Brain Injury Attorneys in Rochester, NY

What Is a Traumatic Brain Injury?

According to Brainline.org, a website dedicated to brain injuries and PTSD, an estimated 2.8 million people suffer a traumatic brain injury (TBI) each year in the U.S. An estimated 50,000 of those injuries are fatal, while 282,000 require hospitalization. Most TBIs are mild. They usually result from a concussion. However, some are severe and may have a lasting impact on a person’s health and livelihood.

The brain is a vital and complex organ with many different parts that each have a specific and crucial function. The brain controls our ability to walk, talk and eat. It also controls our breathing, heart rate and blood circulation. We process information, make decisions, access memories and feel emotions through critical brain functions. When a functional section of the brain (or lobe) is harmed, the damage can significantly impact the individual’s life.

While the skull protects the brain, this sensitive organ can still suffer severe damage in an accident. According to the Brain Injury Association of America (BIAA), any penetrating injury, jolt or blow to the head that disrupts brain function could be classified as a traumatic brain injury. Symptoms can range from mild to severe. Independent function of the brain could be impacted for a short or long period of time.

How Do Most Brain Injuries Occur?

Brain injuries can occur in many different ways. Some common causes include:

• Motor vehicle accidents
• Slips, trips or falls
• Workplace accidents
• Recreational accidents
• Accidents in the home.

A brain injury can be either a penetrating injury or a closed one. A penetrating injury happens when an object pierces the skull and causes damage to the brain. A closed injury occurs when the brain is jostled in the skull due to a blow to the head, whiplash or another non-penetrating incident.

Unfortunately, the brain can be damaged after an accident, especially if bleeding occurs inside the brain (known as intracranial hematoma), a trauma-related infection develops (subdural empyema) or nerve damage occurs (diffuse axonal injuries). That is why it is crucial to seek immediate medical attention after any injury to the head. The sooner you seek treatment, the better chance you will have of getting an immediate diagnosis and corrective care.

Common Symptoms of Brain Injuries

• Headache
• Nausea
• Vision problems
• Irritability
• Confusion
• Depression

Some of the more severe symptoms that might indicate a traumatic brain injury include:

• Skull fractures
• Bleeding
• Loss of consciousness
• Convulsions
• Changes in the pupils
• Fluid draining from the nose, ears or mouth.

A diagnostic study like an MRI or CT scan can help a doctor to quickly determine the severity of a catastrophic injury. Any delay in diagnosis could prove to be harmful or even fatal. So, you should seek prompt medical treatment right away if you or someone close to you has been involved in an accident of any kind.

How Do You File a Brain Injury Lawsuit in New York?

If you or a loved one suffered a brain injury due to someone else’s negligence or an intentional act, you could be eligible to recover damages through a personal injury lawsuit. This type of civil action may allow you to recover vital compensation that could help you pay for your medical expenses, therapy and other out-of-pocket expenses during your recovery. It could also cover your loss of earnings and other damages if the injury is expected to have a lasting impact on your life.

To file a lawsuit, you should first consult with an experienced Rochester brain injury attorney at Powers & Santola, LLP, right away. Your lawyer will discuss the specific details of your case and will let you know what options are available to you. Your lawyer will investigate your accident, collect vital evidence and identify any and all parties that are responsible or share responsibility for the accident.

Your attorney will negotiate with the responsible party’s insurance provider to pursue a settlement that will cover all of your current and future expenses. If the insurance company denies your claim or refuses to offer a fair amount, your lawyer will be ready to pursue your personal injury claim at trial, if necessary.

To prevail in a brain injury lawsuit, your lawyer will have to prove that the injury was caused by the other party’s negligence. This means demonstrating that:

• The other party owed you a duty of care, which means a reasonable level of care that would prevent you from being harmed.
• The party breached that duty in some way.
• The other party’s actions caused your harm.
• You suffered an actual injury and incurred expenses due to the injury.

Do I Need a Brain Injury Lawyer?

A brain injury can have a lasting impact on your life, your health and your finances. With so much on the line, why risk handling your case alone? Without specific legal experience and knowledge of how injury claims are negotiated and litigated, you expose yourself to the risk of an insurance company taking advantage of you.

Remember, the insurance company’s goal is to make money. Even though an insurance company may act concerned, the insurer ultimately is responsible for its bottom line. The insurance company will do everything it can to pay you as little as possible for your claim or deny it altogether. Far too many people end up accepting a low settlement offer simply because they want the money and don’t know what they are entitled to recover in compensation.

Don’t let this happen to you. An experienced brain injury attorney at Powers & Santola, LLP, will be able to evaluate your case and let you know what you are entitled to recover in compensation. Your lawyer will then work to gather all of the relevant evidence that supports this position and fight for every penny of compensation you are owed.

The difference between what an insurance company will offer an injury victim and what they are actually entitled to is often shockingly far apart. Don’t settle for less than you are owed. Turn to an experienced attorney for help getting the compensation and justice you deserve.

What Damages Can You Recover?

A brain injury lawyer is trained to evaluate a claim, identify the liable parties and seek full and fair compensation on a client’s behalf. As part of that process, the lawyer may consult with medical experts who can verify the costs of treatment and the lasting effects that the victim will be forced to deal with moving forward.

Your attorney at Powers & Santola, LLP, will be on your side – not the insurance company’s side. The attorney will look out for your best interests and seek to protect your future. Your lawyer will have experience with handling brain injury claims and fight aggressively to recover damages such as:

• Current and future medical bills
• Treatment, therapy and future living assistance
• Lost wages and diminishment of future earnings
• Loss of enjoyment of life
• Loss of consortium
• Pain and suffering
• Punitive damages (in cases of exceptional misconduct).

If your loved one died as a result of a TBI, surviving family members can seek to hold the responsible party accountable through a wrongful death lawsuit. Damages recoverable through a wrongful death claim include funeral and burial expenses, loss of support, loss of inheritance and more.