Severity and Types of Brain Damage
Catastrophic brain injuries are often life-changing and expensive. The severity and types of brain damage you experienced as the result of an accident may be such that your daily life and capacity to work are dramatically altered. You may need medical care that exceeds your means. Insurance companies for the person or business at fault may try to avoid paying compensation you need or may offer you less than what your case is worth. Seeking legal representation from experienced Syracuse personal injury attorneys is an important step to obtaining redress. At DeFrancisco & Falgiatano Personal Injury Attorneys, we have decades of experience obtaining compensation for accident victims.Severity and Types of Brain Damage
Brain damage occurs in connection with accidents or medical errors that cause the destruction or deterioration of brain cells. Traumatic brain injuries, such as those sustained in serious Syracuse car accidents or motorcycle accidents, can be mild, moderate, and severe. While a mild brain injury may have temporary consequences, severe brain injuries can result in disabling and life-altering problems for an accident victim. A person who in a coma, for instance, may be dependent on loved ones and caregivers for the remainder of his or her life.
Traumatic brain injuries are caused by external force to the head that causes movement of the brain within the skull, or perhaps damages the skull. For example, if your husband was in a multiple car pile-up on the freeway near Syracuse and the crash involved a head-on collision, he could suffer a severe traumatic brain injury.
In order to recover damages in many of these types of cases, our Syracuse personal injury attorneys need to establish negligence. This requires us to show: (1) the plaintiff was owed a duty to use reasonable care, (2) the defendant failed to use the reasonable care required by the situation, such as by speeding or drunk driving, (3) the failure to use reasonable care caused brain damage, and (4) actual damages from the brain damage.
Acquired brain injuries often arise due to pressure on brain cells, as from tumors or neurological illnesses. Sometimes these are birth injuries, but they can also be the result of professional negligence in the context of adult patient care.Your Damages Depend the Severity of the Brain Damage
In most cases, juries award compensatory damages once we’ve established liability. These are damages that make up for your past and future economic and noneconomic losses. Economic losses are tangible losses. In most cases they are supported by documentation such as bills, receipts. and records. They could include:
- Medical expenses,
- Out-of-pocket expenses,
- Replacement services,
- Lost wages.
Noneconomic losses are intangible losses. They are often supported by witness testimony, either your own or those of your family. These items of loss may include:
- Pain and suffering,
- Lost earning capacity,
- Emotional anguish,
- Mental distress,
- Loss of enjoyment of life,
- Loss of consortium.
Suppose, for instance, your wife was in a car accident in Syracuse that resulted in a severe traumatic brain injury. She might not be able to do her job, clean her house or engage in recreational pursuits. Assuming you were her guardian, you could file a lawsuit on her behalf to recover the actual costs of her medical care and treatments, along with any future care that would be needed.
It is common for couples to struggle financially after one spouse suffers a catastrophic injury like brain damage and can no longer earn a living. Our personal injury lawyers may be able to recover damages for your spouse’s past, present and future wage loss.
We would also pursue damages for all intangible aspects of her life that have been detrimentally affected by her accident-related brain damage. Moreover, as her spouse, you would also have a claim for loss of consortium, related to the losses in your relationship with her due to her brain damage.Hire a Seasoned Personal Injury Attorney for the Best Outcome
The severity and types of brain damage you suffered through the fault of another will have a big impact on your damages award. But to obtain the best outcome by hiring experienced trial attorneys with great reputations. The veteran Syracuse personal injury lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys serve all up Upstate New York. We represent people injured in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, Buffalo, Albany, and Elmira. For a free consultation, complete our online form or call us at 315-479-9000.