Experiencing a traumatic brain injury (TBI) can profoundly impact one’s life. The physical, cognitive, and psychological effects of TBI can prevent victims from returning to their normal lives. TBI lawyers from Davis, Saperstein & Salomon provide essential legal assistance to those recovering from these devastating injuries. The experienced Traumatic Brain Injury Lawyer team at Davis, Saperstein & Salomon has a proven track record of success in handling these types of catastrophic injury cases.
Understanding Traumatic Brain Injuries
A TBI occurs when a violent blow or jolt to the head disrupts normal brain function. The brain essentially collides with the inside of the skull, causing bruising, bleeding, and other physical trauma.
Common causes of TBI include:
- Falls
- Motor vehicle accidents
- Collisions during athletic activities
- Assaults
- Explosions
TBIs are categorized as mild, moderate, or severe based on factors like the extent of damage and length of unconsciousness. Even mild TBIs can result in cognitive problems that significantly impact quality of life.
Common Effects of Traumatic Brain Injuries
TBI effects vary widely but frequently include:
Physical Effects
- Headaches
- Dizziness
- Nausea
- Fatigue
- Visual disturbances
- Balance issues
- Seizures
Cognitive Effects
- Difficulty concentrating
- Memory problems
- Slowed processing speed
- Disorientation
- Difficulty performing familiar tasks
Emotional/Behavioral Effects
- Personality changes
- Irritability
- Impulsivity
- Depression
- Anxiety
- Aggression
The initial recovery period after a TBI is critical. An experienced traumatic brain injury attorney can help victims and families navigate the complex legal and healthcare systems during this vulnerable time.
Why TBI Victims Need Legal Representation
The consequences of TBI often prevent victims from returning to work or school. They require extensive medical treatment, rehabilitation services, in-home care, and other forms of support. TBI lawyers help clients:
- Pursue compensation from negligent parties to cover losses
- Deal with insurance companies trying to minimize or deny claims
- Take legal action when necessary to recover damages
- Access community resources and government benefits
- Develop life care plans for long-term care needs
- Plan finances to provide stability despite lost income
Expert attorneys also reduce stress so clients can focus their energy on healing and recovery.
Davis, Saperstein & Salomon – Traumatic Brain Injury Lawyers
With over 50 years of combined experience, the legal team at Davis, Saperstein & Salomon has an in-depth understanding of TBI cases. Their personal injury lawyers assist victims throughout New York, including the NYC metro area.
Their track record of success includes recovering multi-million dollar verdicts and settlements for clients with catastrophic injuries. The firm provides knowledgeable and compassionate support from the initial consultation through the resolution of the case.
Davis, Saperstein & Salomon employs a team-based approach to meet all of a client’s needs in areas like medical care, finances, insurance, government benefits, and disability rights. Key members of a client’s team include:
- Medical professionals – Coordinate care and develop life care plans. Provide expert testimony on injuries and prognosis.
- Vocational experts – Assess the impact on employment and earning potential.
- Economists – Calculate economic losses from medical costs, lost income, and other damages. Provide data to support settlement demands.
- Investigators – Gather evidence to prove liability and damages. Reconstruct accident scenes.
- Legal assistants – Handle communications, filings, research, and administrative tasks to maximize attorney time on critical legal work.
This collaborative approach delivers the best possible results for TBI victims facing overwhelming challenges.
Proving Liability in Traumatic Brain Injury Cases
Establishing legal liability or fault is the first step in pursuing compensation after a TBI. An attorney must prove negligence on the part of a liable party, such as:
- A driver who caused a collision
- A builder who violated safety codes
- A supervisor who failed to provide proper training or safety equipment
Police reports, medical records, accident reconstructions, expert testimony, and other evidence can demonstrate negligence. Witness interviews and depositions also provide key details.
If multiple parties share liability, an attorney can identify all avenues for recovering damages for the client. This requires comprehensive investigation and litigation skills.
Calculating Damages in Traumatic Brain Injury Cases
The losses that stem from TBI can be extensive and long-lasting. Lawyers gather evidence to prove both economic and non-economic damages, which may include:
Economic Damages
- Past and future medical expenses
- Lost income
- Loss of future earning capacity
- Rehabilitation and life care costs
- Prescription drugs, equipment, and supplies
- Home or vehicle modifications
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Disability or disfigurement
- Emotional distress
- Loss of companionship or consortium
When building a TBI case, lawyers must thoroughly examine factors like:
- The severity of the injury
- Duration of effects
- Impact on quality of life
- Required lifestyle changes
They utilize medical evidence, expert testimony, treatment records, and healthcare cost data. Economic experts calculate lifetime costs based on the projected treatment needs and disability.
Traumatic Brain Injury Settlements and Verdicts
The value of a TBI case depends on elements like medical evidence, expected prognosis, economic losses, and liability. Settlements often reach millions of dollars due to the huge costs these catastrophic injuries frequently incur.
If a fair settlement cannot be negotiated, the case may go to trial. Jury verdicts for TBI cases also commonly reach seven or eight figures depending on the severity of the injury and negligence involved.
Sample TBI Verdicts and Settlements
| Type | Details | Award |
|---|---|---|
| Settlement | Fall from scaffolding led to permanent disabilities. | $9 million |
| Verdict | Motorcyclist suffered brain damage after truck failed to yield. | $10 million |
| Settlement | Minor hit by car in crosswalk had lasting cognitive deficits. | $7.2 million |
| Verdict | Man fell 30 feet due to unsafe scaffold, resulting in TBI. | $6.1 million |
| Settlement | Pediatric patient suffered lack of oxygen during surgery leading to severe brain damage. | $5.2 million |
Experienced attorneys maximize recoveries for TBI clients. They understand how to prove liability, demonstrate long-term effects, and calculate lifetime costs stemming from the injury. Their negotiating and litigation skills put pressure on insurance carriers.
Choosing the Right Traumatic Brain Injury Lawyer
Not all personal injury firms have the resources and track record to handle catastrophic TBI cases.
- Case results – A proven record of multi-million dollar recoveries indicates the ability to handle complex TBI cases successfully.
- Resources – Handling these cases takes substantial resources for expert witnesses, accident reconstructions, life care planning, litigation support, and other needs.
- Reputation – Check lawyer rankings and reviews. An excellent client reputation demonstrates a commitment to client service.
- Staffing – Look for a team-based approach that surrounds clients with support and provides access to specialists.
- Experience – Ask about years handling TBI cases, number of cases handled, and types of cases. Look for extensive specific experience.
- Accreditation – Legitimate lawyer associations denote a commitment to ongoing education and service excellence.
Davis, Saperstein & Salomon exemplify what to look for in a law firm for TBI cases. Their proven success, resources, reputation, team structure, and substantial experience produce optimal results.
Contact a Skilled Traumatic Brain Injury Attorney Today
Suffering any level of traumatic brain injury can negatively impact quality of life and economic stability. An expert attorney levels the playing field against insurance companies and at-fault parties. Davis, Saperstein & Salomon have helped TBI victims recover millions in compensation for over five decades. Contact them today for a free consultation if you or a loved one suffered a traumatic brain injury due to someone else’s negligence. Their legal team will protect your rights and maximize your recovery.