Traumatic brain injuries (TBIs) can happen in an instant and leave lasting consequences for victims and their families. From the intersections of Times Square and Midtown Manhattan to the busy sidewalks of the Financial District, the chaos of New York City comes with risks where accidents and TBIs can occur. A slip and fall on a poorly maintained subway platform or a collision with a speeding vehicle in Brooklyn can lead to life-changing injuries.
If you or someone you love has suffered a traumatic brain injury due to the carelessness of another party, you don't have to face the road to recovery alone. A compassionate New York City Traumatic Brain Injury lawyer from The Rothenberg Law Firm, LLP is ready to help you pursue justice and the recovery you deserve.
Why Choose The Rothenberg Law Firm for Your NYC Traumatic Brain Injury Claim
Dealing with the fallout of a traumatic brain injury is never easy. Medical bills begin to pile up, and the uncertainty of long-term care can be terrifying. That's why choosing the right legal advocate is crucial. The Rothenberg Law Firm has spent decades helping injured individuals and families rebuild their lives after tragedy strikes, and we take pride in treating every client like family.
When you choose us as your New York City traumatic brain injury attorney, you're not just hiring an experienced lawyer; you're gaining a dedicated team of professionals who are committed to maximizing your recovery and restoring hope during one of the most challenging times in your life.
Here's what sets us apart from the rest:
- Experience and Results You Can Trust: For over 50 years, we've successfully represented victims of personal injury in New York City, New Jersey, and Pennsylvania, securing billions in compensation to help our clients heal and rebuild.
- Trial-Readiness: While many law firms rush to settle claims, we aggressively prepare every case for trial. If justice demands it, we are not afraid to go the distance.
- Compassionate Advocacy: We understand what you're going through, and we go beyond your legal needs to help connect you with specialists, counselors, and advisers for comprehensive support.
- Client-Centered Approach: Our commitment doesn't stop at a paycheck. We aim to cultivate lasting relationships with our clients and provide advocacy they can trust.
We measure success not just by the results we achieve in courtrooms but by the difference we make in the lives of those we serve.
Understanding Traumatic Brain Injuries
A traumatic brain injury, commonly called a TBI, occurs when an external force disrupts the brain’s normal function. It may result from a blow, bump, or jolt to the head or body, rapid acceleration or deceleration, or an object penetrating the skull and entering the brain.
A person does not always have to strike their head to suffer a TBI. During a vehicle collision, fall, or other violent event, the brain may move, rotate, or twist within the skull. These forces can stretch nerve fibers, damage brain cells, and cause bleeding or swelling.
Healthcare professionals may classify a TBI as mild, moderate, or severe based on factors such as changes in consciousness, memory loss, neurological findings, and the results of diagnostic testing. A concussion is considered a mild TBI, but the word “mild” describes the initial medical classification and does not mean the symptoms or consequences are insignificant.
Common symptoms of a traumatic brain injury include:
- Headaches
- Nausea or vomiting
- Dizziness or balance problems
- Blurred or double vision
- Sensitivity to light or noise
- Fatigue or reduced energy
- Confusion or disorientation
- Memory problems
- Difficulty concentrating
- Slowed thinking
- Irritability or unusual emotional reactions
- Anxiety, sadness, or depression
- Changes in personality or behavior
- Sleeping more or less than usual
- Difficulty falling or staying asleep
Loss of consciousness is not required for a person to have a concussion or another traumatic brain injury. Some symptoms begin immediately, while others may not become noticeable until hours or days after the accident.
Additional brain damage may also develop after the initial trauma. Bleeding, swelling, increased pressure within the skull, seizures, and other secondary complications can worsen an injury over time.
Seek emergency medical attention after a head injury if the injured person experiences:
- A headache that becomes worse or does not go away
- Repeated vomiting
- A seizure or convulsion
- Slurred speech
- Weakness, numbness, or reduced coordination
- One pupil that is larger than the other
- Increasing confusion, agitation, or unusual behavior
- Clear fluid draining from the nose or ears
- Extreme drowsiness or an inability to wake up
- A loss of consciousness
A prompt medical evaluation can protect the injured person’s health and document when symptoms began. Because a TBI can affect memory, awareness, and judgment, observations from family members and other witnesses may also help healthcare providers understand how the person’s condition has changed.
Types of Traumatic Brain Injuries and Related Head Trauma
Traumatic brain injuries can be categorized in several ways. Two broad classifications are non-penetrating injuries and penetrating injuries. A traumatic event may also cause bleeding, bruising, nerve damage, or other injuries within and around the brain.
Non-Penetrating or Closed Brain Injuries
A non-penetrating TBI occurs when an external force causes the brain to move or become damaged without an object entering the brain tissue. These injuries can result from falls, vehicle collisions, sports accidents, construction incidents, assaults, and other events.
The fact that the skull remains intact does not mean the injury is minor. A closed brain injury may involve widespread nerve damage, internal bleeding, swelling, or increased pressure within the skull.
Penetrating or Open Brain Injuries
A penetrating TBI occurs when an object pierces the skull and enters the brain tissue. The penetrating object may be a foreign object or a fragment of bone from the skull.
These injuries can damage brain tissue, blood vessels, and nerves along the object’s path. They may also create a risk of bleeding, swelling, infection, and permanent neurological impairment.
Concussions
A concussion is a mild traumatic brain injury caused by a blow or jolt to the head or body or by rapid movement of the head and brain. A person with a concussion may remain conscious but experience confusion, memory problems, dizziness, headaches, mood changes, or difficulty concentrating.
Although many people improve with appropriate care, some experience symptoms that continue for weeks or longer. Repeated concussions may also complicate recovery.
Brain Contusions
A contusion is bruising of brain tissue that may involve bleeding from small blood vessels. It can develop where the brain strikes the inside of the skull.
In a coup-contrecoup injury, the brain may be damaged at the initial point of impact and on the opposite side when it moves against the inside of the skull.
Hematomas and Brain Hemorrhages
A hematoma is a collection of blood within or around the brain. Depending on where the bleeding occurs, it may be classified as an epidural, subdural, subarachnoid, or intracerebral hemorrhage.
Accumulating blood can place pressure on the brain and damage surrounding tissue. Some brain bleeds produce symptoms immediately, while others worsen more gradually.
Diffuse Axonal Injuries
A diffuse axonal injury occurs when rapid rotation, acceleration, or deceleration stretches or tears nerve fibers throughout the brain. These injuries are often associated with high-impact vehicle crashes, serious falls, and other violent events.
Because the damage may be distributed throughout the brain rather than confined to one location, a diffuse axonal injury can interfere with communication between different areas of the brain and cause significant cognitive, physical, or neurological impairments.
Skull Fractures and Related Brain Trauma
A skull fracture is a break or crack in one or more of the bones protecting the brain. A skull fracture is not automatically a traumatic brain injury, but it may occur alongside one.
Bone fragments, bleeding, infection, or pressure on the brain can make a skull fracture particularly dangerous. The presence or absence of a skull fracture does not, by itself, determine the severity of the underlying brain injury.
How a Traumatic Brain Injury Can Affect Mood, Personality, and Behavior
The effects of a traumatic brain injury are not limited to headaches, movement difficulties, or memory loss. A TBI may also change how a person processes emotions, controls impulses, communicates, and interacts with others.
Emotional and behavioral effects may include:
- Depression or persistent sadness
- Anxiety or fear
- Irritability and a reduced tolerance for frustration
- Anger or emotional outbursts
- Loss of interest in previously enjoyable activities
- Withdrawal from friends and family
- Impulsive or socially inappropriate behavior
- Reduced motivation or apathy
- Changes in appetite or sleep
- Difficulty concentrating or making decisions
- Feelings of worthlessness or hopelessness
- Changes in personality
These symptoms may result from physical changes to parts of the brain that regulate emotion and behavior, the emotional effects of the accident, difficulty adjusting to new limitations, or a combination of factors.
Mood and behavioral changes can affect employment, education, relationships, independence, and a family’s caregiving responsibilities. In some cases, relatives, friends, or coworkers notice a change before the injured person fully recognizes it.
A person experiencing persistent depression, severe behavioral changes, or thoughts of self-harm after a TBI should receive prompt care from an appropriate medical or mental health professional. Records from neurologists, psychologists, psychiatrists, therapists, and other providers may also help document the full effect of the injury.
What Causes Traumatic Brain Injuries?
Traumatic brain injuries can arise from many different events. Some involve negligence, some involve intentional misconduct, and others may not create a legal claim. The existence of a serious injury does not automatically establish that another person or organization is legally responsible.
Common causes of traumatic brain injuries include:
- Motor vehicle accidents: Car, truck, motorcycle, bus, and rideshare collisions can cause the brain to strike the inside of the skull or sustain damaging rotational, acceleration, and deceleration forces. A direct impact to the head is not always required.
- Pedestrian and bicycle collisions: A pedestrian or cyclist may suffer a TBI from contact with a vehicle, the roadway, or another object.
- Falls: Falls from stairs, ladders, scaffolds, roofs, elevated work areas, subway platforms, and dangerous walking surfaces can cause serious head and brain injuries.
- Construction accidents: Falling objects, scaffold collapses, falls from heights, equipment accidents, and other construction-site incidents can expose workers and members of the public to severe head trauma.
- Assaults and acts of violence: A blow to the head, a fall caused by an attack, or a penetrating injury may cause traumatic brain damage. These cases may involve intentional wrongdoing rather than negligence.
- Sports and recreational accidents: Contact sports, cycling, playground incidents, and other recreational activities can cause concussions and more serious TBIs. A legal claim may arise when defective equipment, inadequate supervision, or an unreasonably dangerous condition contributes to the injury.
- Defective products: A defective helmet, vehicle component, safety device, tool, or other product may cause a brain injury or fail to provide the protection reasonably expected from it.
- Negligent medical care following head trauma: A failure to diagnose or appropriately treat intracranial bleeding, brain swelling, increased pressure within the skull, seizures, or another complication after a traumatic injury may allow the person’s condition to worsen.
Determining how a TBI occurred may require police or incident reports, photographs, surveillance footage, witness statements, vehicle data, property records, workplace documents, equipment records, medical records, and opinions from qualified experts.
A claim may be possible when the evidence establishes that a person, business, property owner, employer, manufacturer, healthcare provider, or public entity failed to meet an applicable legal duty and caused or worsened the injury.
Do I Have a Traumatic Brain Injury Case?
To pursue financial compensation for a TBI, your case must typically establish negligence as its foundation. Negligence occurs when someone fails to meet their duty of care, and that failure directly causes harm. Establishing negligence in a personal injury case involves proving four main elements:
- Duty of Care The at-fault party must have owed you a duty of care. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain safe premises.
- Breach of Duty You must demonstrate that the other party breached their duty of care. For instance, a driver who runs a red light or a property owner who ignores a hazardous condition is breaching their duties.
- Causation You must establish a connection between the responsible party’s conduct and the traumatic brain injury. Depending on the case, the evidence may show that the conduct caused the initial TBI, worsened an existing brain injury, or aggravated a preexisting condition.Medical records, diagnostic testing, neurological and neuropsychological evaluations, accident evidence, witness accounts, and qualified expert opinions may help establish this connection.Statements from relatives, friends, coworkers, teachers, and others who observed changes in the injured person’s memory, behavior, communication, personality, or daily functioning may also be relevant.
- Damages Finally, you need to provide evidence of the damages you've suffered as a result of the injury. This could include medical bills, lost wages, pain and suffering, psychological trauma, or other measurable losses.
An experienced lawyer from The Rothenberg Law Firm can review the details of your case and determine whether you have grounds to pursue compensation. Whether it's through negotiation or in the courtroom, we will fight tirelessly to hold those responsible for your injury accountable.
The Insurance Company Made Me an Offer. Should I Take It?
If you've been injured and an insurance company has offered you a quick settlement, it might be tempting to accept and move on. However, it's vital to remember that insurance companies often prioritize their profits over your well-being. The offer they've made may seem fair at first glance, but it is unlikely to fully cover the true costs of your injury, recovery, and long-term needs.
Here are some tactics insurance companies use to settle claims for less than they're worth:
- Rushing the Process: Insurers may pressure you to accept an offer shortly after the injury, before you've fully understood the extent of the damage or spoken to an attorney.
- Downplaying Injuries: They might argue that your TBI is "minor" or unrelated to the accident.
- Misrepresenting Policy Details: Insurers sometimes use vague or misleading language to convince you that the amount offered is the maximum you're entitled to.
- Blaming You: They may shift partial or full blame onto you to diminish their financial responsibility.
Accepting a lowball settlement could leave you without the resources you need to cover ongoing care, therapy, or lost income. That's why it's essential to consult an experienced attorney before making any decisions about your case.
At The Rothenberg Law Firm, we will evaluate your claim, ensure that the full extent of your injuries is accounted for, and negotiate relentlessly to secure the compensation you deserve. If the insurer refuses to offer a fair amount, we are prepared to take your case to trial.
Compensation Available to Traumatic Brain Injury Victims in New York City
A traumatic brain injury can disrupt nearly every aspect of your life, from your health to your financial stability. New York law allows brain injury victims to pursue compensation for the physical, emotional, and financial toll caused by someone else's negligence. A successful legal claim helps ease the burden by holding the at-fault parties accountable for the harm you've suffered.
Compensation for traumatic brain injuries often includes both economic and non-economic damages, such as:
- Medical Bills: Coverage for past, current, and future medical expenses, including surgeries, hospital stays, physical therapy, and rehabilitation programs.
- Lost Income and Future Earnings: Compensation for income lost due to the injury, as well as diminished earning capacity if you're unable to work in the long term.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by the injury.
- Loss of Quality of Life: Compensation for the impact on your ability to participate in hobbies, social activities, or enjoy life as you did before the injury.
- Caregiving and Assistance Costs: Coverage for in-home care, assistive devices, or modifications to make your home accessible.
Every case is unique, and the amount of compensation you may be entitled to depends on the details of your injury, the circumstances of the accident, and the extent of the damages. At The Rothenberg Law Firm, our team works tirelessly to assess the full impact of your injury and fight for the compensation you deserve.
Contact the Traumatic Brain Injury Lawyers at Rothenberg Law Firm Today
Recovering from a traumatic brain injury is a long and exhausting process. The experienced legal team at The Rothenberg Law Firm can guide you and your family through the complexities of the legal system while fighting for the compensation you need to rebuild your life.
Here's how a lawyer from The Rothenberg Law Firm can help:
- Build Your Case: Investigate the accident, gather evidence, and work with medical experts to establish the impact of your injury.
- Handle the Insurance Companies: Protect you from settlement tactics and negotiate aggressively for the full compensation you deserve.
- Provide Trial-Ready Advocacy: If a fair settlement cannot be reached, we will prepare your case for court and advocate for you before a judge and jury.
- Offer Compassionate Support: Connect you with medical professionals, counselors, and advisers to help you move forward.
When you choose The Rothenberg Law Firm, you're choosing a team of dedicated advocates who care about your recovery and will stand beside you every step of the way.
Contact our New York City personal injury attorneys today at (800) 624-8888 or through our online form for a free, no-obligation consultation to discuss your case and how we can help.
The Rothenberg Law Firm - New York City Office
450 7th Ave 44th floor
New York, NY 10123
Ph: (516) 715-3658