Traumatic Brain Injury Lawyer

Traumatic Brain Injuries

Some of the traumatic brain injuries (TBIs) that occur are relatively mild: a concussion from a bump, blow, or jolt to the head, such as a tumble from a skateboard or a mishap on the baseball field. But other TBIs can be more severe, with lasting effects such as impaired thinking or memory, impaired motor function or coordination, changes in hearing or perception, personality changes, increased depression or anxiety, even long-term disability or death.

Edward Marcowitz has a wide range of experience as a N.Y. traumatic brain injury lawyer, helping individuals and families deal with the lasting effects of these types of injuries. Whether the injury affecting your family occurred because of a medical situation or an accident, he and the compassionate staff at the Marcowitz Law Firm can assess your situation and determine what compensation you can seek under the law.

Call us or contact us online now for a free consultation.

How a Lawyer Can Help After an Accident Involving a Brain Injury

Just like the brain itself, any injury to the brain — and the circumstances surrounding it — can be complex. The Centers for Disease Control and Prevention notes that about 2.8 million emergency department visits, hospitalizations, and deaths related to TBIs occurred in the U.S. in a typical year.

Among all age groups, falls were the leading cause of TBIs, accounting for 47 percent, the CDC says.

Being struck by or against an object is the second leading cause of brain injuries, accounting for 15 percent. Motor vehicle crashes accounted for 14 percent.

However, sports and recreation-related activities also play a role, particularly among children ages 19 and younger. In one recent year, an estimated 329,290 children were treated nationwide for a concussion or TBI, CDC statistics show.

A lawyer skilled in handling TBI cases can evaluate whether the circumstances of your or your loved one’s injury shows any negligence, or fault, involving another party. To be eligible for damages, you must show:

  • That the defendant owed you a duty of care or had a responsibility to be reasonably careful.
  • That the defendant failed to act with such care.
  • That the defendant’s action or inaction caused your injuries.
  • That you suffered injuries or losses measurable under the law.

A lawyer also can help you gather relevant evidence for your case, depending on how the TBI occurred.

Compensation for a Brain Injury Accident in New York

Compensation for a traumatic brain injury varies depending on the circumstances of the injury and the person who was injured. Although TBIs commonly occur because of falls, motor vehicle crashes, and being struck by or against an object, they can happen for other reasons, including:

  • Accidents involving defective personal protection or safety products
  • Accidents involving choking or some other obstruction of a person’s airway, interrupting the flow of blood to the brain
  • Medical malpractice, such as failing to diagnose or recognize a stroke, aneurysm, or fetal distress
  • Untreated or improperly treated seizures, meningitis, hydrocephalus, or increased intercranial pressure
  • Near drowning
  • Construction accidents

Damages may include:

  • Medical expenses
  • Physical or occupational therapy
  • Vocational counseling
  • Recreational therapy
  • Psychotherapy
  • Adaptive needs
  • Lost wages
  • Pain and suffering
  • And more

Symptoms of TBI

The symptoms of a TBI can be difficult to recognize because some don’t appear right away. People who are injured might not appreciate the seriousness of their symptoms or how they’re affecting their daily activities, the CDC says.

You should contact your doctor or emergency department immediately if you experience any of these signs after a jolt, bump, or blow to your head or body:

  • Loss of consciousness
  • Slurred speech
  • Blurred or fuzzy vision
  • Dizziness
  • A worsening headache that doesn’t go away
  • Repeated nausea or vomiting
  • Weakness or lethargy
  • Numbness or decreased coordination
  • Behavioral changes, such as becoming highly emotional or anxious, or sleeping more or less than usual
  • Convulsions or seizures
  • Increased drowsiness
  • Having one pupil that appears larger than the other
  • Being unable to recognize people or places

Children who receive a bump, jolt, or blow to the head or body should go to the emergency room immediately if they have any one of the above symptoms, plus:

  • They will not nurse or eat
  • They are inconsolable and will not stop crying

Treatment for TBI

Medical professionals can diagnose TBIs through imaging tests, such as magnetic resonance imaging (MRI) or a computerized tomography (CT) scan. An MRI uses magnets and powerful radio waves to create a detailed view of the brain. A CT scan uses a series of X-rays that can quickly visualize fractures and show bleeding in the brain, tissue swelling, bruised brain tissue, or blood clots.

In an emergency situation, a CT scan is usually performed first. An MRI may be used after a person’s condition stabilizes.

Treatment for a TBI varies depending on the injury’s severity. Someone with a milder injury such as a concussion often needs rest and pain relievers, as well as close monitoring for any new symptoms.

With a moderate to severe TBI, treatment focuses on maintaining blood pressure, ensuring an adequate blood and oxygen supply to the brain, and preventing or minimizing further injury to the head or neck. Sometimes a patient will need a probe inserted through the skull to monitor any increased pressure and tissue swelling, the Mayo Clinic says.

Again, depending on the severity of the injury, some patients may need medication, such as diuretics to reduce the amount of fluid in bodily tissues, drugs to induce a temporary coma, or anti-seizure drugs.

Surgery may be needed to stop bleeding in the brain, remove blood clots, repair skull fractures, drain accumulated cerebrospinal fluid, or create a “window” or opening in the skull to provide room for swollen tissues until the swelling abates.

In addition, most people who have had a severe TBI will need rehabilitation to relearn basic skills, such as walking, talking, and other daily activities.

Consult the Marcowitz Law Firm

If you have questions about how the Marcowitz Law Firm can serve you and your loved ones while dealing with a traumatic brain injury, please give us a call or contact us online now for a free consultation.