Mount Vernon Traumatic Brain Injury Attorney

At Fiedler Deutsch, LLP, we understand the devastating impact traumatic brain injuries (TBIs) can have on individuals and their families. Our dedicated team of TBI attorneys is committed to helping victims pursue the justice and compensation they deserve. Call (914) 993-0391 or message us online to arrange a free consultation. 

Why Choose Our Mount Vernon TBI Lawyer?

• Our team of attorneys has over 50 years of combined experience and a deep understanding of the medical, legal, and emotional complexities involved in these cases.
• Our firm has a proven track record of successfully representing brain injury victims and securing substantial settlements or verdicts on their behalf.
• We take cases on a contingency fee basis, which means there are no upfront fees, and we only get paid if you do. 

Why You Need a Traumatic Brain Injury Lawyer

It is essential to seek the assistance of a TBI lawyer for several crucial reasons:

Establishing Liability

Determining and proving liability in TBI cases can be challenging. A skilled lawyer will conduct a thorough investigation, gather evidence, and consult with experts to establish who was at fault. This is crucial for building a strong case to hold the responsible parties accountable.

Accurate Evaluation of Damages

An experienced lawyer can accurately assess the full extent of your damages and ensure that you seek fair compensation to cover all present and future expenses.

Maximizing Compensation

Insurance companies are known for attempting to minimize payouts and protect their interests. Having a TBI lawyer on your side means you have a legal advocate who can handle all communication with insurers, ensuring your rights are protected and you do not settle for less than you deserve.

Trial Experience

A skilled TBI lawyer will not hesitate to take your case to trial if necessary to fight for your rights before a judge and jury.

Peace of Mind

Knowing that a qualified professional is handling your legal matters allows you to focus on your recovery and well-being without the added stress of navigating the complexities of a legal case on your own.

Common Causes of Traumatic Brain Injuries

TBIs can occur due to various accidents and incidents, leading to personal injury claims in Mount Vernon. Some of the most common causes include the following:

Motor Vehicle Accidents

Vehicle collisions involving Mount Vernon car accidents, motorcycles, trucks, pedestrians, and other road accidents are major causes of TBIs due to the force of impact or the head colliding with the vehicle or other objects.

Slip and Fall Accidents

Falls are common, especially among older adults and young children. Slippery floors, uneven surfaces, or inadequate safety measures can lead to severe head injuries.

Sports Injuries

Contact sports, like football, soccer, and hockey, often cause concussions and other forms of TBIs when players experience violent impacts.

Workplace Accidents

In some professions, workers are at a higher risk of a head injury, especially in construction, industrial, and manufacturing settings where there is an increased chance of falling objects or accidents involving heavy machinery.

Medical Malpractice

Surgical errors, anesthesia mistakes, or delays in diagnosis and treatment can lead to oxygen deprivation or other traumatic incidents causing brain injuries.

Assaults and Violence

Intentional acts of violence, such as assaults and physical altercations, can lead to head injuries, particularly if the victim is struck or hit in the head.

Types of Damages Available in a Brain Injury Case

There are several types of damages that a victim may be entitled to recover, for example:

Economic Damages

Compensation for actual financial losses, such as: 

• Medical Expenses: All past, current, and future medical costs related to the TBI, including hospitalization, surgeries, medication, rehabilitation, therapy, assistive devices, in-home care, etc.
• Lost Wages: If the brain injury causes you to miss work or results in a decreased earning capacity, you may be eligible to claim lost wages and potential future lost income.
• Property Damage: If any personal property (e.g., vehicle, equipment) was damaged in the incident, the cost of repair or replacement can be recovered.

Non-Economic Damages

Compensation for losses that cannot be easily quantified, such as: 

• Pain and Suffering: This category encompasses the physical pain, emotional distress, and mental anguish you have experienced and may continue to endure due to the brain injury.
• Loss of Enjoyment of Life: If the brain injury results in a diminished ability to enjoy life’s activities or hobbies.
• Loss of Consortium: This applies to damages experienced by the victim’s spouse or family members due to the brain injury, such as loss of companionship, affection, and emotional support.
• Emotional Distress: Severe brain injuries can cause psychological trauma, resulting in depression, anxiety, insomnia, PTSD, etc.

In cases where the at-fault party’s actions were particularly reckless, willful, or malicious, the court may award punitive damages. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

Who is Liable for a TBI?

Liability for a TBI depends on the circumstances, but here are some common scenarios in which different parties may be liable for a TBI:

Negligent Individuals

If the TBI occurs due to the negligent actions of an individual, such as a car accident caused by a reckless driver, that individual may be held liable for your harm.

Property Owners

If the TBI results from a slip and fall or other accident on another party’s property, the property owner may be liable if it can be proven that they were negligent in maintaining safe conditions on their premises.

Employers

If the TBI occurs in the workplace, workers’ compensation may provide benefits.

Manufacturers

When a TBI is caused by a defective product, the manufacturer or distributor may be held responsible under product liability laws.

Medical Providers

In cases of medical malpractice, if a brain injury occurs due to the negligence of a healthcare provider, such as surgical errors or misdiagnosis, the medical professional or facility may be liable.

Sports Organizations

In sports-related TBIs, liability may rest with sports organizations or coaches if they failed to take appropriate safety measures or protocols.

Government Entities

If the TBI is caused by a government agency’s negligence, such as dangerous road conditions or lack of safety measures, the responsible government entity may be liable under certain circumstances.

Contact Our Mount Vernon Traumatic Brain Injury Lawyers Today

If you or a loved one has suffered a traumatic brain injury, we are ready to provide the legal support and guidance you need. Call us today at (914) 993-0391 or reach us online to schedule a free consultation.