourse in the form of an insurance settlement or personal injury lawsuit. At Dansker & Aspromonte Associates, our Brooklyn brain injury legal team has decades of experience fighting for accident victims. If you retain us to help you, we will immediately get to work building your case for a substantial financial recovery. The sooner you contact us, the quicker we can get to work investigating your case and securing evidence which may include the following:
- Obtaining all police, accident or incident reports
- Locating accident scene photographs and video footage if available
- Interviewing all witnesses
- Consulting with accident reconstruction experts
- Requesting hospital and medical records
- Retaining medical experts to evaluate the past and future effects of your injuries
- Demanding sworn statements of the at-fault parties
- Conducting an economic analysis of the financial effects of your accident
We offer a free initial case review, during which we encourage you to share the details of your accident and injuries with us. If you delay in seeking legal representation, you may damage your rights to the financial recovery you deserve. To get started, call Dansker & Aspromonte Associates at (212) 732-2929. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee if your case results in a financial recovery.
Understanding TBIs and Their Effects
The Centers for Disease Control and Prevention (CDC) states that TBIs are caused by “a bump, blow, or jolt to the head that disrupts the normal function of the brain.” The CDC has found that 48% of all TBI-related emergency room visits were caused by falls in 2014.
However, TBIs can occur in a variety of situations, including:
- Construction and workplace accidents
- Motor vehicle and bicycle accidents
- Premises liability accidents, including slips or trips and falls
- Nursing home abuse or neglect
- Medical malpractice
MedlinePlus lists additional causes for TBIs, such as sports injuries, being struck by an object, and child abuse. MedlinePlus also found that adults 65 years and older have the greatest risk of facing hospitalization or even death following TBIs.
The Impact of a Brain Injury
A TBI affects each person differently. Some people are able to recover from their injury with no complications, while others suffer lifelong disabilities.
According to the Mayo Clinic, some impairments following a TBI include:
- Issues with memory and cognitive function
- Sudden, unexplained mood changes
- Chronic feelings of depression or anxiety
- Issues with mobility and coordination
- Problems with talking, such as slurred speech
- Odd sensations in different parts of the body
- Vertigo
- Seizures
- Head pain or chronic headache
At Dansker & Aspromonte Associates, we have been fighting for brain injury victims for decades, We want to hear how your injury occurred so that we can determine how to assist you. Call us today.
Brain Injury Treatment Options
Following any type of injury, you should seek prompt medical care. Sometimes, TBIs do not present symptoms right away. Mayo Clinic reports that some brain injuries, like concussions, may not present symptoms until up to 10 days following your accident. Not only can seeking medical care promote your health, but it can also start the process of documenting your condition and building a strong claim.
According to the National Institute of Neurological Disorders and Stroke (NINDS), some treatment options for people suffering from TBIs include:
- Blood tests to evaluate the extent of your injury
- Controlling blood flow to help the brain get oxygen
- Brain surgery
- Skull and neck x-rays
- Computed tomography (CT) scans
- Rehabilitation, which could include physical, occupational or cognitive therapy
Our team understands that, right now, you might be worrying about how your medical bills will be paid or how you will be able to support yourself and your family if your injuries prevent you from working. When you work with a Brooklyn brain injury lawyer, we will fight for you to receive reimbursement for all of your economic damages so that you can concentrate on your own recovery.
Establishing Negligence and Liability
Your legal team will need to prove that your injuries were ultimately caused by negligence of another party. Based on the evidence in your case, you must show that the party responsible for your injuries did not act in the way that another reasonable person in the same position would have.
There are four elements that go into establishing negligence and liability.
They include:
Duty of Care
Our Brooklyn brain injury lawyer will need to demonstrate that the responsible party in your case had a duty of care to you when the accident took place. For example, all motorists have a duty of care to not operate their vehicle in a careless or reckless fashion. Property owners have a duty of care to keep certain areas safe for everyone on their property.
Breach of Duty of Care
We must show that the other party violated their duty of care by employing reckless or careless actions. For instance, texting and driving is considered a breach of duty of care because it has the potential to cause harm to others.
Causation
Our legal team needs to show that the liable party’s actions directly contributed to the happening of the accident. In order to prove this element, we can review photos from the accident scene, interview witnesses, assess traffic surveillance footage, and consult with experts in accident reconstruction.
Damages
Finally, we will need to show that you have physical and economic damages stemming from the accident in which you were injured. Proof of these damages could come in the form of your testimony, medical records, testimony from your doctors, medical bills, and work records. The following is a list of the types of damages that you may be entitled to:
- Pain and suffering for all physical and emotional injuries
- Future pain and suffering if your injuries are deemed permanent
- Loss of enjoyment of life
- Past and future medical expenses
- Past and future lost earnings
- Loss of pension benefits
- Any other type of financial loss associated with your injuries
The Brooklyn brain injury lawyers from Dansker & Aspromonte Associates will fight for the maximum financial compensation available for you while you recover from your injuries. If we feel that the at-fault party does not negotiate in good faith and offer full, fair, and just financial compensation we will present your case to a jury at trial. To learn more about building your personal injury case, call Dansker & Aspromonte Associates today at (212) 732-2929.
Seek Justice for Your Brain Injury with Dansker & Aspromonte Associates
If you or a loved one in Brooklyn recently suffered a brain injury caused by negligence, call Dansker & Aspromonte Associates today. Since 1988, we have been serving injured parties who have suffered due to the misconduct of others. In one of our successful cases, we recovered $50 million for a family whose child suffered a brain injury after receiving the wrong dose of anesthesia.
Our law firm represents clients throughout the New York City metropolitan area, including Manhattan, Brooklyn, Queens, Staten Island, the Bronx, as well as Nassau and Suffolk Counties. To get started with a free consultation, call Dansker & Aspromonte Associates at (212) 732-2929. Don’t delay. Your time to file a claim for compensation is limited. If you fail to bring your claim within the deadline, you may be forever prevented from receiving the compensation you deserve.