Did you suffer a traffic accident in New York? A city as large and active as the Big Apple—with millions of cars and people moving daily—is susceptible to having a large number of accidents involving vehicles. And with accidents come injuries: according to NYC traffic authorities, one of the most common consequences of these incidents are brain injuries (or traumatic brain injuries—TBI).
Brain injuries can have devastating consequences for traffic accident victims in New York. If you or a loved one have suffered a traumatic brain injury due to a car crash, it’s essential to know how to file an insurance claim and protect your legal rights. Proner & Proner, the team of experienced personal injury attorney Mitchell Proner, will explain the characteristics of a brain injury, how it affects insurance compensation collection, and what steps you should follow to ensure maximum possible compensation. Let’s get started!
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What is a brain injury?
According to the United States Centers for Disease Control and Prevention (CDC), a concussion is a type of traumatic brain injury caused by a blow or jolt that makes the head and brain move rapidly back and forth.
Generally, concussions are not life-threatening and often symptoms can disappear within hours or days. However, in some cases, the effects of a brain injury can be serious and drastically change the accident victim’s quality of life.
In car, motorcycle, truck, pedestrian hit-and-run, construction accidents, or in slip and fall cases due to poor property conditions, concussions are common.
According to our firm’s lead attorney, Mitchell Proner, it’s common that during the first emergency room visit, doctors focus on broken bones and bleeding that could threaten the victim’s life, and sometimes possible brain injuries that could have serious long-term consequences may be overlooked, especially if they never receive the necessary medical treatment.
What is a traumatic brain injury and how does it occur in a traffic accident?
A traumatic brain injury occurs when an impact, blow, or jolt to the head disrupts the brain’s normal functioning. In a traffic accident, this type of injury can occur due to:
- Impacts against the steering wheel, dashboard, or vehicle windows
- Sudden head movements that cause internal damage without direct impact (acceleration-deceleration injury)
- Loose objects inside the car that hit the head
Brain injuries can be classified as:
- Mild: Concussion, temporary confusion, or persistent headache.
- Moderate to severe: Prolonged loss of consciousness, cognitive difficulties, memory problems, or permanent disabilities.
The amount of time you’re getting treatment, the quality and quantity of visits to doctors, the type of treatment that you get, whether it’s injections, whether you need a surgery, whether you, in fact, have that surgery, diagnostic testing, X-ray, MRIs that come back positive, all these factors will increase the value of your claim.
How does a brain injury affect insurance compensation collection?
In New York, the no-fault insurance system covers medical expenses and economic losses up to $50,000, regardless of who caused the accident. However, brain injuries often exceed these limits, making it necessary to file a lawsuit for additional damages against the negligent driver or company that caused the crash. For this, it’s important to demonstrate that the injury:
- Is serious, according to New York’s serious injury law
- Has caused significant and permanent disability
- Requires prolonged medical treatment
If the accident was caused by another driver’s negligence, you could file a lawsuit for damages, including:
- Additional medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional and psychological damages
For this, it’s crucial to have a top-tier legal team like Proner & Proner by your side. Mitchell Proner, who will be in charge of taking your case to the final stages, will work tirelessly to ensure all your rights are protected. He has already done this for thousands of newyorkers in recent decades, obtaining settlements of more than 500 million dollars, and he can do it for you too.
Does a brain injury increase the amount of my lawsuit?
Yes, a brain injury can significantly increase the value of your lawsuit due to the severity of its effects and long-term consequences. Factors that can influence the compensation amount include:
- High medical costs: Prolonged treatments, surgeries, rehabilitation, and therapy.
- Impact on work capacity: If the injury prevents you from working or reduces your ability to generate future income, this will be included in the compensation.
- Pain and suffering: A brain injury can cause memory loss, personality changes, depression, and other emotional damages.
- Permanent damage or disability: If the brain injury leaves permanent sequelae, you could receive greater compensation for loss of quality of life.
But remember: to guarantee you receive the maximum possible compensation, it’s key to have an attorney specialized in brain injuries who can adequately document and argue the damages suffered.
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Long-term consequences of a serious brain injury from an NYC accident
Serious brain injuries can generate permanent sequelae that affect all aspects of the victim’s and their family’s life. Some of the main consequences include:
- Cognitive deterioration: Difficulties concentrating, memory loss, and problems processing information.
- Emotional and behavioral alterations: Mood changes, anxiety, depression, and aggression can affect quality of life and interpersonal relationships.
- Physical disabilities: Some brain injuries can cause loss of coordination, mobility problems, or partial paralysis.
- Long-term dependence and care: In serious cases, the victim may need permanent assistance to perform daily activities.
- Reduced life expectancy: Studies have shown that brain injuries can increase the risk of neurodegenerative diseases like Alzheimer’s or Parkinson’s.
Given the impact of these consequences, it’s essential that the compensation obtained covers all future costs related to the injury, from rehabilitation to long-term medical care. Let us fight for your rights.
Steps to claim compensation for a brain injury
If you have suffered a brain injury in a traffic accident, follow these steps to protect your right to fair compensation:
- Seek immediate medical attention: Early diagnosis is key. Even if you don’t feel serious symptoms, a neurological evaluation can reveal internal damage. Medical documentation will be fundamental for your claim.
- Notify your insurer: You must report the accident to your insurance company within 30 days after the incident to access no-fault coverage.
- Gather evidence: Collect detailed medical reports, treatment records and medical costs, witness testimonies, photographs of the accident and vehicle, and police reports.
- Consult a personal injury attorney: An attorney with experience in traffic accidents and brain injuries can help you maximize your compensation. At Proner & Proner we will help you with insurance company negotiations, filing a lawsuit if necessary, and obtaining specialized medical evidence to support the case. We are prepared to go to trial if the insurance company is not willing to negotiate.
Remember that in New York, the deadline to file a personal injury lawsuit is three years from the accident date. Don’t lose another second: call Proner & Proner.
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
