Every year, over 1.4 million people in the United States receive a traumatic brain injury (TBI). According to the New York Department of Health, TBI can result in long-term problems with independent function, requiring long-term care, and increased life-long expenses. In New York alone, the rate of hospitalizations for TBI is about 100 people for every 100,000 residents.
With such high levels of prevalence, and the medical and lifestyle expenses associated with this injury, it’s essential to contact an NYC traumatic brain injury attorney to file a lawsuit. By filing a lawsuit with the help of the personal injury lawyers at Hoffmaier & Hoffmaier, we’ll employ leading litigation strategies and a wide network of resources to hold the responsible individuals accountable and seek compensation.
If you were in an accident and suffered TBI, don’t hesitate and call the NYC attorneys at Hoffmaier & Hoffmaier today. Free consultations are available.
Your Legal Options for TBI
Brain injuries are often the result of severe trauma caused by an external force. Although motor accidents and falls are the most common causes of TBI, some other causes of TBI include medical malpractice, defective products, pedestrian accidents, unsafe working conditions, and more.
Despite the fact that some of these causes can be accidental, anyone injured may be entitled to pursue a legal claim and receive compensation for their injuries.
You may have a case, however, if the accident or injury was caused because of the wrongdoing or negligence of another person. For instance, if the driver violated a traffic law or a property owner neglected the upkeep of his/her property, then that person may be liable for the injuries you sustained.
Essentially, there are two types of lawsuits that you may pursue in this situation, including a personal injury lawsuit and a wrongful death lawsuit. Either way, New York does have a statute of limitations for these cases:
- Personal injury lawsuit: 3 years of the date of the injury
- Wrongful death lawsuit: 2 years of the date of the deceased person’s death
Why Consider a Personal Injury Lawsuit?
Filing a personal injury lawsuit and taking the responsible individual(s) to court is, at its core, an act of seeking justice against the wrongdoings against you (in this situation, the wrongdoing is the other person’s negligent actions that led to a preventable injury – your TBI).
On a more practical level, however, a personal injury lawsuit seeks to provide compensation for the acute care and physical rehabilitation associated with the more severe cases of brain injury. Often, a lawsuit will try to provide compensation for:
- Emergency medical treatment
- Intensive care hospitalization
- Physical therapy
- Lost working wages
- Costs of adaptive medical devices
- Follow-up doctor visits
- Mental anguish and despair
- And more…
Obstacles in an NYC Personal Injury Lawsuit
Holding another individual responsible in NY courts regarding TBI and personal injury is not easy, and there are often obstacles along the way. For this reason, it’s essential to get the legal counsel and representation of an experienced personal injury attorney who can overcome these obstacles and give your case the best strategy possible. Some obstacles may include:
- The defendant may try to minimalize the severity of the injury, or dispute that his/her actions had anything to do with causing the injury.
- Sometimes, the patient’s own therapist might not understand the gravity of the injury.
- Your attorney must provide a realistic appraisal that still covers the full extent of the injury, considering your lifetime needs, care, and assistance in daily activities.
For these reasons, among many others, it’s essential to place substantial resources into every case, including high-quality expert witnesses in multiple fields related to brain injury.
Contact the Personal Injury Lawyers at Hoffmaier & Hoffmaier
If you or a loved one was injured or killed in an accident and suffered a traumatic brain injury, it’s essential to be as diligent as possible when gathering evidence, seeking medical and specialist opinion, and filing a complete and thorough lawsuit that holds a chance in courts. With the help of the personal injury attorneys at Hoffmaier & Hoffmaier, we emphasize vigorous litigation for our clients, and we have a track record of success.
To get started on your case, call our NYC personal injury attorneys today at (212) 777-9400. Free consultations are available.