Traumatic Brain Injury Lawyer | New York Personal Injury

At Roth & Khalife LLP, we understand the profound impact a traumatic brain injury (TBI) can have on your life and the lives of your loved ones. These devastating injuries often result in long-term physical, emotional, and financial challenges, leaving victims and their families overwhelmed. Our experienced traumatic brain injury lawyers are here to help you navigate the legal system and fight for the compensation you deserve. Whether your injury was caused by a car accident, workplace incident, medical negligence, or another form of negligence, we are committed to holding the responsible parties accountable. Contact Roth & Khalife LLP today for a FREE consultation and let us advocate for your rights and recovery.

Common Personal Injury Cases That Cause Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can occur through various types of accidents and incidents, each presenting unique challenges for victims and their families. At Roth & Khalife LLP, our experienced traumatic brain injury lawyers understand the profound impact these devastating injuries can have on a person’s life.

• Motor Vehicle Accidents: Automobile, motorcycle, and truck collisions are among the most frequent causes of traumatic brain injuries. The sudden and violent impact of a crash can cause the brain to violently shake within the skull, resulting in concussions, contusions, and more severe forms of brain trauma. High-speed collisions and accidents involving larger vehicles like trucks pose an especially significant risk of catastrophic brain injuries.
• Slip and Fall Incidents: Falls are particularly dangerous for vulnerable populations such as children and elderly individuals, but they can cause serious brain injuries to anyone. Property owners have a legal responsibility to maintain safe premises, and when they fail to do so, victims can suffer life-altering brain injuries from falls on wet floors, uneven surfaces, or poorly maintained walkways. Construction sites, retail spaces, and residential properties can all be locations where these dangerous falls occur.
• Workplace Accidents: Industrial and construction sites present numerous hazards that can lead to traumatic brain injuries. Workers may experience head trauma from falling objects, equipment accidents, scaffolding collapses, or slip and fall incidents. Particularly in high-risk industries like construction, manufacturing, and transportation, employees are constantly exposed to potential head injury scenarios that can result in significant neurological damage.
• Sports and Recreational Injuries: Contact sports like football, hockey, and boxing carry inherent risks of repeated head impacts that can cause cumulative brain damage. However, even seemingly less dangerous activities like cycling, skateboarding, or recreational sports can lead to serious brain injuries when proper safety equipment is not used or when negligent supervision occurs.
• Assault and Violent Attacks: Intentional acts of violence can result in severe traumatic brain injuries. Physical assaults, domestic violence incidents, and criminal attacks can cause immediate and long-lasting neurological damage. In these cases, victims may have legal recourse not only through personal injury claims but potentially through criminal victim compensation programs.
• Medical Malpractice: In some instances, traumatic brain injuries can result from medical negligence. Surgical errors, improper anesthesia administration, failure to diagnose critical conditions, or mistakes during childbirth can lead to oxygen deprivation or direct brain trauma that causes lasting neurological impairment.

Signs and Symptoms of a TBI

Traumatic brain injuries (TBIs) can manifest through a wide range of physical, cognitive, emotional, and sensory symptoms. Understanding these signs is crucial for early detection, proper medical intervention, and establishing a strong legal case for compensation.

Physical Symptoms

Individuals who have sustained a traumatic brain injury may experience immediate or delayed physical symptoms. These can include persistent headaches that differ from previous pain patterns, sudden onset of dizziness, loss of balance, and extreme fatigue. Victims might also notice nausea, vomiting, sensitivity to light and sound, and disrupted sleep patterns. In more severe cases, physical symptoms can extend to seizures, repeated vomiting, clear fluids draining from the ears or nose, and profound weakness or numbness in extremities.

Cognitive and Neurological Symptoms

The cognitive impact of a traumatic brain injury can be particularly challenging. Victims often report significant memory problems, difficulty concentrating, and reduced processing speed. Confusion is common, with individuals struggling to recall recent events or maintain coherent thought patterns. Some patients experience profound disorientation, inability to follow simple instructions, or sudden mood swings. Speech may become slurred or difficult, and individuals might have trouble finding the right words or understanding complex conversations.

Sensory Disturbances

Traumatic brain injuries frequently disrupt sensory perception. Victims may experience blurred vision, ringing in the ears (tinnitus), altered taste or smell, and heightened sensitivity to sensory stimuli. Some individuals report experiencing strange sensations like tingling or numbness, particularly in their hands or feet. Vision changes can be particularly distressing, ranging from double vision to complete loss of visual acuity in some cases.

Emotional and Behavioral Changes

The emotional symptoms of a TBI can be among the most challenging for both victims and their families. Rapid mood swings, increased irritability, sudden emotional outbursts, and dramatic personality changes are common. Many patients experience depression, anxiety, and profound emotional instability. Some individuals may struggle with impulse control, exhibit inappropriate social behaviors, or experience significant challenges in maintaining personal relationships.

Long-Term Complications

Not all traumatic brain injury symptoms appear immediately. Some complications can develop weeks, months, or even years after the initial injury. Chronic headaches, persistent cognitive difficulties, increased risk of degenerative brain conditions, and long-term emotional challenges can significantly impact a victim’s quality of life. Some individuals may experience post-traumatic stress disorder (PTSD) or develop chronic traumatic encephalopathy (CTE) from repeated brain injuries.

When to Seek Medical and Legal Help

Recognizing these symptoms early is critical. Any suspected traumatic brain injury requires immediate medical attention. Documentation of symptoms, medical treatments, and their impact on daily life is crucial not only for medical recovery but also for potential legal action. At Roth & Khalife LLP, we understand the complex nature of traumatic brain injuries and work diligently to ensure victims receive comprehensive medical and legal support.

If you or a loved one are experiencing any of these symptoms following an accident or injury, contact Roth & Khalife LLP immediately. Our experienced traumatic brain injury lawyers can help you navigate the medical and legal challenges associated with these complex injuries.

Can I Pursue a Lawsuit for a Traumatic Brain Injury?

Pursuing a lawsuit for a traumatic brain injury (TBI) is often possible and can provide critical financial support for medical treatment, rehabilitation, and compensating for life-altering changes. The viability of a legal claim depends on several key factors that our experienced team at Roth & Khalife LLP carefully evaluates.

Establishing Negligence

To successfully pursue a traumatic brain injury lawsuit, you must demonstrate that another party’s negligence directly caused your injury. Negligence can take many forms, including reckless driving, unsafe property conditions, workplace safety violations, medical malpractice, or intentional harmful actions. Our legal team conducts thorough investigations to establish a clear link between the responsible party’s actions and the brain injury you’ve sustained.

Proving Liability

Liability is a critical component of any TBI lawsuit. This requires presenting concrete evidence that shows how the responsible party failed in their duty of care. In motor vehicle accidents, this might involve proving another driver’s recklessness. In workplace incidents, it could mean demonstrating an employer’s failure to maintain safe working conditions. For medical malpractice cases, we work to show how a healthcare professional deviated from standard medical practices.

Types of Compensable Damages

Traumatic brain injury lawsuits can seek compensation for various damages, including:

• Medical Expenses: This covers immediate and long-term medical treatments, including emergency care, hospitalization, surgical procedures, rehabilitation, medications, and anticipated future medical needs. Given the complex and often lifelong nature of TBI treatment, these costs can be substantial.
• Lost Wages and Earning Capacity: Many TBI victims cannot return to their previous employment. Our lawyers calculate not just current lost wages, but potential future earnings that have been permanently impacted by the injury.
• Pain and Suffering: Compensation for the physical and emotional distress caused by a traumatic brain injury, which can be significant and long-lasting.
• Rehabilitation Costs: Specialized therapies, including physical, occupational, and cognitive rehabilitation, can be expensive and are crucial for recovery.
• Loss of Quality of Life: Compensation for the dramatic changes a TBI can impose on your daily life, relationships, and personal capabilities.

Challenges in TBI Lawsuits

Traumatic brain injury cases are particularly complex. Unlike visible physical injuries, brain injuries can be challenging to definitively prove. Our firm works closely with medical experts, neurologists, and rehabilitation specialists to thoroughly document the extent and impact of your injury.

Special Considerations

Some TBI cases involve multiple potential defendants. A car accident might involve the at-fault driver, their insurance company, and potentially a vehicle manufacturer. Workplace injuries might implicate employers, equipment manufacturers, and other third parties. Our comprehensive approach ensures we explore all potential sources of compensation.

How a Traumatic Brain Injury Lawyer Can Help

At Roth & Khalife LLP, we recognize that a traumatic brain injury (TBI) is more than just a medical diagnosis—it’s a life-altering event that can impact every aspect of a victim’s existence. Our dedicated team of personal injury attorneys specializes in helping TBI victims and their families navigate the complex legal and medical challenges they face.

Comprehensive Case Evaluation

When you first contact Roth & Khalife LLP, we provide a thorough and compassionate case evaluation. Our experienced attorneys understand that each traumatic brain injury is unique. We meticulously examine the circumstances of your injury, collecting critical evidence, medical records, and expert testimony to build a robust legal strategy tailored to your specific situation.

Identifying All Potential Sources of Compensation

Traumatic brain injuries often result in significant financial burdens. Our legal team works diligently to identify and pursue all potential sources of compensation.

Navigating Complex Legal Challenges

Traumatic brain injury cases require specialized legal expertise. Our attorneys are skilled in:

• Proving Liability: We meticulously investigate the circumstances of your injury, gathering crucial evidence to establish negligence. Whether your TBI resulted from a motor vehicle accident, workplace incident, medical malpractice, or another form of negligence, we construct a compelling legal argument to hold responsible parties accountable.
• Personalized Legal Support: We recognize that every traumatic brain injury case is deeply personal. Our attorneys provide compassionate, individualized legal representation, offering support and guidance throughout the entire legal process. We take the time to understand your unique circumstances and fight tirelessly to secure the justice and compensation you deserve.
• No Upfront Costs: We operate on a contingency fee basis, which means you pay nothing unless we win your case. This approach allows you to focus on your recovery while we handle the legal complexities.

If you or a loved one has suffered a traumatic brain injury, contact Roth & Khalife LLP today. Our dedicated team is ready to provide the expert legal representation and compassionate support you need during this challenging time.

What To Do After an Accident You May Have Suffered a TBI

At Roth & Khalife LLP, we understand that the moments and days following an accident can be overwhelming, especially when you suspect a traumatic brain injury (TBI). Taking the right steps can significantly impact both your medical recovery and potential legal claim.

1. Immediate Medical Attention: Your health is the paramount concern. Even if you feel relatively fine after an accident, traumatic brain injuries can have subtle or delayed symptoms. Seek immediate medical evaluation, regardless of how minor you might think your injuries are. Certain TBI symptoms may not manifest immediately, making prompt medical documentation crucial.
2. Document Everything: From the moment of the accident, begin collecting and preserving evidence. If possible, take photographs of the accident scene, your injuries, and any property damage. Obtain contact information from witnesses, and if the incident occurred in a public space or workplace, ensure an official accident report is filed.
3. Preserve Medical Records: Maintain a comprehensive file of all medical documentation. This includes emergency room records, diagnostic test results, physician notes, treatment plans, and receipts for medical expenses. These records are critical not only for your medical treatment but also serve as essential evidence in potential legal proceedings.
4. Limit Communication About the Incident: Be cautious when discussing the accident with insurance representatives or other parties. Avoid providing detailed statements or accepting initial settlement offers. Direct all communications to your legal representation at Roth & Khalife LLP.
5. Contact Roth & Khalife LLP: Reach out to our experienced traumatic brain injury attorneys as soon as possible. We offer a free, confidential consultation to evaluate your case. Our team will provide immediate guidance, help you understand your rights, and begin building a comprehensive legal strategy.
6. Follow Medical Recommendations: Adhere strictly to your medical treatment plan. Attend all recommended medical appointments, follow prescribed therapies, and document your recovery process. Consistent medical treatment not only supports your health but also provides critical documentation of your injury’s impact.
7. Monitor and Document Symptoms: Traumatic brain injuries can manifest in numerous ways. Pay close attention to symptoms such as:
   • Persistent headaches
   • Memory problems
   • Concentration difficulties
   • Mood changes
   • Sleep disruptions
   • Sensitivity to light or sound
   • Cognitive challenges
   • Emotional instability
8. Protect Your Legal Rights: Time is of the essence in personal injury claims. New York has specific statutes of limitations for filing traumatic brain injury claims. Consulting with our attorneys quickly ensures that you do not miss critical legal deadlines and that your rights are fully protected.
9. Financial Considerations: A traumatic brain injury can create significant financial strain. Our attorneys can help you explore options for covering medical expenses, including:
   • Health insurance claims
   • Workers’ compensation
   • Personal injury settlements
   • Potential disability benefits
10. Support and Resources: Roth & Khalife LLP doesn’t just provide legal representation—we offer comprehensive support. We can connect you with medical specialists, rehabilitation resources, support groups, and other critical services to support your recovery journey.

At Roth & Khalife LLP, we are committed to helping traumatic brain injury victims navigate the complex medical and legal challenges they face. Our compassionate, experienced attorneys will fight tirelessly to secure the compensation and support you need to move forward.

Take Immediate Action: Your Recovery Starts Here

Don’t face a TBI alone. At Roth & Khalife LLP, we understand the profound impact a TBI can have on your life, and we’re committed to fighting for the compensation and support you deserve. Our experienced traumatic brain injury attorneys provide compassionate, comprehensive legal representation, ensuring you can focus on your recovery while we handle the complex legal challenges. Time is critical in TBI cases—contact us today for a free, confidential consultation. Let Roth & Khalife LLP be your trusted advocate in seeking justice and rebuilding your life after a traumatic brain injury.

Traumatic Brain Injury Lawyer FAQs

1. What is a traumatic brain injury (TBI)?

A traumatic brain injury (TBI) occurs when a sudden impact, jolt, or penetrating injury disrupts normal brain function. TBIs can range from mild concussions to severe injuries that result in long-term cognitive, emotional, or physical impairments.

2. What types of accidents commonly cause TBIs?

TBIs can result from various accidents, including:

• Car, truck, and motorcycle accidents
• Slip-and-fall incidents
• Workplace or construction site accidents
• Sports injuries
• Medical malpractice
• Acts of violence or assault

3. How can a traumatic brain injury lawyer help me?

A TBI lawyer can assist by investigating your case, gathering evidence, working with medical experts, and negotiating with insurance companies to secure compensation for medical expenses, lost wages, pain and suffering, and more.

4. What types of compensation can I recover for a TBI?

You may be entitled to compensation for:

• Medical expenses (past, current, and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Rehabilitation and therapy costs
• Home care or assistive devices
• Emotional distress and loss of enjoyment of life

5. How do I prove someone else is responsible for my TBI?

Proving liability typically involves demonstrating that another party’s negligence caused your injury. This may require accident reports, witness testimony, expert evaluations, and medical records to build a strong case.

6. How long do I have to file a TBI lawsuit?

The timeframe to file a personal injury lawsuit (known as the statute of limitations) varies by state. It’s essential to act quickly to preserve evidence and protect your right to seek compensation. Contact us to ensure you meet all deadlines.

7. Can I afford a traumatic brain injury lawyer?

At Roth & Khalife LLP, we work on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we successfully recover compensation for you.

8. What if I was partially at fault for the accident?

Even if you share some fault, you may still be eligible for compensation. The amount you recover could be reduced based on your level of fault. Our team can evaluate your case and explain how fault laws apply in your situation.

9. How long does it take to resolve a TBI case?

The duration of a TBI case depends on factors like the complexity of the accident, the severity of the injury, and whether a settlement is reached or the case goes to trial. Our goal is to resolve your case as efficiently as possible while maximizing your compensation.

10. How do I get started with my TBI claim?

Getting started is easy—contact Roth & Khalife LLP today for a free, no-obligation consultation. We’ll review the details of your case, answer your questions, and guide you through the next steps toward seeking justice and compensation.