Item: The Law Offices of Ivan M. Diamond
Rating: 5
Author: Martina Fernandez

Question 1

How do I obtain compensation to help pay for the extraordinary expenses of a Bronx brain injury?

Accepted Answer

Under New York law, those who suffered brain injuries as a result of someone else’s negligent, reckless, or intentional conduct can seek compensation for their expenses and other impacts that the injury places on their life through a Bronx brain injury lawsuit, which is a legal claim filed in civil court. To prevail in such a lawsuit, one must establish the liability of the defendants and the expenses and impacts due to the brain injury. Generally, claimants must file within three years after the date on which the injury occurred to preserve their claims. There are exceptions to this limit. An attorney can advise you as to how much time you have to file a claim.

Question 2

What kind of damages can I recover in a Bronx brain injury lawsuit?

Accepted Answer

A brain injury lawsuit can lead to the recovery of damages. The term “damages” refers to a monetary sum a liable party is required to pay to compensate for a victim’s monetary, physical, mental, emotional, and other kinds of harm. New York law provides for the recovery of both economic and non-economic damages. Economic damages refer to a tangible monetary amount representing the expenses one incurs as a result of an injury. Brain injuries often lead to many high expenses for which one may recover economic damages, including: Medical expenses, Lost wages, Loss of future earning capacity, Repair or replacement of property damaged in an incident. “Non-economic damages” refers to an intangible monetary amount to compensate a victim for other kinds of impacts an injury causes. Brain injuries impact every part of a person’s life. Impacts often included in calculating non-economic damages include: Pain and suffering, Emotional distress, Loss of the enjoyment of life. These lists are inexhaustive. You should consult an attorney to determine whether you may recover economic or non-economic damages for impacts resulting from a brain injury.

Question 3

How do I prove that someone else was liable for my Bronx brain injury?

Accepted Answer

A Bronx brain injury claimant must prove liability on the part of a defendant to prevail at a final hearing in their lawsuit. An attorney can prove liability in Bronx brain injury cases by establishing that: The at-fault party owed you a duty of care. One’s duty of care is to act as a reasonable person would in similar circumstances. The duty of care in your case depends on the defendant’s relationship to you at the time of the accident but generally requires one to act legally and safely. There was a breach in the duty of care. Breach refers to the action of the defendant that violated their duty of care. The breach caused your brain injury and subsequent expenses and impacts.

Question 4

Who is liable for my Bronx brain injury?

Accepted Answer

As with all personal injuries, the liability focuses on those with the last clear chance to avoid the injury. Most traumatic brain injuries, as noted above, arise out of the negligent conduct of the party or parties causing the injury. In a motor vehicle accident, these are most likely the drivers of other vehicles. Where the vehicle is commercial, potentially the driver’s employer, the owner or leaser of the truck, the manufacturer of the vehicle, and maintenance crews. Similar groups apply in other types of TBI accidents, natural or manmade disasters, slip-and-fall injuries, personal assaults, and other severe personal injuries. Each of these has its own set of specialized elements of proof, and a skilled and experienced TBI lawyer can help you to recover the best possible settlement for you.

Question 5

My Bronx brain injury was the result of an assault, and the at-fault party was arrested. Can I still sue?

Accepted Answer

Yes, a victim may file a brain injury lawsuit for intentional acts, even if a prosecutor issued criminal charges against the wrongdoer. The arrest may lead to criminal prosecution in which the government will seek to prove that the wrongdoer committed a crime. As a consequence of breaking the law, if convicted, the defendant faces financial penalties, incarceration, and other punishment. The criminal proceedings do not preclude civil action, including your brain injury lawsuit. Most criminals don’t carry insurance or have assets you can recover in a lawsuit. But a store, hotel, restaurant, nightclub, or other business has a responsibility to provide adequate security for its customers. If a business fails in that duty, you can seek compensation from it.

Question 6

How much can I recover in my Bronx brain injury case?

Accepted Answer

Damages awards and settlement amounts in brain injury lawsuits vary widely based on many factors. Each brain injury case presents unique facts and circumstances that determine the potential recovery amount. There are, however, several factors that can impact the value of your case. Insurance (or lack thereof) is a common example. Insurance covers most Bronx brain injury settlements and court awards. While you certainly can sue an uninsured person and even obtain a court judgment in your favor, collecting your award can be difficult as most uninsured people do not have enough money lying around to satisfy a substantial portion of an award. This is one reason it can be helpful to hire an attorney who will know who to go after to give you the best chance of recovering compensation.

Question 7

The at-fault party’s insurance provider already offered me a settlement for my Bronx brain injury claim. Should I accept?

Accepted Answer

Not until you consult with a brain injury attorney. Insurance providers are out to make money and do so by paying out as little as possible to their insured’s victims. An insurance provider’s initial offer will often be much lower than what you could obtain with the help of a brain injury attorney at your side to negotiate. Accepting an insurance provider’s initial offer is almost always a mistake, particularly when it comes to brain injury cases. The lifetime costs of medical treatment alone for a brain injury range from $85,000 to $3 million. This is to say nothing of other damages, such as lost wages for those whose brain injuries lead to unemployment. Brain injuries cause extraordinary impact not only on an individual’s ability to work, but to maintain relationships with family and friends, participate in previously enjoyed activities, and navigate life in myriad other ways. Settlements are a one-shot deal: If you agree to an amount that is insufficient to cover any past or future expenses and impacts, you cannot go back and ask for more money later. An experienced attorney can determine the full value of your brain injury case based on the current and potential impacts you may experience.

Question 8

When is the best time to call a Bronx TBI Lawyer?

Accepted Answer

Whether mild, moderate, or severe, traumatic brain injuries present complex cases of fact and law best handled by an experienced and knowledgeable TBI lawyer. New York is a no-fault state, which means that any recovery beyond your own insurance requires a sophisticated understanding of New York’s complicated no-fault, comparative negligence, uncapped damages personal injury recovery system. The best time to call a Bronx TBI lawyer is as soon as you can. The various insurance companies will be eager to settle quickly since a quick settlement is usually a smaller settlement. Having a skilled attorney at the earliest possible time will undoubtedly result in a better recovery of hard to predict lifetime medical and other expenses. Attorney Ivan M. Diamond is a Bronx personal injury lawyer who offers a free, no-obligation consultation. He will review the circumstances surrounding your accident and help you determine whether you have a personal injury or wrongful death case in New York. There are time limits within which you must file a claim for damages following the accident. If you miss the deadline, you lose your right to receive compensation, no matter how serious the injury, how tragic the death, or how clearly the accident happened because of another’s negligence. Contact the Law Offices of Ivan M. Diamond at (718) 588-2000 as soon as possible. He will even visit you at your home or in the hospital if your situation requires it.

Bronx Traumatic Brain Injury Lawyer

Why Choose the Law Offices of Ivan M. Diamond for Your Bronx Brain Injury

What Is a Traumatic Brain Injury?

Common Causes of Traumatic Brain Injuries in the Bronx

Symptoms of a Traumatic Brain Injury

Long-Term Effects of Traumatic Brain Injuries

Frequently Asked Questions About Traumatic Brain Injuries in the Bronx

What Compensation Can I Receive for a TBI?

How Long Do I Have to File a Brain Injury Lawsuit in the Bronx?

How Much Can I Recover in My Bronx Brain Injury Case?

How Much Will It Cost to Get a Bronx Brain Injury Attorney?

Contact the Law Offices of Ivan M. Diamond Today

The Law Offices of Ivan M. Diamond