Brain Injury FAQs

Many people who suffer brain injuries because of an accident in Upstate New York wonder whether they have a case. In trying to answer this question for you, we’ll gather and carefully analyze evidence in your case and assess various factors. First and foremost, we will need to get a sense of whether our attorneys would be able to establish liability under New York law. The circumstances will determine whether you have a case. If your brain injuries were the result of a car accident, for example, we will need to show it’s more likely than not: (1) you were owed a duty of reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. When we initially consult with you, we will be looking at whether, we could make a prima facie case that these elements exist.

One of the critical issue in a brain accident claim in or around Syracuse and Upstate New York is whether someone else was responsible for it. If you suffered traumatic brain injury because of another’s negligent conduct, you may have a case for damages. For example, if you were hit by a speeding car, it is likely that the driver of that car breached the duty to use reasonable care. However, in a medical malpractice case, such as one in which your spouse suffered penetrating injuries as a result of a neurosurgeon’s professional negligence, you may be able to recover damages.

If your injuries are too minimal to require medical care, you likely do not have a personal injury claim that will require representation from a lawyer. However, many brain injuries are moderate or severe, and change the lives of accident victims dramatically. After an accident in which you suspect brain injury, whether your own or a loved one’s, of failing to get medical care when they should. A brain injury is different from a broken arm because it is not something you can observe with the naked eye. For this reason, seeing a doctor for an examination and testing is crucial after an accident.

How much your case is worth will depend on many different variables including the severity of your injuries. In closed head and brain injuries, there is no break in the skull and the brain itself may be injured coming up against the skull. Penetrating or open head injuries involve the skull being broken, and the brain being damaged due to the entry of something else, including pieces of skull. Signs and symptoms of traumatic brain injury can include headache, nausea, vomiting, drowsiness, fatigue, speech problems, dizziness, loss of balance, seizures or convulsions, inability to awaken from sleep, weakness or numbness in fingers and toes, loss of coordination, profound confusion, slurred speech, agitation, and coma.

Damages in a brain injury case that involves catastrophic injuries can be high. Generally, plaintiffs are able to collect a damages award according to the amount of insurance coverage available to cover the incident. For example, if you suffered damages for brain injuries sustained in a fall at a retail store, there is likely a commercial liability policy or other policy that can provide coverage for the incident. In most cases, an insurance company will provide the defendant with counsel to fight your claim and look for ways in which you were to blame, so it is crucial to hire your own lawyer before speaking to the other side.

New York follows the doctrine of comparative negligence under which a jury will reduce your damages by an amount equal to your degree of fault if the other side can show you were partially or fully to blame for the accident.