New York City ranks at the top in the list of largest cities in the United States, with an estimated population of 8,190,209. Traumatic brain injury is a challenging and complicated disease requiring an acute care setting.
Unfortunately, despite advancements in medical technology in monitoring and guiding treatment, there is always an increased risk of disability or death during treatment.
As per New York health department data, around 400 incidents of traumatic brain injury happen daily in New York State. Traumatic brain injuries can occur due to a sudden blow on your head, and it may entitle you to compensation from a lawsuit.
If you are a traumatic brain injury victim, you should consult traumatic brain injury lawyers in New York City to file a lawsuit against the guilty. Here is the process of filing a case for traumatic brain injury.
- Know the Legal Basis of Your Case
As per recent data, traumatic brain injuries result in 19000 hospitalizations in New York residents every year. Before filing the lawsuit, you need to establish the theory on which the lawsuit will be based.
This will dictate what you need to prove to get the desired compensation or settlement amount. The attorney will help identify the legal basis for the claim and help you gather evidence to support the claim.
- The Severity of the Brain Injury
Traumatic brain injury lawyers in New York City will study the brain injury medical case papers to determine and categorize the injury. The brain injury is either classified as mild, moderate, or severe. The compensation amount is related to the severity of the brain injury and its effect on your life and earning capacity.
- Moderate to Severe Traumatic Brain Injury
As per recent accident data, New York State records around 112,000 emergency departments by New York State residents each year. The injury symptoms are crucial to your lawsuit and would be presented as evidence in court.
Some of the physical symptoms of brain injury are loss of consciousness and headache that may last for a few minutes or a few hours. Pupil dilation of one or both eyes, vomiting, seizures, numbness, and leakage of fluid from the ears or nose are symptoms of traumatic brain injury and should be documented in the accident and medical report.
Some mental symptoms of traumatic brain injury are abnormal behavior, restlessness, slurred speech, and other disorders. The attorney will study your medical reports to see if the brain injury has permanently changed your behavior, body, or brain.
- Mild Traumatic Brain Injuries
You should not ignore mild traumatic brain injuries as they can also result in some damage to your body. For example, you may experience speech problems, increased sensitivity to light or sound, headache, dizziness, or other symptoms.
The attorney will ensure that the doctor has a well-documented brain injury report to strengthen the compensation claim.
- Establish and Prove the Theory of Negligence
Most brain injuries lawsuits are based on the theory of “negligence.” As a plaintiff, you need to prove the defendant failed to act with reasonable care towards you after brain injury.
The lawyer will show the court the defendant’s action or inaction was the cause of your brain injuries. Your attorney will provide facts and evidence to prove the injuries and losses suffered by you due to the defendant’s negligence.
To sum up, these are some steps to be taken in a traumatic brain injuries lawsuit. A lawyer can help you get maximum compensation while you recuperate in the hospital.