If you are someone you know has suffered a head injury, concussion, or a traumatic brain injury as the result of an accident, you may be eligible to claim for compensation. A Garden City traumatic brain injury lawyer can assist you in recovering losses for medical expenses, loss of wages, and even pain and suffering.
Cellino Law has experience in the field of personal injury law and has successfully recovered millions of dollars in compensation for our clients in New York. Our experience, professionalism, and knowledge of New York state laws put us in the perfect position to evaluate your unique case and provide you with top legal representation while you focus on your recovery from your injury. To find out how you can benefit, contact us today.
A traumatic brain injury is a life-changing event and can have long-term or even permanent consequences. The injury can affect you physically and mentally to the extent that you can no longer work, experience changes in your personality, or have difficulty performing the most basic daily tasks. It also means that you are probably going to require ongoing medical treatments, support, and assisted care well into the future to maximize your potential for recovery. Surviving brain surgery can have the same type of life-altering impact.
At a time like this, it is more important for you to focus on your recovery than have to be concerned about financial and legal matters. Let your experienced brain injury lawyers take care of ensuring that you receive the maximum compensation to cover your past, current, and future needs related to the brain injury that you have sustained. The attorneys at Cellino law understand how devastating a brain injury can be for you and your family due to the negligence of another person. We believe fully in delivering you justice through compensation for the person who is responsible and therefore liable for your brain injury.
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What Is A Traumatic Brain Injury Or TBI?
A traumatic brain injury is damage to the brain that is the result of the brain impacting the skull. These types of injuries are commonly caused by accidents and result in an estimated 275,000 hospital stays every year and a further 52,000 fatalities. There are a variety of different accidents that can cause brain injuries including vehicle collisions, sports, violent acts, and falls.
The skull is designed to protect the brain from injury. To do this, there is a thin layer of fluid between the brain and the skull that acts as a cushion to prevent the impact of the brain with the skull. However, a forceful impact on the head or sudden movements, such as would be experienced in a car accident or contact sports, means that the thin layer of fluid provides insufficient cushioning – resulting in the brain colliding with the skull. For example, when the neck snaps back and then suddenly forwards in a car accident, it is not just the neck that sustains an injury but it could also cause a TBI.
This impact causes the brain to reverberate against the skull (the brain is shaken inside the skull) causing bruising, the tearing of the tissue, and bleeding. These injuries are invisible and can be difficult to detect. Most commonly, the injury only results in concussion but can result in more serious problems such as a Hypoxic Brain Injury, Anoxic Brain Injury, and Diffuse Axonal Injury. Each of these brain injuries is serious and complicated to treat and there is no guarantee of a full recovery or certainty what the outcome will be.
What Are The Common Causes Of Traumatic Brain Injuries?
As the name suggests, traumatic brain injuries are the result of trauma occurring to the head, especially where the impact is of significant force. This type of trauma is commonly caused by:
- Car accidents
- Motorcycle accidents
- Cycling accidents
- Pedestrian-involved car accidents
- Trucking accidents
- Construction accidents
- Slip and fall injuries
- Acts of violence
Traumatic brain injuries, even in the case of a mild concussion, can be fatal. According to the CDC (Center For Disease Control), the leading cause of deaths resulting from TBI’s between 2006 and 2010 was as a result of falls and car accidents. Death commonly occurs in victims of traumatic brain injuries between the ages of 5 and 24 years as a result of car accidents while in those who are over the age of 65 years, death normally occurs from a TBI resulting from a fall.
If a loved one has died as a result of a traumatic brain injury, give Cellino Law a call on (800) 555-5555 for a free consultation to find out if you can claim compensation.
How Are Traumatic Brain Injuries Diagnosed?
A variety of tests will be performed by a healthcare physician to assess the condition of a patient to determine whether they have sustained a TBI. These tests may include determining their level of consciousness, brain functioning, and nerve functioning to arrive at a diagnosis.
Some common tests that may be conducted include:
Diagnostic Imaging Tests
A CT (CAT), MRI or PET scan will be ordered by a physician to provide an image of the brain to detect a brain injury, the type and severity of the injury as well as the location of the injury.
- CT-scans (Computerized Tomography scans) generate 3-dimensional, cross-sectional images of the brain using x-rays to detect bruising, bleeding, and other types of damage to the brain.
- MRI scans (Magnetic Resonance Imaging) makes use of radio waves and magnetic fields to generate images of the brain. The images can be used to detect bruising, bleeding and other brain damage that is far more detailed than a CT scan can provide.
- PET (Positron Emission Tomography) uses a radioactive substance as a tracker in imaging to identify damage to the brain and allows the physician to determine brain function.
Glasgow Coma Scale (GCS)
The GCS test rates a person’s ability to perform certain basic tasks such as opening their eyes, speaking, and so on. Each task is scored and the total provides the doctor with an indication of the level of severity of the traumatic brain injury. A score above 13 is categorized as a mild brain injury. Scores between 9 and 12 indicate a moderate brain injury. Scores of 8 or less are indicative of severe TBI.
If a person is suspected of having suffered a TBI, they may be required to see the following specialists to evaluate their ability to communicate, their motor function, and cognitive skills:
- Occupational Therapist
- Speech & Language Therapist
- Physical Therapist
These evaluations are critical to determining the type of treatments that the patient requires to best manage the consequences of the brain injury and recommend treatments to aid their recovery to attain as close to normal cognitive function as possible.
Some TBI patients require more intensive and involved care than others. In general, those who receive a diagnosis and treatment as early on as possible are likely to show better results through recovery. No matter the diagnosis or the treatment plan, it is highly recommended to contact an attorney at Cellino Law located in Garden City for a free consultation to get your case for compensation evaluated. While the doctors take care of your physical and mental health, our lawyers will take care of your legal and financial health.
Types of Traumatic Brain Injury
The type of TBI is usually determined by the location, severity, prognosis, and the treatment that will be required to aid recovery. Most mild brain injuries require little treatment and will heal without medical assistance or intervention with rest.
The different types of traumatic brain injuries include:
Trauma to the brain occurs from an external force without fracturing the skull. These TBI’s are classified as mild (concussion), moderate and severe.
A foreign object penetrates the skull compromising or causing damage to the outer meninges or dura which is the outer membrane of the brain.
Diffuse Axonal Injury
The brain shifts within the skull causing the connecting fibers in the brain called axons to twist and tear resulting in damage to the brain.
Bruising patterns appear on the tissue of the brain both on the side where the impact occurred as well as the other side of the brain from contact or impact from the skull.
The skull is damaged, disrupted, or fragmented causing damage to the brain and leaving it open to infection.
The blood vessels in the brain are ruptured resulting in an accumulation of blood in the spaces and tissue of the brain resulting in pressure.
If you or one of your family members have been diagnosed with one of the above-mentioned or other types of TBI, contact a Garden City brain injury lawyer at Cellino Law for a free consultation.
What Are The Signs And Symptoms Of TBI?
Regardless of the type of trauma that caused the TBI, it could have serious long-term consequences. The symptoms can last anywhere from a few months to years affecting the patient’s ability to work, communicate effectively, perform basic tasks, and interact socially.
Cellino Law attorneys understand the devastating impact of a traumatic brain injury. We prioritize the national practice of providing top legal representation for the victims of trauma to the brain. To find out if you are eligible for compensation for your or a loved one’s brain injury, give us a call today.
Given the complex nature of brain injuries, the signs and symptoms may present differently in each individual. Losing consciousness is not necessarily a prerequisite to determine whether a brain injury has occurred. Some symptoms may take time to appear while others will be present immediately after trauma to the head.
Some signs and symptoms that could be indicative of a brain injury include:
- Nausea, dizziness, and/or trembling
- Difficulty with hand-eye coordination due to impaired spatial orientation
- Impairment of either or both gross and fine motor coordination
- Difficulty recognizing faces
- Difficulty locating objects visually
- Uncharacteristically aggressive behavior
- Impaired, slurred, or loss of speech
- Lack of control over voluntary movement
- Changes in mood – irritability, anxiety, depression
- Changes in vision and hallucinations
- Difficulty with problem-solving, concentration, and memory
- Chronic or constant and consistent low-grade headaches
If you or a loved one are experiencing these or any of the other symptoms of a brain injury, seek immediate medical attention and then contact a lawyer for legal assistance.
How Can A TBI Impact Your Life?
A traumatic brain injury can have varying consequences. In most cases, it is, however, a matter of learning to cope with and manage the temporary and permanent physical and mental impairments that result from the trauma.
The common short or long-term effects of a TBI may include:
- Problems with motor skills and coordination like grasping and holding onto an object, balance, and posture
- Difficulty communicating through an inability to comprehend, express oneself, or speak
- Behavioral issues such as irritability, aggression, anxiety, depression, and acting out
- Cognitive processing problems such as difficulty reasoning, concentrating, and remembering
- Sensory perception and processing problems including vision, hearing, touch, taste, and smell
Over and above these physical and mental effects, a TBI can place an enormous financial strain on an individual and their family. Intensive medical treatments, therapies and assistive care are expensive but often necessary to aid recovery and assist the patient in managing the detrimental consequences. In addition, these injuries can result in disabilities that can prevent a person from furthering their career as intended or not being able to work at all. Many traumatic brain injury survivors have difficulty performing even the most basic tasks and find it difficult to participate in routine and social activities.
How To Prove A TBI Case
To prove a brain injury case successfully, input from medical experts and specialists is necessary. Because symptoms of a brain injury can be delayed, it can take time to be diagnosed with a TBI. It is therefore highly recommended to be examined by a medical doctor if you have experienced any head trauma or been in an accident, even if no symptoms of a TBI are present.
Cellino attorneys have access to leading authorities related to accidents and brain injuries. Their expertise is crucial to proving a TBI, building a strong case, and claiming maximum compensation on your behalf. The claim will include both current and future medical expenses as well as additional losses you may have experienced or will experience such as loss of income or pain and suffering.
Why Should I Hire A Lawyer For A TBI Claim?
Cellino Law hires only the most experienced and professional lawyers. Our selection process has proven its effectiveness relative to the sheer amount of cases that result in successful claims for our clients. Our lawyers are not only effective at negotiating settlements out of court but are also well-versed and capable of presenting strong cases in a court of law. They are experienced at prosecuting personal injury cases. It is this expertise that will help reduce the financial burden of a TBI on you and your family at the end of the day.
Our team will explore every possible option to prove liability. We will also take the time to explain everything to you in detail and keep you updated with the progress that we make through the settlement or trial process. To date, our motorcycle and car accident clients have been awarded more than $4 million. With a Garden City traumatic brain injury lawyer at your side, you never have to face the legal challenges of claiming compensation for your injury alone. Contact us today and allow our team to provide you with an accurate assessment of your unique case.
How Much Compensation Can You Expect To Receive For A TBI?
Victims of traumatic brain injuries are commonly awarded substantial compensation due to the degree of incapacitation or disability that they have suffered. These consequences are also commonly long-term meaning that compensation must include future expenses and losses that will be suffered as a result of the brain injury.
The amount of compensation that you can expect to receive does, however, depend on several different factors such as the particulars of how the injury occurred, the type and severity of the TBI as well as the impact that it has had on your ability to live and function normally. Your case could be worth hundreds of thousands of dollars or even millions.
You can claim for the following compensation after a traumatic brain injury:
- All medical expenses including short and long-term as well as assistive care
- Loss of income or earning capacity
- Replacement services
- Pain and suffering
- Punitive damages
If you would like to find out exactly how much you could be compensated for your TBI, give a Garden City traumatic brain injury lawyer at Cellino Law a call to schedule a free consultation.
Insurance And Claiming For A TBI
Whether a vehicle collision, sports activity, a fall, or any other type of accident caused your traumatic brain injury, it can be difficult to get insurance companies to payout. They simply do not have your best interests at heart and will aim to pay as little as possible towards your medical and other relevant expenses.
An insurer may even go as far as claiming that you did not experience a traumatic brain injury but that you had a pre-existing condition. Also, they will challenge the detrimental impact that the injury has had on your life. Insurance providers will also use under-handed tactics to get you to settle for much less than your claim is actually worth.
Contact a Garden City Traumatic Brain Injury Lawyer
Our Garden City lawyers are well-versed in these tactics and have the negotiating skills to ensure that you get the compensation that you deserve. We understand exactly how valuable the compensation can be for you and your family and will fight to ensure that your claim is not just successful but in an amount that will provide you with the financial support that you need going forward.