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New York Brain Injury Attorneys Serving Injury Victims in Troy
In Troy, traumatic brain injuries (TBIs) can occur in a wide variety of accidents that often result from another party’s negligence. When it comes to TBIs, it is important to speak with a Troy traumatic brain injury lawyer about seeking financial compensation for your losses. Whether you sustained an injury in a car accident in upstate New York or you got hurt on the job, one of our dedicated Troy traumatic brain injury lawyers can assist you with your case.
What is a Troy Traumatic Brain Injury?
According to the U.S. Centers for Disease Control and Prevention (CDC), a traumatic brain injury is “caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain.” The CDC clarifies that “not all blows or jolts to the head result in a TBI,” and that “the severity of a TBI may range from ‘mild’ . . . to ‘severe.’”
A mild traumatic brain injury often results in only “a brief change in mental status or consciousness,” according to the CDC, while a severe TBI can result in “an extended period of unconsciousness or memory loss.” A majority of TBIs are mild TBIs, which include concussions.
Common Types of Brain Injury Cases in Troy
There are many different types of claims that can involve a traumatic brain injury, including but not limited to the following:
- Auto accident claim;
- Premises liability, including slips and falls;
- Workplace accidents;
- Construction Accidents;
- Nursing home neglect; and
- Product liability lawsuits.
Given that brain injuries can occur in a wide variety of ways, it is important to speak with your Troy brain injury attorney about your options for filing a claim and seeing compensation for your brain injury.
Getting the Facts About Troy TBIs
As we noted above, brain injuries can vary widely in terms of their severity. Beyond understanding the distinctions in different types of brain injuries, it can be helpful to learn more about TBI facts and figures. The following information comes from the CDC and the American Association of Neurological Surgeons (AANS):
- TBI-related hospitalizations, emergency department visits, and deaths increased in the U.S. by 53 percent between 2006 and 2014;
- Every day, on average, 155 people die from a traumatic brain injury;
- TBIs, including concussions, can have long-term effects on a person’s ability to think, to function emotionally, and to have a functioning memory;
- In 2014, approximately 837,000 children sustained TBIs that required visits to an emergency department;
- TBIs contributed to the deaths of 56,800 people in 2014, and 2,529 of those people were children;
- Falls are the leading cause of TBIs, and falls account for about 48 percent of all emergency department visits each year for TBIs;
- More than 80 percent of TBI cases in older adults that lead to emergency department visits result from falls;
- About 13.5 million people live with a TBI-related disability at any given point in time;
- TBIs have direct and indirect costs of approximately $76.5 billion on an annual basis;
- Sports and recreational activities are responsible for more than 20 percent of TBIs reported in the U.S.;
- Motor vehicle crashes are responsible for about 20 percent of all reported TBIs each year; and
- TBI-related deaths are highest for people aged 75 and older.
Comparative Fault in a Troy Traumatic Brain Injury Case
What will happen if the at-fault party says that you are also partially to blame for your brain injury? For example, how will your settlement or recovery be impacted if another automobile driver says that you bear some of the responsibility for the crash that caused your brain injury, or for the severity of the TBI because you waited too long to see a doctor?
New York’s comparative fault law allows a plaintiff to recover damages as long as the plaintiff is not 100 percent at fault. To be clear, whether a plaintiff is 1 percent at fault or 99 percent at fault, the plaintiff can still recover, but the plaintiff’s recovery will be reduced by his or her percentage of fault. This does not apply to most construction accidents, where comparative fault cannot be used to reduce any award.
Contact a Troy Traumatic Brain Injury Lawyer
When you have sustained a traumatic brain injury, it is extremely important to seek advice from an experienced Troy brain injury attorney who can help you to seek the financial compensation you need. Depending upon whether you sustained a TBI in a motor vehicle collision or in another type of accident, you might begin the process of seeking compensation by filing an auto insurance claim, or you might file a personal injury lawsuit. Our experienced New York brain injury attorneys can assist you. Contact Powers & Santola, LLP to learn more about how we serve clients in and around Troy, NY.
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