According for the Centers of Disease Control, traumatic brain injuries cause around 2.8 million ER visits, hospitalizations, and deaths. Moderate and severe brain injuries can have dire consequences for those who suffer them. In addition to the initial effects of a brain injury after an accident, an accident victim may suffer complications like blood vessel damage, hydrocephalus, infections, vertigo, headaches, and seizures. They may develop immediately or a period of time after the accident that resulted in the injuries. If you suffered complications of brain injuries, and others were partially or fully to blame, you should discuss your situation with the seasoned Syracuse personal injury lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We have fought for best results for those with brain injuries for more than 30 years.
Seek Damages for Complications of Brain InjuriesBrain injuries can cause significant disability and mortality. They occur when the brain experiences a sudden trauma and normal brain function is disrupted. They can have significant psychological, physical, emotional, and cognitive effects. Sometimes they are the result of a jolt to the body or a violent blow. In other cases, these injuries are caused by penetration of a foreign object. Complications may occur. You can receive compensation in connection with complications arising out of brain injuries you suffered in an accident.
Generally, in personal injury cases, defendants take plaintiffs as they find them. Our lawyers should be able to recover the damages you suffered, even if you were more sensitive to the brain injury and there were unforeseen harms like long-term epilepsy or chronic headaches, apart from the initial injury. We will need to prove by a preponderance of the evidence that the defendant owed you a duty of care and that his or her breach of the duty legally and actually caused your injuries. Often, defendants raise the defense of comparative negligence.
Shared FaultThere are situations in which multiple people are at fault for a plaintiff’s brain injuries. Sometimes, too, it’s important for us to look at whether there was medical malpractice in connection with brain injuries inflicted by someone else.
What must be shown in a case that has medical malpractice elements is a little different than what we’ll try to prove in a case founded in ordinary negligence. To establish medical malpractice, we will need to prove: (1) a health care provider owed you a professional standard of care, (2) departure from the professional standard of care, (3) causation, and (4) actual damages.
In some cases, health care providers will point to the actions of the person who caused the initial brain injuries, and try to deflect blame, either partially or fully. It’s important to work with lawyers who understand how to present expert testimony and evaluate liability and the worth of the case to ensure your interests are protected and you achieve the best outcome. Brain injuries can be expensive, but appropriate handling may make a difference to your outcome, in life and in the lawsuit.
DamagesDamages for brain injury complications may be both economic and noneconomic. You may be able to recover medical bills, lost wages, pain and suffering, mental anguish, loss of enjoyment. Your spouse may be able to recover loss of consortium, which is an item of damage intended to address the loss of intimacy and relations that may result when an accident victim suffers significant injuries.
Consult a Seasoned Syracuse Brain Injury Law FirmIf you were injured or a loved one suffered complications in connection with brain injuries inflicted by another, you should talk with our seasoned Syracuse lawyers. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for brain-injured accident victims in Oswego, Lyons, Albany, Oneida, Canandaigua, Lowville, Auburn, Buffalo, Utica, Rochester, Wampsville, Watertown, Herkimer, Ithaca, Cooperstown, Elmira, Binghamton, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.