Doctor holding brain scans

What to Know About Traumatic Brain Injuries and Personal Injury Claims

Traumatic brain injuries are scary for all involved and can have life-changing effects on victims, their family, and friends. If you or a loved one have suffered a traumatic brain injury, you may have the opportunity to pursue a personal injury claim.

What is a traumatic brain injury?

A traumatic brain injury, often referred to as a “TBI,” generally results from a sudden, severe blow or jolt to the head or body. An object penetrating the brain can also cause a TBI. A concussion can be considered a TBI.

Symptoms of a TBI vary, as TBIs range from mild to severe. They may include, but are not necessarily limited to:

  • Headaches
  • Nausea or vomiting
  • Blurry vision
  • Dizziness
  • Sensitivity to light or sound
  • Loss of consciousness
  • Confusion

Symptoms usually subside, but depending on the severity of the brain injury, long-term effects are common, including:

  • Migraines
  • Memory loss
  • Visual changes
  • Issues with balance
  • Depression and anxiety
  • Mood swings
  • Cognitive impairment
  • Issues with speech

A TBI can bring about many mental, emotional, and physical health issues and result in significant medical and rehabilitation bills. 

Incidents Resulting in TBI Personal Injury Claims

Traumatic brain injuries are a result of many different types of incidents that can lead to personal injury cases. These incidents include:

  • Car/truck/motorcycle accidents
  • Pedestrian accidents
  • Premises liability accidents, like slip and trip and falls
  • Accidents caused by defective products

If your accident occurs as a result of someone else’s action or inaction, you may have legal options. Discuss your situation with a personal injury attorney for legal guidance.

Can I recover financially from a traumatic brain injury?

Every case is unique, and your ability to pursue compensation for your TBI rests on the details of your case. However, in many instances, you can seek compensation for your brain injury.

If your TBI resulted from an accident caused by another individual, you may be able to sue or otherwise pursue a claim against them for financial recovery. 

Damages serve to compensate victims for their economic and non-economic losses. Economic losses are those easier to assign a value to, including:

  • Past and future medical bills
  • Rehabilitation costs
  • Lost wages
  • Lost earning capacity

Non-economic losses, on the other hand, are intangible losses, making them more difficult to quantify. These can include:

  • Pain and suffering
  • Mental and emotional distress
  • Loss of enjoyment of life

Damages can be challenging to calculate, and you may be unaware of how much you’re owed without assistance from attorneys and medical experts working with them. Cases involving traumatic brain injuries are particularly tricky, because you may need extensive or future medical treatment, requiring more compensation. 

A personal injury attorney in New York can thoroughly review the details of your case to determine its value and help ensure you receive maximum compensation for your TBI.

Statute of Limitations for Traumatic Brain Injuries in New York

If you wish to sue for your injuries, you have only a certain amount of time to do so. Statutes of limitations exist to restrict the time a plaintiff has to file a lawsuit.

For example, in New York, the general statute of limitations for personal injuries arising out of negligence is three years from the date of the injury. The statute of limitations is shorter if the claim is based on medical malpractice, or asserted against a municipal defendant.

If you fail to act within the allotted time, you are unlikely to be able to recover damages for your injuries. Therefore, it is imperative you speak with a New York personal injury attorney as soon as possible to make sure your case is handled in a timely and competent manner. 

Consult with a New York Brain Injury Attorney

The Kohan Law Group has significant experience handling personal injury claims involving TBI throughout New York, including Long Island (Nassau County and Suffolk County). We fully understand the consequences a traumatic brain injury can cause, and we’re ready to help protect your right to fair compensation. 

Our firm handles every case with the individualized attention it deserves, working diligently toward the best possible outcome.

Contact our office today to schedule a complimentary consultation, and let’s discuss how we can help you.