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New Rochelle Traumatic Brain Injury Attorneys

A traumatic brain injury (TBI) is among the most serious and debilitating injuries a person can sustain. Although the causes and outcomes of TBIs vary, many TBI survivors struggle with physical, cognitive, emotional, communicative, and psychological impairments, all of which can require years of costly rehabilitation and assistance.

The New Rochelle, NY traumatic brain injury lawyers at Lever & Ecker, PLLC, have significant experience providing legal support and aggressively advocating for brain injury victims. Contact us today at (914) 350-6328 for a free consultation.  

Traumatic Brain Injury Information

A TBI results from sudden trauma, often a blow to the head, damaging a person’s brain and impairing functioning. The degree of a traumatic brain injury can range from mild to severe. A significant traumatic brain injury can cause issues with respect to cognitive skills, language, communication, sensory function, behavior, and emotion.

Brain injuries are common injuries in personal injury cases. Brain injuries can occur in car, truck, motorcycle, and slip and fall accidents in New Rochelle, New York. A traumatic brain injury significantly affects a person’s life in the long and short term. 

Types of Traumatic Brain Injury

Traumatic brain injuries can be classified in severity based on several factors. Depending on the nature of the accident and how the person injured their head, traumatic brain injury symptoms might not show up for days or weeks.

  • Mild TBI involves loss of consciousness, confusion, or disorientation for no longer than 30 minutes. Symptoms include headache, nausea, speech problems, loss of balance, and lightheadedness.
  • Moderate brain injury involves loss of consciousness that lasts just a few hours, a confusion that lasts days or weeks, or impairments that last for months. Symptoms include headache, memory issues, attention deficit, mood swings, or difficulty concentrating.
  • Severe brain injury involves extended unconsciousness or a coma. The symptoms include cognitive impairment, limited limb functioning, abnormal speech, and emotional and behavioral problems. The patient could have temporary or permanent brain damage, and might not recall what happened to them

Even for someone with mild TBI, the changes to their life can be dramatic. They might be:

  • Unable to return to work or perform a new job
  • Incapable of performing personal care and hygiene
  • Struggling with everyday communication and interaction with family, social, and community members.

The brain injury lawyers at Lever & Ecker, PLLC have advocated for the legal rights of accident victims in New Rochelle, NY, since 1990. Our lawyers fight for what is right and have empathy for the clients we serve. If you have suffered a personal injury due to another person or business’s negligence, it is essential to know if you have a case and your legal rights.

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Causes of Traumatic Brain Injury

No two traumatic brain injury cases are identical. There are accidental and deliberate incidents that can impact someone’s head. Such traumatic brain injury causing events include:

  • Falls. Falls from a ladder or bed, down the stairs, and from other heights are a common cause of TBI, particularly in older adults and young children.
  • Vehicle collisions. Collisions involving cars, motorcycles, bicycles, and pedestrians can result in a TBI.
  • Violence. Gunshot wounds, domestic violence, assault, and child abuse can be causes of TBI. Shaken baby syndrome can also cause TBI in babies.
  • Sports. Traumatic brain injuries are often caused by injuries from various sports, including soccer, football, baseball, boxing, hockey, and other high-impact sports. These are common causes of TBIs in youth.
  • Explosive blasts and other combat injuries. Explosive blasts are a common cause of traumatic brain injury in active-duty military personnel.

Time is sensitive in traumatic brain injury cases. A time constraint governs all personal injury cases for filing a lawsuit, known as the statute of limitations.  To recover damages in a personal injury case, you must file within the time parameters, or you will be unable to obtain monetary damages from the responsible party. Contact the experienced attorneys at Lever & Ecker, PLLC in New Rochelle immediately after a TBI accident to ensure that the statute of limitations does not expire and we can preserve your rights.

What Kinds of Compensation Can I Recover for a Traumatic Brain Injury Claim in New Rochelle, New York?

Treatment for a brain injury victim can be complex and extremely expensive. Under New York State law, you have the legal right to seek financial recovery if your brain injury results from someone else’s carelessness, negligence, or recklessness.

Non-Economic Damages

If you are the victim of a TBI, you may recover non-economic damages from the at-fault person or company for pain and suffering, loss of consortium/services of a companion/spouse, loss of enjoyment of life, and the like.

Economic damages 

Economic damages that you can recover include:

  • Medical Expenses, such as hospital, surgical, and ambulance costs
  • Rehabilitation Costs, such as physical therapy, nursing care, and related expenses
  • Lost Wages or Income lost due to your injury
  • Diminished Earning Capacity or the reduced ability to earn future income
  • Property Damage or destruction, damage, or loss of property

Negligence

Most injury claims arise because one or more parties acted negligently. Negligence is behavior that:

1) falls below the standard of care expected of a reasonable person, and

2) causes harm to another person.

The legal elements of negligence that the plaintiff must prove to recover are:

  • Duty. The defendant must owe some legal duty of care to the plaintiff. For example, a vehicle driver owes a duty of care to the other drivers on the roadway.
  • Breach. The defendant must have breached their legal duty of care, such as a driver who fails to yield the right of way or otherwise drives improperly.
  • Causation. The defendant must have caused the plaintiff’s injuries by the breach of their duty of care. This element is often evident in injury cases. For example, causation is typically not in question if the defendant’s car rear-ends the plaintiff’s car.
  • Damages. The plaintiff must incur monetary damages resulting from the incident. Damages include non-economic things like pain and suffering, loss of companionship, and loss of consortium/services. Damages also include calculable economic items, such as medical bills, lost income, lost earning capacity, and property damage. 

Lever & Ecker, PLLC treats its New Rochelle, NY clients with dedication and compassion. In every traumatic brain injury law case, we take care of the legal process while keeping you informed of the progress of your case at every step. We will evaluate your accident to establish that the liable party owed you a duty of care and failed to act appropriately.

Why Choose our New Rochelle Traumatic Brain Injury Lawyers?

At Lever & Ecker in New Rochelle, NY, we have 60+ years of combined experience litigating all types of personal injury cases, including on behalf of victims of traumatic brain injury. The judge or jury will decide if the negligent or “at-fault” individual or entity is responsible for paying these damages in civil court.

In many situations, we enlist investigators and experts to help prove the defendant’s negligence and assist in building a solid case. Our experienced lawyers evaluate different ways to present your case. Then we decide which methods will maximize the compensation you can receive from the defendant, as appropriate, under the facts and the law. 

Lever & Ecker, PLLC will work diligently to represent individuals and their families who have suffered and experienced unfortunate situations where the careless acts of others have caused them significant physical or emotional harm.  As New Rochelle personal injury lawyers, it is our job to determine who may be responsible for your injuries and then work to ensure that the wrongdoers are held liable under applicable laws.

Contact a Traumatic Brain Injury Lawyer in New Rochelle

At Lever & Ecker, PLLC, our New Rochelle personal injury lawyers are dedicated to helping victims recover compensation for their damages. With 60+ years of combined legal experience, we have a highly successful track record on behalf of our clients.

We protect your interests from the time you contact us until the resolution of your case. When you require a New Rochelle personal injury attorney, contact us for a free consultation of your case or call us at (914) 350-6328.

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