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Suing for a Brain Injury


Brain damage is one of the most devastating injuries a person can sustain in an accident. According to the CDC, traumatic brain injury is a leading cause of fatality and disability nationwide, with falls and motor vehicle accidents being among the two most common causes of hospitalization for these types of injuries. Tragically, 61,000 passed away from traumatic brain injury in 2019.

In severe cases, a brain injury can cause permanent damage, affecting your quality of life and your ability to be employed. If you suffered a traumatic brain injury due to the negligence of another, you might be entitled to compensation for your medical treatment, loss of earnings, pain and suffering, and more by filing a personal injury lawsuit.

Accidents Involving Brain Injuries

A brain injury occurs when there is a sudden physical blow to the brain. It can be sustained when the head strikes a hard surface such as a dashboard or the ground. Brain injuries can also be caused due to shaking, sudden impact, or an object piercing the skull. There are a wide variety of accidents that can result in a brain injury, including:  

  • Car collisions
  • Truck wrecks
  • Subway accidents
  • Bus crashes
  • Slip and falls
  • Trip and falls
  • Construction accidents
  • Medical malpractice

Typically, a brain injury will be diagnosed using MRIs, CAT scans, magnetic resonance spectroscopy, and intracranial pressure monitoring. While some brain injuries can be treated with pain medication and rest, they may also require much more extensive treatment depending on the severity.

Liability in a Brain Injury Lawsuit

Not every brain injury is the fault of someone else’s negligence — but many are. If you can demonstrate that the defendant owed you a duty of care which they breached by acting carelessly or recklessly, they may be held liable for the damages they caused you to suffer. For example, in a car accident, the driver who struck your vehicle may be at fault for speeding or inattentive driving. On a construction site, you might be able to hold a third party accountable for failing to provide you with an adequate helmet or other safety gear. Additionally, a property owner might be held responsible for a fall if they failed to repair a dangerous condition on the premises. 

Recoverable Damages in a Brain Injury Case

The effects of a brain injury can be long-lasting or even permanent. Consequences of brain injuries can include headaches, paralysis, chronic pain, difficulty speaking, cognitive impairment, depression, trouble walking, and other psychological, emotional, and physical effects. These kinds of symptoms can significantly impact a victim’s ability to care for themselves, be employed, conduct their daily activities, and maintain relationships with loved ones.

If you sustained a brain injury because of someone else’s recklessness or carelessness, you might be entitled to monetary recovery for your economic and non-economic damages. Economic damages can include your past and ongoing medical care and out-of-pocket expenses in connection with your treatment. You may also be compensated for your lost wages or inability to work because of your injuries.

Non-economic damages are meant to compensate you for the losses that aren’t financial. These can include the mental anguish you’ve experienced as a result of your brain injury, the suffering you have endured due to your physical pain, and your loss of enjoyment of life.

Contact an Experienced Personal Injury Attorney

If you have been in an accident due to another’s negligence and suffered a brain injury as a result, you may be entitled to compensation. A skilled personal injury attorney can assess your case and advise you of your legal rights and remedies. With over 30 years of experience representing clients who have suffered traumatic brain injuries, The Dearie Law Firm, P.C. offers knowledgeable counsel and reliable representation to help ensure you obtain the maximum compensation available to you.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County. Contact us today for a free consultation.