Brain injuries affect not only the victim, but their entire family. If you or a loved one suffered a brain injury on Long Island and you believe another person might be at fault, the Gacovino, Lake & Associates, P.C. personal injury team can help you understand the merits of your case and make an informed decision about your legal options for compensation. We can identify and collect the evidence to prove your case, file your claim, and fight for the compensation you need and deserve based on the details of your case. Call our Long Island office today at 631-600-0000 to schedule a time to discuss your case with a Holbrook brain injury attorney.
What Role Does Negligence Play in a Holbrook, Long Island, Brain Injury Claim?
New York State has personal injury laws that allow you to hold careless, reckless, or unreasonable parties responsible for the damages they cause. Let us identify the liable party in your Holbrook accident injuries, and we can file a claim or a personal injury lawsuit against them on your behalf.
You may be surprised to learn that a large number of Long Island brain injuries occur due to negligence. This can happen in a number of common ways:
Trips, Slips, and Other Falls
Most people think of falls as a minor incident hardly worth mentioning, but they are the top cause of brain injuries in the United States. And many of them boil down to negligence. Property owners have a responsibility to repair hazards on their property as quickly as possible, or adequately warn all visitors of any fall hazards. Failing to do so is negligence in many situations, and this means we can hold them liable for the damages you suffered.
Motor Vehicle Accidents
In many cases where brain injuries are minor, New York’s no-fault auto insurance law forces you to file for compensation from your own personal injury protection policy. However, if you meet the serious injury threshold because of the severity of your traumatic brain injury, we can most likely file a third-party liability insurance claim based on the at-fault driver’s liability policy.
Even if you always wear a helmet, it pays to know that head injuries still happen on motorcycles. If another motorist fails to see you or makes another driving mistake and this causes your crash, however, we can pursue compensation from them based on their auto liability policy. Unlike with car accidents, the state’s auto insurance law allows motorcyclists to file a negligence-based claim no matter how minor or severe their injuries.
Sometimes, negligence accidents are not accidents at all. We can pursue a personal injury claim even when a person intentionally attacks you. Brain injuries can occur from a number of types of violent acts, but we see clients who suffer brain injuries due to gunshot wounds, stabbings, battery, and other violent acts on a regular basis. It is important to note that our civil case has nothing to do with the criminal case against them. We can win the compensation you deserve, no matter how the criminal court rules.
Almost any type of negligence accident can cause a brain injury, and we can hold the liable party responsible in almost every negligence accident. Some of the other causes of brain injuries we handle include:
- Defective products,
- Defective medications,
- Medical malpractice cases,
- Swimming and diving accidents,
- Boating crashes, and much more.
How Can We Pursue Compensation For My Holbrook, NY, Brain Injuries?
Filing the insurance claim or personal injury lawsuit is actually the last step in a long process required to build a strong case on your behalf. Some of the steps involved in planning and investigating your case include:
- Identifying what caused the accident and the negligent party or parties;
- Determining which laws apply to your case;
- Collecting evidence to prove negligence, liability, and damages;
- Calling in any necessary experts, such as accident reconstruction specialists;
- Determining what a “fair settlement” looks like in your case;
Only after we complete these steps can we contact the insurance company and file your claim. Depending on the type of accident, the insurance company may vary. Some of the options may include:
- Their auto insurance company;
- Their homeowners’ policy;
- Liability coverage for their business;
- A malpractice insurance carrier.
When we notify the appropriate insurance company about your claim, we also present them with the evidence we collected. We also ask for a full payout to cover all your damages. Their initial response is often a counter-offer, which gives us a good way to begin negotiating a fair settlement. In most cases, this is successful, and we can recover a settlement on your behalf without having to litigate the case.
Occasionally, we do come face-to-face with an insurance company who does not mind taking a case to court. When this occurs, we are not afraid to file a personal injury lawsuit in civil court to collect the compensation you need.
What Damages Are Available Through a Long Island Brain Injury Claim?
We can recover compensation to pay for a wide range of damages for our clients. The exact losses vary from case-to-case, but there are some general types of damages we will fight for on your behalf. Some of the most common types of damages we attempt to recover for our clients include:
- Emergency transportation costs, ambulance or life flight transportation;
- Emergency department care costs;
- Inpatient care costs, including hospitalization;
- Inpatient rehabilitation expenses;
- Physical therapy, cognitive therapy, and other prescribed therapies;
- Any future medical expenses or ongoing care costs;
- Prescription drug expenses;
- The cost of any necessary adaptive and assistive equipment;
- Wheelchairs, walkers, and other mobility aids;
- Hospital beds and other medical equipment;
- Property damage, if applicable in your case;
- Pain and suffering.
How Can I Reach a Brain Injury Lawyer in Holbrook, Long Island, about My Case?
The personal injury attorneys from Gacovino, Lake & Associates, P.C. offer free case evaluations, so you have nothing to lose by giving us a call. If you believe another person’s negligence caused you or a family member to suffer a brain injury, we can help. Let us work with you to get to the bottom of the incident, identify all liable parties, understand if you have options for compensation. If we believe you have a viable case based on the details we learn, we will represent you throughout the claims process and fight for the full payout you deserve. Call us today at 631-600-0000 to schedule a time to discuss your case with a brain injury lawyer in Holbrook, Long Island.