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Understanding Brain Injuries from Car Accidents

New York State Department of Health statistics show that nearly 157 brain injury incidents leading to hospitalization or death occur every day statewide. Car accidents are a leading cause of these injuries.

A traumatic brain injury in a car accident can result when the strong impact from a crash causes the brain to bounce rapidly back and forth in the skull. They can also happen if the head strikes the steering wheel, dashboard, or other hard surface, or if something penetrates the head and brain.

Types of Brain Injuries

Types of traumatic brain injuries include the following:

  • Concussions: Concussions are categorized as mild brain injuries because they are typically not life-threatening, but they are still serious and require medical attention, according to the Centers for Disease Control and Prevention. Headache, nausea, vomiting, fatigue, and dizziness are some of the symptoms of concussion.
  • Contusions: Contusions are bruises to the brain that cause bleeding and swelling in the head. They can be milder or a medical emergency. Dilated pupils, memory problems, and coordination and movement difficulties are a few signs of a serious brain contusion injury.
  • Diffuse axonal injury: This is a severe brain injury that can lead to coma and death. These injuries require emergency treatment and may result in extensive and ongoing rehabilitation.
  • Penetrating brain injuries: Penetrating brain injuries are the result of objects piercing the brain. This could happen in a car accident if bone from a skull fracture or glass or metal pierce the brain. These injuries, which have a high fatality rate, require immediate emergency care.

See a doctor right away after a car accident in which you may have impacted your head and brain. For legal concerns, speak to one of our brain injury lawyers in NYC.

Why Brain Injuries from Car Accidents Are Serious

The average car weighs around 4,000 pounds. When vehicles collide, the force on occupants from being tossed around and hitting their heads or having their necks and heads jerked quickly back and forth is powerful.

So, it is not surprising that brain injuries are common in serious accidents.

Long-Term Effects of Brain Injuries

Brain injuries can result in serious physical and psychological issues. They can leave a person unable to walk or communicate.

They can affect memory, sleeping patterns, problem-solving and reasoning abilities, and have additional cognitive impacts. People with brain injuries may suffer from depression and anxiety.

These effects may never go away in severe cases.

The Financial Cost of Brain Injuries

Emergency care, surgeries, rehabilitation, nursing care, and other medical treatments for brain injuries is expensive.

Studies have placed lifetime costs of treatment from the tens of thousands into the millions of dollars. People with these injuries often cannot work, contributing to their financial issues.

When you or a loved one have sustained a brain injury due to the negligence of another driver or other party, you should learn your options about filing a legal claim.

How to Prove Brain Injury in a Car Accident in NYC

To be successful in your claim, you will need to show evidence to prove you have a brain injury. You will also need to prove the severity of your injury, as this will help drive how much money you ask for in your claim.

You will also need evidence to prove the negligence of the other driver.

Gather Evidence of Your Injuries

Key types of evidence to gather in these cases includes:

  • Your medical records
  • Testimony of medical professionals who are experts in brain injuries
  • Other expert testimony, such as from accident reconstruction experts
  • Accident reports from police
  • Eyewitness statements as to how the accident happened
  • Photographs and video from the accident scene
  • Bills for medical care and other expenses directly resulting from the accident

Hire Legal Representation

It is also invaluable to get the help of a knowledgeable car accident lawyer, especially one who has experience in brain injury cases.

Our attorneys at Hecht, Kleeger & Damashek will gather the evidence for you, help you determine the value of your case, and build the strongest possible claim on your behalf.

Compensation for Brain Injuries in Car Accidents

Compensation in brain injury claims varies based on all the circumstances. The losses, or damages, you’ve sustained in your accident will greatly determine compensation for your brain injury claim.

These include damages already incurred and those you will incur in the future. Here are types of damages commonly pursued in these cases:

  • Economic damages: Medical expenses, rehabilitation costs, lost wages, and loss of earning capacity
  • Non-economic damages: Pain and suffering, loss of quality of life, and emotional distress

We can help you determine what damages to seek and calculate what your claim is worth.

What To Do After a Car Accident Resulting in a Brain Injury

After a brain injury car accident in NYC, take the following steps:

  • Call 911 to get help from first responders
  • If you are not taken to the hospital by ambulance, get medical treatment as soon as possible
  • Exchange information with the other parties to the crash
  • Begin gathering evidence by documenting the accident scene
  • Get contact information from eyewitnesses
  • Notify your auto insurance company about the accident

Finally, call a NYC car accident lawyer to investigate the crash and being working on your claim.

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Brain Injury Car Accident FAQs

What are brain injury symptoms after a car accident?

Brain injury symptoms include headaches, nausea, vomiting, poor balance, blurred vision, problems speaking, dilated pupils, mood swings, loss of consciousness, convulsions and seizures, confusion, and clear fluids draining from the nose or ears, and more. The symptoms you or your loved one experience will depend on the severity of the injury.

Can I recover compensation for a minor brain injury?

Yes–you may be able to recover compensation for a minor brain injury. Even minor brain injuries can be debilitating and require medical care.

Minor brain injuries can also be permanent, meaning it will affect you for the rest of your life. We will examine the details of your accident and injuries and advise you about pursuing compensation.

How long does it take to resolve a brain injury car accident claim?

It can take several months or a year or longer to resolve a brain injury car accident claim. If we are able to settle your claim for a fair amount with the insurance company, it will typically resolve faster.

If the at-fault party and their insurer dispute your claim and we have to take your case to court, it will generally take longer.

Why should I hire a lawyer for my brain injury case?

Injuries to the brain are very serious and costly. Insurance companies will do everything they can to try and avoid paying or to pay as little as possible.

A personal injury lawyer who knows how to stand up to insurers at the negotiating table, and how to win in front of a jury if your case goes to trial, will ensure that you get the best possible financial outcome. Without a lawyer, you could be left accepting a low-ball settlement or not getting compensation at all.

Contact Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. for Help

At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. we understand the suffering and distress that brain injuries bring to victims and their families.

We know how great the financial stresses are after a serious injury accident. We want to help you explore your legal options for getting compensation.

Call us at 212-490-5700 or contact us online to schedule a free case evaluation. You don’t pay us a fee unless we win.

Call Hecht, Kleeger & Damashek Today

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