Valuing a Brain Injury Caused by a Car Accident

Suffering a traumatic brain injury is a life altering event. It can affect every aspect of a victim's life. In the wake of these types of injuries, families are emotionally and financially devastated. Their new reality is filled with doctor's' visits, therapy, medical bills and insurance companies.

There are numerous things to consider in valuing a case. Hiring the correct law firm is the critical step to ensure a positive outcome of your case. Our legal team has handled hundreds of injury cases, and has built a solid reputation based on quality representation and success. Our firm has a history of obtaining seven figure settlements and verdicts, some as high as sixty-nine million dollars ($69,000,000). Our firm has received verdicts and settlements that are over a half a billion dollars ($500,000,000) to date.

If you have been in a car accident and suffered a brain injury, you may be wondering if it is worth your while to file a lawsuit. There are numerous details that need to be discussed with qualified legal counsel. How serious is your injury? Who was at fault? Are there substantial medical expenses? Are you able to work?

There are many different types of brain injuries that can occur. One of these is a traumatic brain injury. These types of injuries can involve memory loss, nerve damage, changes in emotional and physical behavior as well as neurological and permanent damage.

Depending on the area of the brain that is damaged, there can be a loss of motor skills, coordination, balance, thought processing and involuntary function. These types of disorders can result in millions of dollars in medical bills. Most people aren't aware that under the current no fault laws, only the first fifty thousand dollars is required to be paid. This is just one reason why it is imperative to have an experienced lawyer working on your behalf.

When an accident occurs, it is important to take prompt action. Your lawyer can work with you and help gather the critical medical documentation that will be important to your case down the road. To not attend to this detail can prove disastrous.

For example, in the New York case Sul-Lowe v. Hunter, the plaintiff was rear ended in her vehicle while she was stopped at an intersection. While her head violently hit the back of her seat, she felt relatively fine after the accident and did not seek prompt medical evaluation or the assistance of a lawyer. As time progressed, it became apparent that she did indeed have a traumatic brain injury. She sued the defendant for her injuries and lost. The court found that while she had testimony of witnesses and affidavits from doctors, no actual diagnostic tests had been conducted at the time of the accident. Therefore, it could not be conclusively proven that she suffered a traumatic brain injury.

With these types of injuries, the pain is long lasting and can affect relationships with spouses and children, friends and coworkers. In some instances, the spouse may even have grounds to recover an award depending on how the victim is impaired.

In a brain injury case, it is not unusual to see cases in excess of one million dollars ($1,000,000). Questions that will need to be discussed with your lawyer include who was at fault, and what type of insurance policy limits are involved. One of the unfortunate things we often see is where there is an injury worth millions of dollars, but there is not adequate insurance coverage for the injury.

While results vary, some recent personal injury cases resulted in the following awards:

Schenectady County, NY-$6,800,000 Verdict
Plaintiff received a traumatic brain injury and skull fracture due to falling 20 feet from a ladder.

Queens County, NY-$5,000,000 Verdict
Plaintiff was misdiagnosed in the ER.

Kings City, NY-$165,000 Verdict
Child hit on the sidewalk by a motorcycle.

If you or a loved one has suffered a traumatic brain injury, speak with a qualified lawyer from Stephen Bilkis and Associates for guidance. They will ensure that your rights are protected at every stage of the process. Call them for a free consultation at 800.696.9529. They have offices throughout New York including locations in Manhattan, Queens, the Bronx, Brooklyn, Queens, Staten Island, Suffolk County, Nassau County and Westchester County.