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Accident And Injury Attorneys

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Abogados De Accidentes

Long Island Brain Injury Lawyer

Law Office of Cohen & Jaffe, LLP.

Law Office of Cohen & Jaffe, LLP.

LEGALLY REVIEWED BY:
Richard S. Jaffe, Trial Attorney and Litigator

November 29, 2024

If you suffered a brain injury after an accident, you can pursue compensation from a liable party. Brain injuries can range from mild to severe, causing serious, long-lasting medical conditions that require extensive treatment. Some traumatic brain injury (TBI) victims suffer permanent impairment and find their lives forever changed.

The Long Island brain injury attorneys of the Law Office of Cohen & Jaffe, LLP help victims and their families regain financial footing after life-changing accidents. We can identify the at-fault party in your accident and pursue compensation for a variety of losses in Long Island.

long island ny brain injury lawyer

Compensation Can Help You and Your Family Cope with a Brain Injury

A brain injury can change every aspect of your life. According to Injury Epidemiology, researchers estimate that about 43% of TBI survivors suffer a permanent disability, even with immediate medical treatment and ongoing rehabilitation.

Long-term treatment can run a family hundreds of thousands of dollars. Brain injuries may also leave a victim unable to work or even perform basic daily activities. Personality changes from TBIs can destroy marriages and tear families apart, as well.

You and your family deserve fair compensation to cope with these losses. Our brain injury lawyers want to help you get the care you need. We can calculate both your economic and non-economic losses and fight for what you deserve, no less. The importance of seeking experienced legal guidance to navigate the complexities of filing a brain injury lawsuit within the statute of limitations cannot be overstated. The following damages may warrant financial recovery after a brain injury.

Medical Expenses

Immediate medical intervention after a brain injury can include:

  • Ambulatory and emergency room care
  • Surgeries
  • Hospitalizations
  • Medication
  • Doctors’ and specialists’ appointments

Depending on the severity of your injury, you may also require months or years of rehabilitation, such as cognitive therapy, physical therapy, speech therapy, and more. If your brain injury results in permanent impairment, you will likely incur medical expenses, including in-home aid, for the rest of your life.

We can account for both your current and future medical treatment when calculating your losses. We can gather evidence to substantiate your claim, including your injury-related medical bills to date and expert medical testimony on your prognosis. Additionally, it’s important to recognize that non traumatic brain injury, which does not result from physical trauma but from internal disruptions like a lack of oxygen or a brain tumor, can also lead to significant medical expenses due to the widespread effects on the brain.

Lost Wages and Reduced Earning Capacity

Even a mild brain injury can keep you out of work while you recover. After a severe brain injury, you may never return to work. Even if you can perform some of your previous duties or begin a new career, you may not be able to earn your pre-injury income.

We can seek your lost wages, including

  • Bonuses
  • Sick leave
  • Paid vacation time
  • Benefits

We can also seek reduced earning capacity for the difference between your pre-injury income and your current earnings.

Pain and Suffering and Loss of Quality of Life

Pain and suffering account for your physical pain after a brain injury. Though this is not a financial loss, it warrants compensation. We can use a couple of different methods to assign a dollar amount to this loss.

If you now suffer a disability, we can also pursue additional damages for loss of quality of life. Your settlement or verdict should account for the ways your brain injuries have altered your life. We are dedicated to pursuing every penny you deserve.

Wrongful Death Damages

We understand that nothing can make up for the loss of a loved one. Still, you and your family deserve compensation that can help you adjust in their absence. For example, you may recover:

  • Medical expenses for any treatment your loved one received
  • Awards for their pain and suffering
  • Awards for the companionship they provided you and your family members
  • Lost wages if you took time off to care for them before their passing
  • Awards for the income they would have provided
  • Funeral and burial services

We can handle your wrongful death case so you can grieve with your family in peace.

Negligence May Factor Into Brain Injury Accidents

Brain injuries can result from a variety of accidents. Whenever an external force causes rapid movement of the head, such as the impact of a rear-end car crash, the brain can scrape against the skull and suffer damage. Any of the following accidents can involve a blow or jolt to the head:

  • Slip and falls
  • Motor vehicle accidents
  • Motorcycle accidents
  • Boating accidents
  • Pedestrian accidents
  • Dog bites, especially when the victim is a child
  • Assaults

Head injuries, including traumatic brain injuries like concussions and contusions, can arise from these incidents, highlighting the importance of understanding the various types and potential severity of these injuries.

In any of these cases, another party may have owed you a duty of care to keep you reasonably safe, and their failure, due to someone else’s negligence, could be the cause of your brain injury. For example, motorists must follow traffic laws and check their blind spots for motorcyclists. Property owners must maintain their premises so guests or patrons do not succumb to a hazard. Our Long Island brain injury lawyers can help you hold another party liable for causing or contributing to your brain injury accident.

TBI Symptoms Can Be Difficult to Detect

Any major blow or jolt to the head can cause a TBI, even if the skull does not fracture. Victims may not even suffer a direct impact to the head or a loss of consciousness. Some symptoms may take longer to present themselves, while others may be present from the start of the injury. Traumatic brain injuries can lead to the damage of brain cells, which in turn can cause the variety of symptoms described.

For these reasons, many TBI victims do not immediately realize they have suffered this type of injury and go months without treatment. Even first responders and doctors can miss the symptoms of a TBI. Traumatic brain injuries encompass a range of conditions from mild concussions to severe brain damage, each with its own set of symptoms that can affect cognitive function, physical abilities, and emotional well-being.

In fact, the TBI victim will often appear to be “normal” immediately after an accident. Most of the time, a family member, close friend, or co-worker will be the first to notice the signs and symptoms of TBI. The victim may seem dazed, angry, or a little off. Keep an eye out for the following symptoms if you suffered an accident:

Mild TBI Symptoms

Mayo Clinic notes that a mild TBI, a concussion, may cause:

  • Loss of consciousness for a few seconds to a few minutes
  • No loss of consciousness, but a state of being dazed, confused, or disoriented
  • Memory or concentration problems
  • Headache
  • Dizziness or loss of balance
  • Nausea or vomiting
  • Slurred speech, blurred vision, ringing in the ears, or a bad taste in the mouth
  • Sensitivity to light or sound
  • Mood swings
  • Depression or anxiety
  • Fatigue or drowsiness
  • Difficulty sleeping
  • Sleeping more than usual

Any head injury is a medical emergency because unseen consequences can rapidly become worse without treatment. Doctors need to diagnose the patient quickly to provide appropriate medical care. It’s important to recognize that even a minor brain injury can lead to significant symptoms such as dizziness, disorientation, temporary memory loss, and headaches, underscoring the need for taking all brain injuries seriously.

Severe TBI Symptoms

A severe TBI may cause the symptoms of a mild injury, along with additional symptoms within the first hours to days after the head injury, including:

  • Lengthy loss of consciousness or inability to wake from sleep
  • Profound confusion
  • Agitation, combativeness
  • Weakness or numbness in fingers and toes
  • Loss of coordination
  • Persistent or worsening headache
  • Repeated vomiting or nausea
  • Convulsions or seizures
  • Dilation of one or both pupils of the eyes
  • Clear fluids draining from the nose or ears

A severe TBI can cause cognitive damage (judgment, memory, learning), communication problems (speaking and understanding what others say), and behavioral and emotional changes (mood swings, depression, social difficulties, or outbursts).

In some cases, a TBI victim goes into a coma or a persistent vegetative state, developing a life-threatening degenerative brain disease.

Seek Medical Care Immediately After an Accident

You may be suffering from a TBI even if you are not experiencing any symptoms. Seek medical attention after an accident so you can rule out or begin addressing a TBI. The sooner you see a doctor, the better. Your chances of recovering from a TBI can improve if you receive medical treatment sooner than later.

Make sure you specifically tell the doctor that you suffered a blow or jolt to the head so they can perform the appropriate diagnostic tests. Traditional CT or MRI scans may not detect TBIs. Your doctor or specialist may use advanced medical technologies, including Diffusion Tensor Imaging (DTI) to assess your brain injury.

Medical Documentation Can Help Support Your Case for Compensation

Along with diagnosing your brain injury and providing treatment, your doctor also plays an instrumental role in your case. Their documentation can help us calculate your damages and link another party’s negligence to your brain injury. This ensures your right to seek fair compensation.

Make sure you follow through with any treatment plan your doctor and specialists prescribe. Your health depends on it, as does your case. If you don’t, the liable party may claim you worsened your injuries. Do not give insurers a chance to pay you less than you deserve or outright deny your claim.

Our Brain Injury Lawyers Can Help Pursue Fair Compensation

You deserve to focus on your recovery or tend to your loved one after a brain injury accident. The Long Island brain injury lawyers at the Law Office of Cohen & Jaffe, LLP can take on your case so you have one less thing to worry about. We want you to feel comfortable throughout the legal process, not stressed.

We can provide responsive legal care from beginning to end. When we take on your case, we can help:

  • Investigate your accident
  • Gather evidence, which may include obtaining police reports, interviewing witnesses, and securing expert testimony
  • Complete all the paperwork for your claim or lawsuit
  • Communicate with insurers and defense attorneys
  • Calculate your damages
  • Negotiate for fair compensation
  • Assess settlement offers
  • Litigate on your behalf

We take the guesswork out of the legal process, and we will not leave you wondering about the status of your case. You can call your attorney at any time to ask questions or express concerns along the way. We will be with you at every step.

Our firm has a proven track record of success in handling traumatic brain injury cases, ensuring our clients receive the compensation they deserve for their injuries and losses.

We Make Our Legal Services Affordable

You don’t have to worry about how you are going to afford our legal services. We take brain injury cases on a contingency-fee basis so you don’t have to risk more financial loss.

We can represent you without charging an upfront fee, retainer, or hourly rates. We take our payment from any compensation we secure in your case.

This allows us to get started on your case right away. It also gives you the confidence of working with a firm that believes in your case and will use every resource to win it.

We Can Explain Your Legal Options During a Free Consultation

You are likely overwhelmed by your injuries or tending to a loved one. You do not need to spend valuable time researching laws and weighing your options for compensation. We can explain your legal rights and give you an idea of how much you stand to recover during a free, no-obligation consultation.

You can ask us questions about filing an insurance claim or lawsuit, and we can explain our legal services in more detail. We can then jumpstart your case so you do not waste any time. This is your chance to get clear on your legal options so you can pursue the awards you deserve.

What Sets the Law Office of Cohen & Jaffe, LLP Apart

Our legal team has over 100 years of collective experience in personal injury litigation in New York. We help TBI victims and their families recover fair compensation so they can get the treatment they need. When we take on your case, we will bring all our knowledge and resources to the table.

Check out what sets us apart:

Recovering Hundreds of Thousands of Dollars in Brain Injury Cases

We invite you to review our case results, which detail how we helped various brain injury victims recover compensation. A few of our successful brain injury cases include:

  • Hundreds of thousands of dollars for a brain injury victim who was hit by a car while he was crossing the street. Our firm suspected he had a TBI and consulted brain injury specialists after his doctor claimed he had completely recovered. The specialist proved he suffered a TBI, and we successfully held the liable party accountable. They offered a fair settlement before the case even went to trial.
  • An entire insurance policy paid to the victim of a T-bone car accident. Our firm worked to prove the severity of her TBI and made the insurance carrier do a “180” after they initially denied her claim.

Our Previous Clients Are Happy They Chose Our Firm

Our client testimonials can give you a better idea of what our firm has to offer. Look at what some of our previous clients had to say about working with our lawyers:

  • “I was very fortunate to have Richard Jaffe of Law Office of Cohen & Jaffe, LLP represent me in my case. Throughout the entire process, Rich was professional, always explaining every detail of my case. He was available whether it was through a phone call, text or email. Not only was Rich an extreme professional but he also kept it personal, not making me feel like a case number. I would highly recommend Richard Jaffe, his firm and all of his staff to anyone seeking diligent and professional results.” – Eric, previous client
  • “I had a wonderful experience working with Richard Jaffe. He was incredibly responsive to my needs and was able to negotiate a far better settlement with my insurance company than I would have ever done if I had handled the matter on my own. I highly recommend Richard Jaffe to anyone involved in a personal injury claim or any other suit where they need the support and resources of a skilled and dedicated attorney.”- Esther G, previous client
  • “A wonderful practice to deal with, when I had my accident I didn’t know how to proceed and what was going to happen, Steven Tyger and Maria Fiore kept me in the loop constantly and consistently about what was going on and what to expect from my lawsuit. Mr. Tyger fought for me and got me a very nice settlement. I thank you all for the work you put in for me and I highly recommend letting Law Office of Cohen & Jaffe, LLP represent you in your legal matters” – Lain L, previous client
  • “I was involved in a car accident and from the beginning Steven Tiger and Rich Jaffe were there for me no matter what I needed. They were a great support. The results of my case were above my expectations and a direct result of their hard work and tireless efforts. I highly recommend them to anyone who needs a personal injury lawyer.” -Lynda, previous client

Now, we want to see how we can help you and your family.

You do Not Have Long to File a Lawsuit in New York

CVP § 214 generally gives you three years from the date of the accident to file a personal injury lawsuit. You have even less time–only two years, generally – to file a wrongful death lawsuit, per EPT § 5-4.1.

If you do not file on time, you could see the court dismiss your case and lose your last chance to recover compensation. Keep in mind that brain injuries can take time to manifest. The sooner you receive a diagnosis and get started on your case, the better.

When you or a loved one is suffering from a brain injury in Nassau, Suffolk, Kings, or Queens County, we can help you abide by any deadlines in your case. We will work to streamline the legal process as much as possible.

Reach Out To Our Brain Injury Lawyers in Long Island, NY Today

After an accident, you or your loved one may be facing a long road to recovery. If you suffer permanent impairment due to a brain injury, the consequences are even worse. Your family may also be devastated by the loss of a loved one. You do not need the added stress of mounting medical bills, lost wages, and other losses.

We can handle your brain injury or wrongful death case and seek fair compensation. Call our TBI lawyers now at (516) 358-6900 or fill out our simple  for a free, no-obligation evaluation of your case. We can go over your legal options and explain how our Long Island brain injury lawyers can help.

Q&A

What should I do if I experience a head injury after a traumatic accident?

If you experience a head injury following a traumatic accident, it’s crucial to seek immediate medical attention, even if you feel fine. Head injuries, particularly traumatic brain injuries (TBIs), may not always present symptoms right away, and early treatment can improve recovery. Additionally, documenting your injury and seeking legal help may aid in pursuing personal injury claims for compensation.

Can I file a personal injury claim if my head injury leads to permanent brain damage?

Yes, you can file a personal injury claim if your head injury results in permanent brain damage. The claim can seek compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, and loss of quality of life. An attorney can help calculate both economic and non-economic losses related to the long-term effects of the brain injury.

How do traumatic accidents cause permanent brain damage?

Traumatic accidents, such as car crashes or slip and falls, can cause rapid movement of the head, resulting in the brain hitting the skull and suffering damage. This damage can lead to traumatic brain injuries (TBIs), which, in severe cases, may result in permanent brain damage, affecting cognitive function, physical abilities, and emotional well-being.

What compensation is available for personal injury claims involving head injuries from traumatic accidents?

Compensation for personal injury claims involving head injuries can cover various damages, including medical expenses (immediate and long-term care), lost wages, reduced earning capacity, pain and suffering, and loss of quality of life. If the injury causes permanent brain damage, the claim can also include compensation for lifelong care and support.

How can I prove permanent brain damage in a personal injury claim?

Proving permanent brain damage in a personal injury claim typically requires medical documentation, including diagnostic tests (e.g., CT scans, MRIs), medical records, and expert testimony. Working with an experienced attorney ensures you gather the necessary evidence to substantiate your claim and demonstrate how the traumatic accident led to your long-term impairment.

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