What is Considered a Traumatic Brain Injury?
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slips and falls
- Construction accidents
How Much Time Do You Have to File a Brain Injury Claim in NY?
According to the New York personal injury statute of limitations, you must file your TBI claim within three years of the accident date. If you wait too long to hire an attorney, they may not have access to all of the evidence you need to prove your claim.
There also are exceptions to the three-year deadline. For example:
- If your loved one died of a TBI, the deadline is reduced to two years for a wrongful death claim.
- If a government entity is responsible for the TBI, you must file a Notice of Claim within 90 days, and you only have a year and 90 days to file your claim.
Compensation You Can Receive in a Birth Injury Claim
Compensation for a traumatic brain injury may include economic and non-economic damages. Economic damages are compensation for your injury’s financial costs, including current medical expenses, future medical expenses, diminished earning capacity, and the cost of domestic services you can no longer provide for yourself. Non-economic damages are compensation for your subjective losses, including:
- Pain and suffering
- Emotional distress
- Disability
- Loss of enjoyment of life
- Loss of bodily functions
- Loss of society
Compensation if a Loved One Dies from a TBI
A New York wrongful death claim allows you to recover damages for your family’s financial losses related to the death, including the following:
- The probable lifetime income of your loved one were it not for the accident
- Funeral and burial expenses
- Lost business opportunities
- The estate’s diminished value
You can also seek recovery of the economic and non-economic damages that would have been available to your loved one in a personal injury action had they survived. This is known as a survival action. Damages in a survival action may include your loved one’s medical expenses and pain and suffering.
How Much Is a Brain Injury Lawsuit Worth?
Following a serious accident, many people want to know: How much is my case worth? There is no easy answer to this question. Personal injury claims must be assessed on a case-by-case basis. Before you think about settling a brain injury claim, you need to compile all of your medical bills and put together a comprehensive treatment plan.
Do Not Settle a Brain Injury Claim for Less Than You Deserve
Insurance companies often pressure accident victims to settle quickly. Do not accept an early offer from an insurance company without consulting a reputable TBI lawyer. An early settlement is likely to fall short of covering your long-term costs. Generally, a fair and reasonable TBI settlement includes future medical care, lost wages, and other expenses.
How a Brain Injury Lawyer (And Expert Witnesses) Can Help
Defendants and insurance companies often take advantage of the ambiguous nature of future medical costs. Indeed, these parties are notorious for undervaluing ongoing costs and long-term damages. With an experienced New York catastrophic injury attorney on your side, you can be sure that the full extent of your damages will be properly documented and accounted for. In many cases, expert witness testimony will be used to establish the severity of the brain injury and the realistic cost of future medical and rehabilitative treatment.
How Much Does a TBI Lawyer Cost in New York?
We offer a free, no-obligation case evaluation to accident victims who suffered traumatic brain injuries. If we proceed with your case, there is no upfront cost to work with us. If we successfully resolve your claim, we will collect a percentage of your compensation as our fee. You only pay if we win. This is known as a contingency fee agreement, and it means you risk nothing by working with our talented New York traumatic brain injury attorneys.
