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Brain Injuries: Types, Causes, and Your Legal Options

As premier personal injury attorneys in New York, we specialize in helping accident victims of all kinds find the justice they deserve. If you suffered serious injuries as a result of someone’s negligence, we may be able to help. Contact us online to schedule a free consultation today.

There’s a reason we instinctively cover our heads during an accident. Although it’s only one of many crucial organs, the brain is the seat of our personhood. Without it, we’re simply not us.

Unfortunately, the brain isn’t exactly well-guarded. With only a thin layer of bone to protect it and little wiggle room within the skull cavity, the brain is vulnerable to serious injury. Whereas some brain injuries are minor and even go unnoticed, others have lifelong, debilitating effects. 

With that in mind, imagine you sustain a serious brain injury. But instead of being caused by your own actions or an unavoidable accident, it was caused by someone who couldn’t be bothered to act responsibly. Another person acted negligently, and you’re paying the price, which is high. Even if you recover, you may be facing insurmountable medical debt, lost wages, lost enjoyment of life and more. 

Wouldn’t you deserve compensation from the person who caused that accident? We think so. 

As leading brain injury lawyers serving New York, it’s our mission to ensure justice is done for our clients. If you’ve suffered a serious brain injury in an accident caused by someone else, you deserve the resources you need to recover. Luckily, we may be able to help you secure a settlement through a brain injury lawsuit. Keep reading to learn how. 

Are you drowning in medical debt after a serious accident? If you didn’t cause your injuries, you shouldn’t be footing the bill—period. Call Jacoby & Jacoby at (631) 289-4600 to explore your legal options with a compassionate attorney today.

Understanding Brain Injuries

A brain injury is any type of damage sustained by the brain. It can be caused by a variety of factors, including trauma, medical conditions and external factors. 

In the world of personal injury law, brain injuries typically refer to traumatic brain injuries (TBIs), which result from physical trauma. Whereas some TBIs only cause short-term problems with normal brain function, others result in severe and permanent disability or even death. 

Types of Brain Injuries

TBIs can be primary, meaning their results are immediately apparent, or secondary, meaning they take hours, days or weeks to appear. They are typically classified as mild (like in the case of a concussion), moderate or severe.

TBIs are also differentiated by whether they are penetrating or nonpenetrating. As the name suggests, penetrating brain injuries refer to when an object pierces the skull and enters the brain; nonpenetrating injuries are caused by external forces that cause the brain to move within the skull. 

Common Brain Injury Symptoms

Symptoms vary according to severity and can cause physical and cognitive/behavioral effects, as well as changes in sensation and perception. The following are some of the most commonly reported brain injury symptoms: 

  • Headache
  • Convulsion and seizure
  • Blurred vision or double vision
  • Clear fluids draining from the nose or ears
  • Nausea and vomiting
  • Slurred speech and impaired movements
  • Loss of consciousness
  • Confusion and disorientation
  • Memory problems and decision-making difficulties
  • Insomnia or excessive sleeping
  • Frustration, irritability and mood swings
  • Loss of balance, vertigo
  • Ringing in the ears
  • Sensitivity to light or sound
  • Anxiety and depression
  • Excessive fatigue

Some symptoms appear latently rather than presenting right away. For example, headache, dizziness, confusion and fatigue typically develop immediately after the injury occurs. Conversely, emotional symptoms like frustration and irritability are more often reported during recovery.

What Causes Traumatic Brain Injuries?

TBIs represent a major public health concern in the U.S. According to the Centers for Disease Control and Prevention (CDC), there were 69,000 TBI-related deaths in 2021—about 190 each day. Although TBIs can be caused by practically any harsh jolt, bump or blow to the head, the vast majority were caused by one of the following: 

  • Trips, slips and falls, which lead to almost half of all TBI-related hospitalization
  • Firearm injuries, specifically self-inflicted ones
  • Motor vehicle crashes 
  • Assaults

Like with many serious health conditions and injuries, data reveals significant health disparities in TBIs. According to the CDC, the following groups of people are more likely to be affected by TBI than others:

  • Racial and ethnic minorities
  • Military service members and veterans
  • Incarcerated individuals
  • Houseless individuals
  • Victims of domestic violence
  • Low-income individuals
  • People without health insurance
  • People who live in rural areas

Research suggests that even if they survive and go through rehabilitation, people who sustain TBIs are more likely to face a number of long-term negative effects. Most prominently, people who’ve experienced a TBI are up to 50 times more likely to have a seizure, 11 times more likely to have drug poisoning and at an increased risk of developing infections and lung problems. 

How Can a Brain Injury Attorney Help Me?

As you can imagine, treatment for serious brain injuries doesn’t come cheap. Even if you have health insurance, it won’t cover everything, and if you require substantial, long-term treatment and therapies, you could end up spending (or borrowing) a fortune in medical expenses. You may be forced to miss work or lose your job altogether. 

If you’ve sustained a brain injury in an accident caused by someone else, you’ve been through enough—you shouldn’t have to suffer financially, too. Fortunately, you don’t have to if you partner with a skilled brain injury attorney. 

After a thorough investigation of your accident, a brain injury lawyer can help pinpoint the at-fault party. They’ll help you calculate a full list of your losses and draft a demand letter to the responsible party. If they don’t agree to pay a fair settlement amount, your attorney can prepare your trial for court, where they’ll present compelling evidence on your behalf and call upon expert witnesses to bolster your claim. 

Ultimately, a brain injury lawyer can help you determine the best strategy to meet your distinct goals and ensure your best interests are being looked after. 

Jacoby & Jacoby: Trusted Brain Injury Lawyers Serving New York

As experienced personal injury lawyers in New York, we know that embarking on a lawsuit is probably the last thing you want to do after a serious injury. However, it may be your only viable option for securing the compensation you deserve. Here’s the good news: The right legal advocate can carry the burden for you. 

At Jacoby & Jacoby, we do everything in our power to handle the legal details so that you can focus on what matters most—your recovery. However, there are time limits to pursuing compensation, so it’s important to act now. Get started today by contacting us online or giving us a call at (631) 289-4600 to schedule a free, no-obligation case evaluation

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