Car accidents frequently occur throughout Upstate New York, and while people involved in collisions walk away unharmed, many sustain serious brain injuries. Traumatic brain injuries can have devastating and long-lasting effects, and anyone injured in a car accident has the right to pursue claims against the party responsible for their harm. If you sustained brain injuries in an accident, you should speak to an attorney regarding what compensation you may be owed. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse personal injury attorneys possess the experience and skills needed to help you hold the party that caused your losses accountable for your damages, and if you retain our services, we will aggressively advocate on your behalf. We regularly assist people injured in car accidents in lawsuits in Syracuse, as well as in Rochester and cities throughout Upstate New York.
Brain Injuries in Car AccidentsCar accidents have the potential to cause a wide range of brain injuries. For example, the force and impact of a collision can lead to a concussion, which occurs when the brain collides with the inside of the skull due to sudden movement or impact. Concussions can range from mild to severe and may cause symptoms such as headaches, dizziness, confusion, and memory problems.
Car accidents can also result in contusions, which are bruises on the brain's surface, or coup-contrecoup injuries, where the brain is injured at the site of impact and on the opposite side of the brain due to rebounding within the skull. These injuries can cause bleeding, swelling, and damage to brain tissue, leading to symptoms such as loss of consciousness, seizures, cognitive deficits, and changes in behavior or mood.
Additionally, car accidents can cause diffuse axonal injuries, where the brain's connecting fibers are stretched or torn due to rapid acceleration or deceleration forces, resulting in widespread damage and impairment of neurological function. Brain injuries can be challenging to treat and, in many cases, cause permanent impairments.
Elements of Lawsuits Arising Out of Brain Injuries in Car AccidentsPeople who suffer brain injuries in car accidents often seek damages from the party that caused the collisions in civil lawsuits. While car crashes may be caused by defective vehicles or unsafe roads, in most cases, they are caused by careless driving. As such, most lawsuits arising out of car accidents assert a negligence claim against a driver involved in the accident.
In New York, a plaintiff alleging negligence must show that the defendant owed the plaintiff a duty to act with reasonable care under the circumstances but that the defendant’s actions or failure to act constituted a breach of the duty. Examples of behavior that constitutes a breach of a duty owed are speeding, driving while distracted, and following too closely behind a vehicle and striking it from behind. The plaintiff must also establish that the breach caused the plaintiff to sustain measurable damages. While the defendant’s actions do not have to be the sole factor that brought about the accident, they must be a substantial factor that contributed to the accident. Additionally, the plaintiff must show that they would not have been injured absent the breach.
A plaintiff that successfully demonstrates that a defendant is liable for injuries sustained in a car accident may recover the cost of any medical treatment they needed for their injuries and out-of-pocket expenses. If the plaintiff could not work due to their injuries, they may also be awarded damages for lost wages as well. Additionally, a substantial portion of a plaintiff’s damages award typically compensates the plaintiff for the pain and suffering caused by their injuries.
Meet with an Experienced Personal Injury Attorney in Syracuse, Rochester, or Upstate New YorkCar accidents can cause substantial damage to the brain that permanently impairs a person’s health. If you suffered brain injuries in a car accident, it is advisable to speak with an attorney regarding your options for pursuing damages. The experienced Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers take pride in helping accident victims seek justice for their losses, and if we represent you, we will work tirelessly to help you seek the full amount of compensation recoverable under the law. Our main office is located in Syracuse, and we often represent parties in personal injury claims in Syracuse, Rochester, and other cities in Upstate New York. You can reach us to arrange a free and confidential meeting by using our online form or by calling us at 833-200-2000.