A traumatic brain injury can dramatically alter the lives and families of those affected. If you or a loved one has suffered a traumatic brain injury in an accident that was not your fault, you deserve compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse brain injury lawyers are committed to helping clients and their families find the resolution they need in their case. We know each case is unique, which is why we offer personalized representation at every step of the way.
Traumatic brain injury (TBI), also known as an intracranial injury, occurs when an external force such as a bump, blow, or jolt to the head injures the brain. TBI typically disrupts the normal function of the brain. Mild TBI may affect the brain cells temporarily, whereas more serious TBI can result in long-term damage or even death.
A variety of accidents can lead to TBI, including but not limited to motor vehicle crashes, slip and falls, sports accidents, construction accidents, defective products, and assaults. According to the Centers for Disease Control and Prevention (CDC), TBI is the leading cause of death and disability among people aged one to 44. CDC data also reveals that almost eight out of 10 TBIs among older adults are caused by a fall. A person who has suffered a TBI is more likely to die from seizures, unintentional drug poisoning, infections, and pneumonia.
If someone else’s negligence was the cause of your TBI, you may be entitled to receive compensation for medical bills, rehabilitation costs, lost wages, pain and suffering, disability, and any other losses incurred due to the injury.
In New York, negligence takes place when a person causes an injury by failing to use reasonable care. Reasonable care is defined as the degree of care that an ordinary, prudent person would have used in the same or a similar situation. Negligence can arise from another person’s actions or failure to act when there is a duty to do so. For example, if a TBI is a result of an accident caused by a driver who ran a stop sign, that driver would likely be considered negligent because a driver using reasonable care would not run a stop sign. In order to establish negligence, the plaintiff must demonstrate the following: i) the defendant had a duty to use reasonable care; ii) the defendant violated the duty to use reasonable care; and iii) the defendant’s violation was a direct cause of the accident and the plaintiff’s resulting TBI.
If you have suffered a TBI because of someone else’s negligence, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse brain injury attorneys can meticulously analyze the facts of your case and provide you with an honest assessment of your claim. We understand that dealing with a TBI can be extremely daunting. You can rest assured we will make the legal process as seamless as possible for you. For a free case evaluation, call us at 315-479-9000 or contact us online.
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