Anoxic and Hypoxic Brain Injury Claims in New York
Many brain injuries are due to trauma. But some, like anoxic and hypoxic injuries, are caused by a lack of oxygen. When brain cells do not get enough oxygen, such as can occur in an accident or medical emergency, they begin to die.
If another party’s negligence leads to an incident that causes these injuries, you have the right to pursue compensation. If you or a loved one has sustained an anoxic or hypoxic injury, consult a brain injury lawyer from Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. to discuss your legal options.
The human brain is a fragile organ. When a person’s brain is deprived of oxygen, the impact to their life physically, mentally, and financially can be devastating. If someone else’s carelessness led to the injury, victims may be able to get compensation to help them navigate the tough financial road ahead. Our New York anoxic and hypoxic brain injury lawyers have extensive experience achieving positive outcomes for injury victims. We cannot change what has happened, but we will fight vigorously in pursuing maximum damages.
If you sustained brain injuries due to the actions of another party, contact us at (212) 490-5700 to schedule a free consultation. We work on a “no win, no fee” basis, which means you only pay us when we obtain compensation for you.
What Are Anoxic and Hypoxic Brain Injuries?
If oxygen isn’t getting to the brain, an anoxic or hypoxic injury may result. What’s the difference between an anoxic or hypoxic brain injury?
Anoxic Brain Injury
Anoxic brain injury occurs when no oxygen at all is going to the brain. It takes just minutes for brain cells depleted of oxygen to begin dying. The longer there is no oxygen, the more likely lasting brain damage, coma, or death will occur.
Hypoxic Brain Injury
Brain hypoxia is when your brain gets some oxygen, but not enough to function properly. The severity of consequences will depend on how long your brain goes without sufficient oxygen and what part of your brain is affected. Like anoxic brain injury, hypoxic brain injury can be life-threatening.
Causes of Anoxic and Hypoxic Brain Injuries
These brain injuries occur in various ways. Causes of anoxic and hypoxic brain injuries include:
Drowning
Suffocation
Choking and strangulation
Electrocution
Carbon monoxide poisoning
Smoke inhalation
Anesthesia accident
Heart attack, cardiac arrest, and cardiac arrythmia
Stroke
Drug overdose
Sometimes these brain injuries happen because of heart attack or other health problems, and no one is at fault. In other situations, these debilitating injuries can be a direct result of negligence.
When Does Negligence Lead to Claims for Compensation?
Here are just a few examples of when negligence can lead to legal claims:
Mistakes by doctors or nurses during delivery and childbirth in which blood flow to the infant’s brain is cut off, which can result in birth injury claims.
Defective product claims, including workplace electrocutions from machinery or equipment that malfunctions.
Premises liability claims from drownings in unguarded swimming pools, or from building hazards that cause fire and smoke inhalation.
What Are Symptoms of Lack of Oxygen Injuries
Anoxic and hypoxic brain injuries are extremely serious and require immediate medical attention. It’s crucial to your well-being or that of your family member to understand possible signs of brain injury after an incident involving lack of oxygen.
Here are some of the symptoms to look out for, as described by the Brain Injury Association of America, that may indicate a hypoxic or anoxic injury:
Headache
Light-headedness or dizziness
Blue look to skin
Coordination problems
Poor concentration
Confusion
Loss of consciousness
If you experienced an incident that may have cut off oxygen supply to your brain, see a doctor right away. Even if you don’t think you have any symptoms, it is better to be safe. Every person reacts differently to brain injury and problems may not show up right away. Your doctor reports will also be evidence for your legal claim.
Treating Brain Injuries Due to Lack of Oxygen
Treatment can include restoring oxygen flow to the brain, medications, and rehabilitative therapies. Your doctor will determine what treatment is best for you based on your specific symptoms and injuries.
Medical treatment can be very expensive. People who experience anoxic and hypoxic brain injuries may get help paying their medical bills through a legal claim for compensation.
Pursuing Compensation: What’s Available in These Cases?
Compensation available in these cases can include payment for both economic and non-economic damages.
Economic damages include doctor bills, medications, rehabilitation costs, lost wages and benefits, and loss of earning capacity.
Noneconomic damages include pain and suffering and emotional distress.
What you may be able to claim depends on your unique losses. Our attorneys can help you determine your current and future damages.
How a Lawyer Helps with Hypoxic or Anoxic Injury Claims
Our attorney will assess your case to determine if you have a valid claim for compensation. If you do, your New York personal injury lawyer will handle all aspects of filing a claim, including investigating the evidence, determining liable parties, and negotiating with the insurers of at-fault parties.
We will seek to get maximum compensation that pays you back for both your current and future losses. Throughout your case we will be here to answer your questions and address your concerns. We will do the work of holding responsible parties accountable while you focus on your well-being and recuperation.
FAQs About Lack of Oxygen Brain Injuries
What is the life expectancy after an anoxic brain injury?
There are many factors that go into evaluating life expectancy after anoxic brain injury, according to healthcare experts. Your medical team can discuss with you your long-term prognosis. As attorneys, we can assist you in understanding your potential legal options if someone’s negligence caused your injuries.
Who can be held responsible for my injury?
The person who caused the accident that injured you can be held responsible. If your injury was due to a malfunctioning product, the company that manufactures that product can be held liable.
If a doctor caused injury during childbirth, or by giving too much anesthesia during an operation leading to anoxic or hypoxic brain injury, that individual may be held accountable.
Sometimes more than one party may be liable. We will work to hold all responsible parties liable.
Can I get compensation if my family member died from a brain injury?
If the injury was due to the negligence of another, you may be able to get compensation if you are an eligible distributee of the decedent.
Our wrongful death lawyers can advise you. In wrongful death cases, the personal representative of the deceased can file the claim for damages, which may include funeral and burial costs, lost wages and future income, and other losses.
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A hypoxic or anoxic brain injury can impact you forever. You may require long-term rehabilitative treatment or nursing care. You may not be able to work at the same level or be unable to work at all. The effects of severe brain injuries are extensive and will ripple through every part of your life. It is to your benefit if your injury or that of your family member was caused by another’s negligence, to speak with an attorney at Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C.
Call our New York law firm at (212) 490-5700 or contact us online for a free case assessment. When we take your case, you will pass us no up-front fees — you owe us nothing until we win you compensation.