Brain injuries affect victims and their families in a variety of ways, from a trip to the emergency department and a few days away from work to permanent physical and cognitive impairments. Severe traumatic brain injuries often require months of therapy and rehabilitation, and victims often need ongoing care for the rest of their lives. This leaves the rest of their family trying to support their loved one while also juggling significant medical bills.
If you or a loved one suffered a severe brain injury through another person’s careless or reckless behavior, a brain injury lawyer in Oakdale, Long Island could help you file a claim for compensation. Call Gacovino, Lake & Associates, P.C. today at 631-600-0000 to schedule a free consultation with one of our attorneys.
What Is the Process Like to Collect Compensation for My Injuries?
Before we can file a claim to collect compensation for you, we need to investigate your case. This requires us to take some steps, including:
- Identifying the at-fault party or parties
- Determining the applicable laws
- Collecting evidence to prove liability
- Documenting your damages
- Enlisting the help of any necessary expert witnesses, such as accident reconstruction specialists
After we complete the preliminary work on your case, we can file a claim with the liable party’s insurance company. This may be their auto, homeowner’s, business, or malpractice insurance carrier, depending on how your injuries occurred. We present their insurer with our evidence and ask for compensation to cover your damages.
The insurance company usually responds with a counter-offer, beginning the settlement negotiation process. Reaching a fair settlement at this point is common.
Only occasionally do we encounter an insurance company that refuses a fair offer. This leaves us with no option but to pursue a personal injury lawsuit in civil court on your behalf. There is no reason to feel stressed or worried if we need to litigate your case. We will be by your side, guiding you through the process and representing you in court. The judge will determine how much you will receive based on the evidence we present.
What Damages Are Available Through a Brain Injury Claim?
The types of damages you may receive from a brain injury case depend on the severity of your injuries, as well as other factors. Some of the most common we request on behalf of our clients include:
- Emergency transportation costs, such as ambulance transportation
- Medical bills
- Costs related to hospitalization and inpatient rehabilitation
- Physical therapy, cognitive therapy, and other prescribed therapies
- Future medical expenses
- Ongoing care costs
- Prescription drug costs
- Expenses related to adaptive and assistive equipment
- Wheelchairs and other mobility aids
- Hospital beds and other medical equipment
- Property damage, if applicable
- Pain and suffering, and other emotional damages
What Are Some Common Causes of Brain Injury?
New York State allows you to file a claim or a personal injury lawsuit against a person whose negligence caused your injuries. Many brain injuries occur purely by accident or because of the victim. But there are still a number of ways negligence leads to these injuries. Some of the most common scenarios we see with our clients include:
Trips, Slips, and Other Falls
According to the CDC, falls were a top cause of traumatic brain injuries in the country in 2013, beating out even car accidents. Brain injuries can occur when you slip and fall and hit your head on the floor or another object, or by falling from a height. Either of these incidents can occur because of negligence. Property owners are responsible for repairing or warning of fall hazards as soon as possible. If they fail to do so within a reasonable time, we can file a claim holding them financially accountable for your injuries.
Motor Vehicle Accidents
In the case of a minor brain injury, New York’s no-fault auto insurance scheme limits you to filing a claim based on your own personal injury protection policy. If you suffer a more serious brain injury that leaves you with permanent impairments, however, you likely meet the state’s serious injury threshold. This allows you to file a claim based on the at-fault driver’s auto insurance policy, holding them accountable for their actions.
Motorcycle accidents can lead to traumatic head injuries, even if you are wearing a helmet. By their very nature, motorcycles offer little protection from injuries in a crash. Luckily, motorcyclists are exempt from New York State’s no-fault auto insurance law. This means we can file a claim and hold the at-fault driver liable for your damages no matter how serious your injuries.
When a person injures you intentionally, we can pursue a personal injury lawsuit against them to cover your medical bills and other related expenses. Unfortunately, we often see clients who suffered gunshot wounds, stabbings, beatings, and other violent attacks. We can sometimes hold the perpetrator accountable through a financial settlement or award, even if the criminal justice system allows them to walk away thanks to a plea deal or acquittal.
There are also some other ways negligence can lead to a brain injury in Oakdale. We also handle brain injuries caused by defective medications, medical malpractice cases, product defects, swimming and diving incidents, boating crashes, and more.
We offer free case reviews, so you have nothing to lose if you believe another person’s negligence caused you or a family member to suffer a brain injury. We can help you understand the cause of the accident, and determine if you have any options for compensation based on the facts of your case. If so, we can represent you throughout the process, and recover the money you need to pay your bills and cover your losses.
How Can I Reach a Brain Injury Lawyer in Oakdale, Long Island About My Case?
The personal injury attorneys at Gacovino, Lake & Associates, P.C. know how complex brain injury claims can be.Call us today at 631-600-0000 to set up a time to discuss your story with one of our attorneys. We offer complimentary consultations and handle all brain injury cases on a contingency basis.