We Help New Yorkers Living With Traumatic Brain Injuries.
A traumatic brain injury can happen anywhere, at any time. Blunt force impact to the head is the most common cause of TBIs; this can occur from a fall, a car crash, or a . Our law firm specializes in case types that frequently involve TBIs, including:
If you have experienced a traumatic brain injury as the result of someone’s negligence, a traumatic brain injury lawyer can help TBI victims recover medical costs, lost wages and more from the responsible party.
When do you need a traumatic brain injury lawyer?
If you or a loved one has suffered a TBI, speaking with a traumatic brain injury lawyer can provide both a sense of relief, and a sense of clarity about what to do next.
If the TBI was the result of someone else’s negligence, you mightmay be eligible to recover many of the costs you have incurred, as well as future costs associated with your brain injury. This includes:
- ER Care
- Hospital visits
- Physical therapy
- Medication
- In-home care
- Mobility devices
- Life care planning
- Wage loss
- Loss of earning capacity
- Loss of consortium (loss of physical intimacy with loved ones)
- Pain and suffering
Your lawsuit may also involve punitive damages: substantial financial awards that are meant to send a message to the responsible party. Talk to one of our TBI lawyers to learn more.
Traumatic brain injuries often require a lifetime of care, compromise, and accommodation. Moreover, these cases can sometimes be difficult to prove,: a fact that insurance companies will use to their advantage.
Martin+Colin, P.C. is here to help resolve your traumatic brain injury case. We offer a suite of full-service legal assistance, including phone consultations and home visits.
Do I have a traumatic brain injury?
If you think you have a brain injury, see a doctor immediately.
Brain injuries are “invisible injuries,” meaning that they are usually undetectable from a person’sa appearance. The Mayo Clinic describes the physical, sensory, and behavioral/cognitive changes a person may show after suffering a TBI. If any of these apply to you, always seek medical attention promptly.
Traumatic brain injuries are sometimes hard to spot, as the physical injury may be located on the brain itself. Nonetheless, brain injuries can lead to devastating effects onin a person’s life. The sooner you talk to a medical professional, the more likely you are to avoid the worst-case scenario.
After surviving the accident: A TBI survivor’s long journey
Recovering from a traumatic brain injury may take years, and require multiple medical interventions like surgery, rehabilitative care, and occupational therapy. In the meantime, it may be challenging or even impossible for TBI survivors to work, which means incurring the stress that comes from a loss of income. This—in addition to the known cognitive and behavioral changes that accompany brain injury—may severely restrict a person’s social life and relationships.
The TBI lawyers at Martin+Colin, P.C., understand the challenges facing TBI survivors—and we can help.
Our law firm works alongside medical professionals, brain injury experts, accident reconstructionists, and even economists as we pursue full, fair compensation for your injuries. From wage loss and loss of earning capacity to medical bills, pain and suffering, and more, we pursue every available avenue to recover what you have lost.
Frequently Asked Questions
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What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury is a serious condition that can affect memory, mood, behavior, and the way a brain processes information. In the moments after a force-impact brain injury, victims may feel dizzy and disoriented, and they may lose consciousness; in severe cases, they may fall into a coma.
The Mayo Clinic describes TBI symptoms as ranging from mild to severe; some symptoms may only persist for a few days, while other symptoms may last months or even years. Some brain injuries can have permanent effects. Recent data suggests that people who have experienced a moderate or severe traumatic brain injury are more susceptible to developing brain cancer.
The National Institute for Health explains that a TBI “can be caused by a forceful bump, blow, or jolt to the head or body, or from an object that pierces the skull and enters the brain.” Brain injuries are not always caused by force impact on brain tissue; some TBIs stem from medical negligence, including undiagnosed conditions that lead to brain swelling, blood clots, and permanent brain damage. Surgical errors and birth injury can also result in severe brain injury, as well as cerebral palsy.
At Martin+Colin, P.C., our White Plains, TBI attorneys work to prove your case and hold the defendants accountable for the damages they caused. Our goal: to get full, fair compensation for our brain injured clients. Call us today to learn how we can help: (914) 771-7711.
Describing Your Traumatic Brain Injury
Generally speaking, traumatic brain injuries fall into one of two broad categories based on whether o:
Closed brain injuries. A closed brain injury is completely internal and cannot be seen without an MRI or CT scan. Even without a visible wound the brain may be bruised and unable to function properly. Closed head injuries are often caused by motor vehicle accidents, slip and fall, and contact sports.
Open brain injuries. An open brain injury is hard to miss: it occurs when a penetrating object breaks the skull and strikes the brain. Open brain injuries are less common than closed brain injuries, but can result in extremely serious effects. Common causes include high-speed crashes, accidents involving large vehicles like trucks, and high falls.
Traumatic brain injuries can also be described in terms of two types or phases:
Primary injury. Primary injury refers to the initial impact on the brain tissue. When your head hits something hard — the ground, the windshield of your car, a piece of construction equipment—you have experienced a primary injury.
Secondary injury. A secondary injury refers to the effects on the brain structure as a result of the primary injury, or initial impact force. Secondary injuries can be just as bad or even worse than primary injuries, and they include things like hypoxia (lack of oxygen to the brain) resulting from pressure buildup in the skull. Appropriate medical care will lessen the risk of developing secondary injury.
What are the treatments for traumatic brain injury (TBI)?
The treatment for a TBI depends on the severity of the injury. Generally speaking, TBIs respond to medical care like surgery, medication, and physical rehabilitation, but the prognosis will vary from case to case. We explore each of these options below.
EMERGENCY MEDICAL CARE
When treating a recent traumatic brain injury, emergency care focuses on preventing secondary injury (hypoxia due to brain swelling). A competent medical team will ensure that the TBI survivor has enough oxygen getting to their brain, and that their cranial pressure is not increasing. Finally, they will ensure that their head and neck remain immobilized to prevent additional damage.
MEDICATION
TBI survivors may also need medications to reduce swelling and prevent secondary injury to their brain tissues. Anti-seizure medications may be prescribed to prevent spasticity and tremors, and coma-inducing drugs may be used to decrease the amount of oxygen required for brain function. Finally, diuretics may be used to reduce fluid pressure on the brain.
SURGERY
In some cases, a neurosurgeon may be called in to initiate treatment for a severe TBI. Surgeons may remove hematomas (blood clots), stop brain bleeds, repair skull fractures and look for any undetected damages to the brain tissues.
REHABILITATION
After a traumatic brain injury, many people will require rehabilitation like physical therapy to return to normal. This process will help them relearn fundamental skills like speaking or walking; if behavioral changes are severe rehabilitation may require extensive therapy with a trained brain specialist. Speech-language pathologists, occupational therapists, physical therapists, social workers, and other professionals may be called to assist with this stage of injury recovery.
Talk to a Traumatic Brain Injury Lawyer: (914) 771-7711.
How long does it take to recover from a TBI?
According to the Cleveland Clinic, one of the country’s leading experts on traumatic brain injuries: “That depends on your situation. All traumatic brain injuries can create challenges. In some cases, a traumatic brain injury can have long-lasting consequences. If you have a TBI, ask your provider what you can expect.”
As reported by the American Association of Neurological Surgeons, of the 1.5 million people who suffer from TBIs, between 80,000-90,000 will have life-long disabilities. If you experienced a delay in medical treatment after your initial injury, it is more likely that your brain injury will get worse over time. The CDC reports that roughly 30% of moderate-to-severe TBI victims will show cognitive decline and premature mortality within 5 years of the accident.
While the most important factor in determining your recovery time is the severity of the injury, your prognosis will also depend on several other factors. This includes any additional injuries incurred, your age at the time of the injury, any previous TBIs, your general level of stress, and the amount of in-person support you receive.
Speaking to a TBI lawyer about your case may offer insight into what you may need to get your life back on track—and the myriad of ways a brain injury lawyer can help you secure compensation to afford these services. Call Martin+Colin P.C. today to learn more about how we can help: (914) 771-7711.
Is a TBI considered a disability?
Yes. TBIs are considered disabilities—defined as “any impairment of the body or mind that causes difficulty in performing certain activities and interacting with the world”—for as long as symptoms persist.
The Brain Injury Association of America reports that you may also be eligible for Social Security benefits to cover the costs associated with brian -injury recovery. Talk to your TBI attorney about what this means in terms of immediate accommodation and potential compensation: (914) 771-7711.
