Traumatic brain injuries can change your life irrevocably. They often result from a violent shaking or forceful blow. When they are caused by someone else’s negligence or misconduct, you may be able to recover damages by bringing a lawsuit against that person or entity, and in some cases, against multiple parties responsible for these injuries. If you are concerned about causes of brain injuries and whether you can recover damages, you should consult the seasoned Syracuse traumatic brain injury attorneys of DeFrancisco & Falgiatano. Traumatic brain injuries can be lifechanging and it is important to talk to the best about whether you have grounds to sue for damages and what your case might be worth.
Causes of Brain InjuriesA host of different circumstances can result in brain injuries. These include accidents arising out of vehicle accidents, dangerous property conditions, and vacuum and forceps injuries at birth. You may be able to recover damages by bringing a lawsuit. The situation will determine what theories it is appropriate to pursue to obtain relief.
Car AccidentsNew York is a no-fault state. This means that you will need to turn first to your own personal injury protection (PIP), and you will not be able to recover damages unless your brain injuries are considered severe. A minor concussion with no lasting consequences, for instance, would not be considered severe. However, a penetrating injury that left your spouse in a vegetative state, would. In order to establish your entitlement to damages arising out of severe injuries, we would need to prove by a preponderance of evidence: (1) you were owed a duty of care, (2) breach of the duty of care, (3) causation, and (4) damages.
Bicycle and Motorcycle AccidentsWhen brain injuries are sustained in bicycle and motorcycle accidents, accident victims may pursue damages under a theory of negligence as they would in a car accident case. However, bicycle and motorcyclists may find they are subject to greater scrutiny when bringing a lawsuit than are drivers of larger vehicles. And unfortunately, many insurance adjustors are aware that there is a bias against bicyclists and motorcyclists. They may try to show a plaintiff was comparatively negligent, even when her brain injuries were catastrophic, in order to evade liability. New York follows the rule of pure comparative negligence, and this can prove a stumbling block to the recovery of damages, which is why it is so critical to retain knowledgeable trial lawyers. Under this rule, your damages can be reduced by an amount equal to your degree of fault.
Truck Accidents in Upstate New YorkTruck accidents in or around Syracuse can result in catastrophic or fatal injuries to more than one person in a smaller vehicle. Often multiple accident victims make claims against the truck driver’s insurance coverage, which can result in a policy being exhausted quickly. Trucking companies and their attorneys may not be forthcoming with important evidence like the data in a truck’s black box and hours of service logs that indicate a truck driver worked beyond the permissible number of hours and was fatigued while operating a heavy truck. Our lawyers work with some of the best experts; we will get them out to the truck accident site, when appropriate, to determine all contributing causes of the accident.
Vacuum and Forceps Injuries Causing Birth InjuriesAn obstetrician gynecologist’s improper use of a vacuum extractor and forceps during labor can inflict brain injuries on a newborn’s delicate skull. A vacuum extractor may be necessary, for example, if labor is prolonged and progress is not being made. With a forceps delivery, doctors use forceps to pull a baby’s head through the birth canal. Not all harm to a baby during labor is considered medical malpractice. You and your baby may be able to recover damages if we can show: (1) the defendant owed you a professional standard of care, (2) breach of the professional standard of care, (3) causation, and (4) damages.
Consult Our Syracuse Trial AttorneysWhen you or a loved one has suffered traumatic brain injuries through the fault of another, the stakes are high. You must consult the best trial lawyers about whether you have a case. At DeFrancisco & Falgiatano, we may be able to represent you if you sustained a brain injury due to the fault of another. We have more than 30 years of experience in the courtroom. Our firm has recovered more than $100 million in personal injury awards and settlements. We handle brain injury cases in Watertown, Rochester, Auburn, Oswego, Canandaigua, Lowville, Wampsville, Lyons, Ithaca, Cooperstown, Oneida, Utica, Herkimer, Binghamton, or Elmira. Complete our online form or call us at 833-200-2000.