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Our Brain Injury Lawyers Can Help
Every day, individuals in New York suffer brain injuries that can drastically alter their lives. From concussions to severe traumatic brain injuries (TBI), the path to recovery can be long and complex. But the team of experienced NYC brain injury attorneys at Hecht, Kleeger & Damashek, P.C. understand the science and legal nuances of these cases. We are dedicated to helping victims navigate the aftermath, aiming to secure the compensation necessary for medical treatments, lost wages, and more.
Brain injuries come in many forms, and range in severity from relatively mild head injuries to traumatic brain injuries (TBI):
Concussion
Concussions usually occur from a blow to the head that negatively affects normal brain function. While concussions sometimes cause temporary unconsciousness, it is not seen in every case. The symptoms are usually temporary and may include headaches, problems with concentration, memory, balance, and coordination. Concussions can occur from:
Workplace accidents
Car accidents
Fall accidents
Falling Objects
Acquired Brain Injury (ABI)
Acquired brain injuries refer to harm to the brain that occurs after birth. Such an injury is not hereditary, congenital, degenerative, or induced by birth trauma. According to the Brain Injury Association of America, examples of ABI include:
Stroke
Near Drowning
Aneurysm
Tumor
Infectious disease (such as meningitis)
Lack of oxygen (like caused by a heart attack)
Traumatic Brain Injury (TBI)
TBIs happen when there is a violent blow to the brain or skull caused by an external force. TBI can be permanent and disabling. The severity of symptoms will depend on which part of the brain is affected, and the extent of the damage. In mild cases, temporary confusion and headache may occur. Serious TBIs can result in unconsciousness, amnesia, disability, coma, loss of motor functions, long-term impairment, and even death.
TBIs are often seen after serious:
Falls
Assaults
Motor vehicle accidents
Construction accidents
Nearly 400 incidents of TBI occur every day in New York, and 2,000 deaths from TBI occur yearly. Almost 20,000 New York residents are hospitalized for traumatic brain injuries and more than 112,000 visit emergency departments for brain injury treatment. Those most at risk for TBI are children under four and those over 85. Males are at greater risk for TBI than females.
The effects of brain injuries, especially TBI, cross the spectrum of day-to-day activities. Your ability to communicate, work, properly feed, dress, or groom yourself could be affected. You may have to give up driving for some time, maybe permanently. You could even lose your job due to a lifelong disability.
Long-Term Medical Needs & Costs of a TBI
The long-term costs and impact of a traumatic brain injury (TBI) can be profound and multifaceted. Financially, patients may face up to $3 million in lifetime medical expenses according to Northwestern University’s Feinberg School of Medicine, covering immediate needs like surgery and hospitalization, and long-term care including ongoing medical and psychological treatment. These costs are compounded by the need for physical and rehabilitative therapy, in-home care, assistance with daily activities, medical equipment, and medications.
Diminished Capacity
Beyond direct medical expenses, TBIs often lead to diminished cognitive abilities, sensory impairments, motor function decline, emotional and behavioral challenges, and reduced social and occupational skills. Such complications can necessitate frequent healthcare across various specialties, significantly inflating medical costs.
Future Health Issues
Furthermore, TBIs increase the risk of additional medical conditions like Alzheimer’s disease, Parkinson’s disease, seizures, pneumonia, and infections, each requiring its own treatment and contributing to the overall financial burden.
Reduced Earning Ability
The non-medical implications of a TBI are equally significant. Victims may face reduced earning capacity or inability to work, diminished quality of life, and dependence on others for care. Family members often assume caregiver roles, leading to indirect costs like loss of income for the household. These factors collectively underscore the comprehensive and long-lasting impact of TBIs on individuals and their families.
Recovery from a brain injury can be a prolonged journey. Depending on the circumstances, you may have the right to pursue compensation for a brain injury caused by negligence, but the first step in making a brain injury claim will be to review your situation with a qualified NYC personal injury lawyer.
With decades of experience and hundreds of millions of dollars recovered for brain injury victims, Hecht, Kleeger & Damashek, P.C. is here to answer your questions, support you, and fight to get everything you need.
Our legal team will handle every aspect of your brain injury claim, so you can focus on your health:
Identify the Responsible Parties
HKD will thoroughly review the details of your traumatic brain injury (TBI) to identify all liable individuals or entities. Our comprehensive investigation may involve collecting surveillance footage, medical records, and eyewitness accounts to establish fault.
Deal with Insurers
We skillfully navigate the complexities of negotiating with insurance companies about your brain injury claim, ensuring they don’t undervalue your losses. Our goal is to secure full and fair compensation for all current and future losses resulting from your TBI.
Maximize Compensation
HKD is dedicated to obtaining the maximum compensation you deserve. We account for all economic and non-economic damages, understanding the significant and ongoing impact a TBI can have on your life.
Advocate for Safety a& Justice
By holding the negligent parties accountable, we aim not only to secure your financial recovery but also to advocate for safer practices that prevent future brain injuries, contributing to a safer New York City.
Types of New York Brain Injury Cases We Handle
Traumatic Brain Injuries (TBIs) in New York City can arise from a myriad of situations, from everyday occurrences to catastrophic events. But after suffering any significant head trauma or brain injury, your job is to do everything you can to recover from your injury, or to support your family member to recover. You should not be battling insurance companies or collecting mountains of medical bills.
At Hecht, Kleeger & Damashek, P.C., our skilled NYC personal injury attorneys have vast experience in managing TBI claims related to:
Our brain injury attorneys also represent surviving family members after TBIs in New York result in tragic loses. If your spouse, parent, or child was lost due to brain injury, call us right away to discuss your rights, options, and the possibility of filing a wrongful death lawsuit.
If another party is responsible for the brain injury accident that led to your loss, a wrongful death claim may allow you to recover compensation for your funeral expenses, medical costs, grief and emotional distress, loss of compensation and benefits, your loved one’s companionship, and more.
We understand the complexity of these cases and are equipped to handle the unique challenges that come with advocating for TBI victims. If you or a loved one has suffered a brain injury, contact HKD today for a complimentary, risk-free case evaluation.
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
Proving Negligence & Recovering Compensation for a Brain Injury
Proving negligence and establishing liability in a case involving a traumatic brain injury (TBI) typically involves demonstrating that the injury was the result of another party’s action or inaction.
The key elements to prove in a TBI claim include:
Duty of Care: The responsible party had a duty to act prudently to avoid causing harm to others. For example, drivers have a duty to follow traffic laws and employers must ensure a safe workplace.
Breach of Duty: The duty of care was breached through action or inaction. This could be a driver operating a vehicle recklessly or an employer not providing adequate safety gear.
Causation: The breach directly caused the TBI. For instance, if an accident resulted from a reckless driver, and that accident led to a head injury, causation would be established.
Damages: As a result of the negligence, the injured person suffered damages. This includes physical injuries like a TBI, as well as financial losses and emotional distress.
For a TBI claim, proving negligence may involve showing:
Direct Negligence: Someone’s direct action led to an incident causing the TBI, like a violent collision due to speeding.
Awareness of Risk: The responsible party knew about a potential risk but did not take measures to prevent harm, such as failing to fix known safety hazards that result in a TBI.
Reasonable Foreseeability: The liable party should have reasonably foreseen the risk that led to the TBI, like not providing helmets on a construction site.
For guidance on whether your TBI claim meets these elements of negligence, contact a New York TBI lawyer at Hecht, Kleeger & Damashek, P.C.
What’s the Value of a NYC Brain Injury Claim?
Since head trauma and brain injuries often result in physical discomfort, sensory deficits, cognitive impairment, and changes in mood or behavior, the impact on your and your family’s life can be tremendous. Even mild head injuries can lead to years of recovery and rehabilitation. Everyday tasks can seem impossible when the brain does not function as efficiently as it once did. This can result in staggering medical costs, lost wages, and other various expenses that may last the rest of your life.
It can be hard to know how to tackle such a dire situation, but you have options to consider. When another party’s negligence causes a brain injury, you can file a personal injury claim to receive compensation for you or your loved one’s damages. Whether it is through a brain injury settlement or lawsuit, by working with a skilled NY brain injury lawyer, you can seek fair and full recovery for your:
Medical Bills
Lost Wages
Pain and Suffering
Emotional Distress
Disability
Disfigurement
Lower Quality of Life
Reduced Earning Potential
At Hecht, Kleeger & Damashek, P.C., we are proud to have recovered significant sums for many brain injury victims. However, there is no way to tell the potential value of a brain injury claim without speaking to an attorney. To discuss your circumstances and what you can expect from a brain injury claim, call us right away.
What Should I Do Immediately After Sustaining a Brain Injury?
After a brain injury, it’s crucial to seek medical attention right away, even if symptoms seem minor. Documenting the incident, preserving evidence, and contacting a brain injury lawyer can also help protect your rights and prepare for a potential claim.
Who Can Be Held Liable for a Traumatic Brain Injury (TBI)?
Liability for a TBI may rest with various parties, including drivers in vehicle accidents, employers for workplace incidents, manufacturers of faulty products, or entities responsible for unsafe public areas. Determining liability often requires a detailed investigation into the circumstances of the injury.
How Is Compensation Calculated for Brain Injury Claims?
Compensation for a brain injury claim may include medical expenses, rehabilitation costs, lost income, loss of earning capacity, pain and suffering, and other damages. The specific amount depends on the injury’s impact on the victim’s life and future.
Can I Claim for a Brain Injury If It Wasn’t Immediately Apparent?
Yes, symptoms of a brain injury may take time to manifest. It’s essential to pursue a claim as soon as the injury is discovered, as legal time limits still apply. Consult with a brain injury lawyer to understand the appropriate steps.
Contact Our NYC Brain Injury Attorneys Today
Brain injuries can be devastating for the victim, their family, friends, and co-workers. Brain injury claims are also complicated legal matters. The treatment you need may be extensive, and insurance companies know these are typically expensive claims to pay out. That’s why they are often reluctant to pay what’s fair. Whether you need to pursue a personal injury claim for a work injury TBI or a concussion from a car accident, you need a veteran New York brain injury attorney.
At Hecht, Kleeger & Damashek, P.C., our attorneys know how to deal with the insurance companies and their representatives. We will fight for the brain injury compensation you deserve so that you can heal and provide for your family while doing so.
Set up a free, no-risk consultation. There are no up-front fees, and you owe nothing until we win compensation for you.
