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The Role of Violence in New York Brain Injury Cases

By Dansker & Aspromonte

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July 20, 2024

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When you hear “traumatic brain injury” (TBI), you probably think about events like falls, car accidents and construction accidents. Those incidents are, in fact, the cause of many New York brain injuries. In fact, falls are the number one reason New Yorkers in all age groups except 15-24 are hospitalized for traumatic brain injuries. However, you may be surprised to learn just how often intentional violence plays a role in TBIs.

A New York traumatic brain injury lawyer may be the best source of information about your rights if you have been injured in the Bronx, Queens, Manhattan, Brooklyn, Staten Island or anywhere else in the New York metropolitan area.

Brain Injury and Assault

According to the New York State Department of Health, assault is the #2 reason that people aged 20-44 are hospitalized with traumatic brain injuries. Assault is the #3 cause for those aged 15-19 and 45-64. Or, consolidating these figures, assault is the second or third leading cause of hospitalization for TBI among New Yorkers aged 15-64. These injuries may arise in many different contexts, including street crime, fights and incidents of domestic violence.

Violence-induced TBI may also be fatal. For children aged four and under and adults aged 20-24, homicide is the leading cause of death due to traumatic brain injury. For those between the ages of five and nine, those aged 15-19, and those aged 25-44, homicide comes in at #2. Notably, the only age group from birth to age 44 for whom homicide is not among the top two causes of fatal TBI is 10-14. In that group, suicide claims the #2 spot.

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Brain Injury Statistics in New York

Hospitalizations due to traumatic brain injury in New York have increased significantly. In 2001, the rate of hospitalization for TBI was 75.7/100,000 residents. In 2014, that rate had risen to 96/100,000, after a high-water mark of 100.5/100,000 in 2009. ER visits have spiked even more dramatically, with a rate of 359.5/100,000 in 2005 and 720.9/100,000 in 2014.

Liability for Brain Injury

When a brain injury is caused by someone else’s intentional actions, the victim will likely be entitled to recover damages from the responsible party. In the case of assault, the person responsible for the injury may not appear to have means to compensate the injured party, but that doesn’t necessarily mean that the brain injury victim will not be able to recover damages. There may be insurance coverage to compensate the victim, or a third party might share liability. One example might be the owner of a bar in which an assault occurred.

If the injury was accidental, the victim may still be entitled to compensation. If someone else caused the brain injury through negligent behavior, such as driving recklessly or failing to maintain premises in a safe manner, that person or organization may bear responsibility for the injury.

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Talk to a Brain Injury Lawyer about Your Rights

If you’ve suffered a traumatic brain injury in the Bronx, Manhattan, Brooklyn, Queens or elsewhere in the New York metropolitan area, we may be able to help. Scheduling a free consultation with a local brain injury lawyer is the first step toward pursuing the recovery you deserve. You may be entitled to damages that include:

  • Medical bills
  • Costs of rehabilitation
  • Lost wages
  • Pain and suffering

Just call 212-540-2984 or fill out the contact form on this page to get started.

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