The Centers for Disease Control and Prevention (CDC) reported 2.5 million ER visits involved a traumatic brain injury in 2010. Of these cases, more than 50,000 resulted in death. Any accident, from car crashes to slip and falls, can cause a brain injury. You may be entitled to compensation if you can prove your injury resulted from another party’s negligence. A New York brain injury lawyer from Buttafuoco & Associates can help: 1-800-NOW-HURT.
Causes of Brain Injuries
The CDC stated car accidents caused approximately 14.3 percent of all TBIs from 2006 – 2010. Striking your head against a solid object or being struck by something caused another 15.5 percent of accidents. Falls were the most common cause of TBIs, accounting for 40.5 percent of all injuries in that time.
Brain injuries occur differently for different accident types:
- In car and truck accidents, a brain injury can occur if your head hits something inside the car such as the dashboard, door, or even the headrest.
- In motorcycle and bicycle accidents, you may sustain a brain injury when your head contacts the pavement or another object.
- In slip and falls, you might suffer a TBI when your head hits the ground.
- In construction accidents, brain injury can occur due to falls or dropped objects or debris.
What are the effects of brain injuries?
Doctors grade traumatic brain injuries (TBIs) as mild, moderate, or severe.
The most common type of TBI is a concussion (mild TBI). While concussions can have adverse effects, such as headaches, nausea, and dizziness, moderate or severe TBIs can result in:
- Loss of vision
- Balance issues
- Emotional problems (e.g., anger, anxiety, depression)
- Bleeding of the brain
Short- and Long-term Damages from Brain Injuries
Mild brain injuries will typically resolve without any long-term damage. You might need a few days to recover fully from the brain injury, while moderate brain injuries might require several weeks to resolve. Severe brain injuries often lead to permanent brain damage and disability.
A severe brain injury can impair a person’s ability to:
- Think clearly
- Remember things
- Perform basic motor skills
- Control bodily functions
- Maintain consciousness
People who survive severe brain injuries are unlikely to return to their previous quality of life. Many brain injury survivors are confined to wheelchairs and must rely on the help of others to meet their daily needs. Even the damage from a moderate brain injury could cause a person to be unable to return to his previous job.
Can I recover compensation for my TBI?
Whether you can recover compensation for your TBI depends on a few factors. First, you are only eligible to recover compensation if you can prove your injury was the result of another party’s negligence.
If you are able to prove it, you will likely be able to recover compensation but it is important to note that your level of fault will determine how much compensation you can recover.
For example, if you suffered your TBI when you slipped and fell in a puddle at a grocery store, you may be able to hold the store manager liable for your injuries if he knew about the puddle but did not clean it up or place a wet floor sign near it.
However, if you were distracted at the time of your injury (e.g., texting) and you did not see the puddle, you may be partially at fault for your injuries.
If an investigation finds that the store manager was 70 percent liable for your injury and you were 30 percent liable, you would only be able to recover 70 percent of your settlement (e.g., if your settlement was worth $100,000, you could recover $70,000).
What can I recover?
You can recover economic and noneconomic damages in your claim. Economic damages include:
- All medical expenses (both past and future)
- Lost wages
- Future lost wages
- Missed business opportunities
- Funeral expenses (if the brain injury results in the death of a loved one)
Noneconomic, or emotional, damages include compensation for pain and suffering endured from the accident, loss of enjoyment of life, and loss of consortium if a loved one is permanently disabled or killed.
Buttafuoco & Associates helps New York accident victims seek justice for the accidents and injuries resulting from another party’s negligence. Call us at 1-800-NOW-HURT to schedule your free consultation.