Yonkers Brain Injury Attorney
If you or a loved one has suffered a brain injury, our Yonkers Brain Injury Lawyer will help you build a strong case to seek justice. Call (914) 993-0393 or message us online to arrange a free consultation today.
Why Choose Fiedler Deutsch, LLP?
- We have secured substantial settlements and verdicts, demonstrating our commitment to achieving justice for those affected by brain injuries.
- We take the time to listen to your story, understand your needs, and tailor our approach to best serve you.
- We extend our support and guidance to your loved ones, ensuring that everyone involved feels heard, understood, and supported throughout the legal process.
Why You Need a Brain Injury Lawyer
With their experience and skill, a brain injury lawyer maximizes your chances of securing fair compensation, allowing you to focus on your recovery and well-being while they handle the legal complexities on your behalf. They possess a deep understanding of both the medical and legal aspects of your case and will work closely with medical experts to build a solid claim. They will advocate for your rights and ensure that all aspects of your injury are properly addressed.
Types of Brain Injury Cases We Handle
We commonly represent brain injury victims in the following types of cases, but this is not an exhaustive list:
Auto Accident Brain Injuries
The force and impact involved in collisions commonly lead to brain injuries. In many cases, the at-fault driver is liable, but liability can also extend to other parties, such as the vehicle manufacturer or the government agency responsible for maintaining the roads.
Medical Malpractice-Related Brain Injuries
When a brain injury is caused due to medical negligence or malpractice, the healthcare provider responsible can be held accountable.
Sports-Related Head Injuries
Sports-related brain injuries can lead to complex liability scenarios, where multiple parties may be held responsible, such as the coach, trainer, organization, institution, or equipment manufacturer.
Workplace Accident Brain Injuries
Brain injuries can occur in various workplace settings, from construction sites to office environments. We can ensure you receive the workers’ compensation benefits you deserve and determine if any third parties can also be held liable.
Birth-Related Brain Injuries
Cases involving birth-related brain injuries require a high level of experience and sensitivity. Our team is skilled in handling these complex cases, ensuring families receive the support and compensation they need.
Product Liability-Related Brain Injuries
Our team is adept at holding manufacturers and distributors accountable for brain injuries caused by faulty products.
Pedestrian Accident Brain Injuries
Pedestrians involved in accidents with motor vehicles are at high risk of sustaining head injuries. In those cases, you may be able to recover substantial compensation from the at-fault driver.
Wrongful Death Due to Brain Injury
In cases where a brain injury leads to a tragic loss of life, our lawyers provide compassionate representation to the surviving family members, seeking justice and compensation on their behalf.
Types of Compensation Available for a Brain Injury
Even a mild TBI can lead to extensive personal and financial losses for a victim and their family. When another party is responsible, the following types of compensation may be available to pursue:
- Medical Bills & Expenses: Including past, present, and future medical bills for emergency care, surgeries, hospitalizations, physical and occupational therapy, medications, medical equipment, in-home care, and any other necessary treatment.
- Lost Income: Past, current, and future lost wages, as well as diminished earning capacity for the difference in income you can make now compared to before the accident. For example, a moderate or severe TBI may force you to find a different position that has lower pay, or you may never be able to work again.
- Property Damage: If the brain injury accident caused property damage, you are entitled to payment for its repair or replacement. (e.g., vehicle, clothing, phone, etc.)
- Pain and Suffering: Compensation for the physical pain endured and any emotional distress you have suffered. Emotional distress can refer to depression, anxiety, insomnia, PTSD, and any other type of mental anguish.
- Loss of Consortium: The spouse or family of the victim can recover compensation for the loss of love, affection, companionship, and services.
The court may also award punitive damages if the at-fault party exhibited extreme recklessness or egregious behavior. This form of compensation is meant as a punishment and to deter others from similar behavior.
How To Prove Another Party is Liable for My Brain Injury
Proving another party’s liability for a brain injury typically requires establishing the four elements of negligence. Those are as follows:
The Duty of Care
The first element involves demonstrating that the party you’re holding responsible owed you a duty of care. In the context of a brain injury case, this means showing that the defendant (at-fault party) had a legal obligation to act reasonably and avoid causing harm to others. For example, a driver has a duty to operate their vehicle safely and follow traffic laws.
The Breach of Duty
The second element involves showing that the defendant breached their duty of care. This means proving that they failed to act in a manner that a reasonable person in their position would have under similar circumstances. For example, if the defendant was driving recklessly or violating traffic rules, they may be considered to have breached their duty.
Causation has two components: “cause in fact” and “proximate cause.” “Cause in fact” means establishing that the defendant’s actions directly led to the brain injury. In other words, if not for the defendant’s breach of duty, the injury would not have occurred. “Proximate cause” involves demonstrating that the injury was a foreseeable consequence of the defendant’s actions.
The final element requires proving that you suffered actual damages as a result of the brain injury. This can include medical expenses, lost wages, pain and suffering, and other losses incurred due to the injury.
To successfully prove another party’s liability for a brain injury, it is critical to gather relevant evidence, such as medical records, accident reports, surveillance footage, witness statements, and expert opinions on the extent of your harm and its impact on your life.
Contact A Yonkers Brain Injury Attorney Today
If you or a loved one has suffered a brain injury, don’t hesitate to reach out to our Yonkers brain injury lawyer. We offer a free consultation to discuss your case and provide you with the legal guidance and support you need during this challenging time. Call (914) 993-0393 or message us online today.