subject: How To Claim Damage Recovery For Your Injury [print this page] Serious injury to the brain can leave one with permanent problems. New York laws state that you can recover damages if the incident was the result of anothers negligence or wrongdoing. If a family member suffers this type of injuries, the first thing to do is contact a brain injury lawyer. Here is a brief overview of the matter.
Numerous incidents may produce a sudden jolt to the brain and cause injuries. Suppose you fall down the stairs or a reckless car driver hits you. In both the cases, you may suffer from brain damage. If it was not your fault, you can file for compensation. New York adheres to the comparative negligence rule the more you are at fault, the less the amount of compensation for you.
What classifies as brain injury? Common injuries include swelling, bruising, or tearing of the brain tissue. Anoxic injury occurs if sufficient oxygen does not reach the brain due to blockage. Traumatic injuries are far more serious in nature. Some examples are concussion, coma, paralysis, aggravated tension and anxiety, loss of sensory perceptions, change in behavioral pattern, and so on.
Interestingly, the impact of these types of injuries is in most cases not perceptible to the naked eye. Only a competent medical practitioner specializing in such cases is capable of proper diagnosis. Similarly, just any lawyer wont do for such a lawsuit; you need a brain injury lawyer for it.
You had better contact the lawyer as soon as possible. The New York statute of limitations runs out in three years from the injury. However, an exception is made if the discovery of the injury was not complete within the three-year period. In such cases, the calculation is done from the date of the discovery.
Why do you need a lawyer? A legal professional best handles the whole proceeding. The first step is to zero in on the entity responsible for the injury. It may be the reckless driver, who hits you with a car, or the departmental store, that does not warn about a broken staircase you need to be sure whom to sue beforehand.
After notifying the entity responsible about the lawsuit, your New York brain injury lawyer gets to the task of filing the case. You also need to notify the insurance companies. The next step is to collect evidence witness testimonials, forensic experts reports, police reports, medical records, and such others.
Brain injuries have immediate as well as far-reaching consequences. It is, therefore, essential to ask for a proper assessment of the impact. This requires expert testimonies from medical practitioners, neuropsychologists, life care planners, vocational experts, and such others. They understand the temporary and permanent damages done and can help calculate the suitable compensation amount.
