A serious head injury or a brain injury can have permanent and debilitating consequences, forever changing the life of the victim. Head injuries can lead to a variety of temporary or permanent physical problems such as blindness, deafness, a concussion, dementia and even paralysis. A head injury can be an injury to the scalp, the skull or the brain caused by trauma. According to the Centers for Disease Control each year over 1.7 million people suffer head injuries serious enough that they cause brain injuries. Sadly, 52,000 die as a result. However, many head injuries are avoidable, resulting from the negligence of another person. If you or someone you care about is suffering from a head injury caused by the negligence of another person, it is important that you immediately contact an experienced New York Head Injury Lawyer who will help you recover compensation for your losses.
Causes of head injuriesWhile falls are the leading cause of head injuries, a head injury can occur in many types of accidents. In a construction accident a worker may fall slamming his head on the hard surface below, or may be hit in the head by falling debris. Similarly, in a car accident the impact of the collision may cause the victim's head to smash into the dashboard, or the victim may be thrown from the vehicle landing on his head. Head injuries are common to other types of vehicle accidents. For example, victims of motorcycle accidents or bicycle accidents frequently suffer severe head injuries even when they wear helmets. In fact, vehicle accidents are the leading cause of deaths from head injuries.
ExampleIn October 2003, 53-year-old Linda Sanchez was driving her car when a chunk of concrete fell on her car, smashed through her windshield and hit her in the head. Sanchez lost consciousness and ran into a tree. As a result of the accident, Sanchez numerous skull fractures, a epidural hematoma, a traumatic subarachnoid hemorrhage, facial lacerations and trauma in the area of the skull where the olfactory nerve is located. While Sanchez's injuries did not require surgical intervention, they did cause her a great deal of pain and required her to stay in the hospital for 2 days. The court determined that as a result of the accident Sanchez suffered and will continue to endure substantial pain and suffering as a direct and proximate result of the accident. In ruling on whether Sanchez was entitled to compensation for pain and suffering, the court awarded her $100,000 in damages for past pain and suffering and $375,000 for future pain and suffering. Sanchez v. State, 2008 NY Slip Op 52659(U) (N.Y. Ct. Cl. 5/16/2008)
Recovering compensationA head injury not only affects your heath, but will also affect your ability to work and your general quality of life. In addition, a head injury can have a devastating effect on the finances of you and your family if you are unable to work for an extended period of time. Fortunately, if your head injury resulted in an accident caused by another person's negligence, you may be entitled to a number of types of compensation.
Medical Bills: Medical bills include fees associated with the emergency room, hospital stay, surgery, visits to your doctor, prescriptions and rehabilitation.
Loss of Income: Loss of income includes not only loss of your paychecks. It also includes the value of sick or vacation days you had to use while recovering as well as in other type of compensation and benefits that you lost.
Pain and Suffering: Whether you will be entitled to receive pain and suffering damages and the amount of such damages depends on the seriousness of your injuries. For injuries that leave permanent damage your pain and suffering award is likely to be greater than if you completely recover from your injuries.
Wrongful Death: If the victim’s accident was fatal, the family may have legal recourse via a wrongful death suit. The claim can include reimbursement for medical bills, pain and suffering, and loss of future income.
New York Head Injury LawyerIf you or a loved one was injured in an accident that resulted in a head injury, contact an experienced attorney who understands both the legal issues associated with personal injury cases as well as the medical and emotional issues associated with head injuries. Stephen Bilkis and Associates is experienced representing clients who have been sustained head injuries and other types of injuries in auto, truck, motorcycle, boat, and construction accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.