You know if you have a valid brain injury case in Long Island if both of these details are true: someone else acted negligently, which resulted in your injuries, and as a result, you suffered damages. These can include medical harm, financial distress, and other losses.
That said, you don’t have to sort out the validity of a brain injury case all by yourself. The sooner you call a Long Island personal injury lawyer, the more time your attorney will have to help you understand if another person’s negligence caused your injury.
What Makes a Brain Injury Case Valid in New York?
The truth is that brain injury cases can be complicated, and determining whether you have a valid claim requires looking closely at the circumstances surrounding your accident. In New York, you must prove that another person or party engaged in negligence.
This means showing that someone had a responsibility to act safely, failed to do so, and caused your injury as a result. For example, these are all examples of people and parties who could potentially be responsible for a brain injury caused by their negligence:
- A distracted driver who causes a crash
- A property owner who fails to address a dangerous condition
- A construction company that ignores safety requirements
A lawyer’s role is to investigate the facts, identify who may be legally responsible, and build a case showing how the injury has affected your health, finances, and quality of life.
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Brain Injuries are Not Always Immediately Obvious
One of the biggest challenges with brain injury cases is that many symptoms are not immediately visible. However, this information is important when pursuing verdicts and settlements, so your attorney will need to determine how you’ve suffered as a result.
A person may walk away from an accident and appear fine at first, only to experience symptoms days or weeks later. These are consequences that can all affect a person‘s ability to work their job and enjoy their life like they once did:
- Memory problems
- Difficulty concentrating
- Headaches
- Mood changes
- Dizziness
- Fatigue
- Problems completing everyday tasks
Insurance companies sometimes use the invisible nature of brain injuries to argue that a victim is not seriously hurt. They may claim the symptoms are unrelated to the accident or that the injury is not severe enough to justify significant compensation.
This is why having an attorney can make such a difference. A lawyer can work with medical professionals, collect treatment records, and develop evidence showing the connection between the accident and your ongoing symptoms.
Common Accidents That Can Lead to Brain Injury Claims
Brain injuries can happen in many different types of accidents. The cause of the injury often affects who may be responsible and what legal strategies should be used. Let’s take a look at common causes of brain injuries:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Construction accidents
- Falls caused by unsafe property conditions
- Workplace accidents involving third parties
- Defective products or equipment
A lawyer reviews the details of your accident to determine whether another person or company contributed to what happened. For example, in a vehicle accident, your attorney may investigate whether another driver was distracted, speeding, impaired, or otherwise careless.
In a construction accident, your attorney might examine whether contractors, property owners, or equipment manufacturers failed to follow safety standards. The more brain injury awareness your attorney has, the better they can understand your case.
How Lawyers Prove Someone Else Caused a Brain Injury
A traumatic brain injury depends on evidence. While your medical records are an important part of your case, proving negligence often requires much more than showing that you were injured. These are examples of evidence your attorney can collect for you:
- Accident reports
- Medical records
- Emergency room documentation
- Diagnostic imaging results
- Neurological evaluations
- Witness statements
- Photos or videos from the accident scene
- Surveillance footage
- Employment records
- Professional testimony
Medical evidence is especially important because brain injuries can affect people differently. A lawyer may work with neurologists, rehabilitation specialists, psychologists, and other professionals to explain the extent of your injury and what treatment you may need in the future.
Understanding Negligence Under New York Law
Many brain injury lawsuits are based on negligence. Under New York law, negligence occurs when someone fails to act with reasonable care and causes harm to another person. Every situation is different, but the basic questions are often the same:
- Did someone have a duty to protect you?
- Did they fail to meet that responsibility?
- Did that failure cause your brain injury?
- Did you suffer financial or personal losses because of the injury?
A skilled attorney helps answer these questions by examining the facts and applying the law to your specific situation.
Call Chaikin Trial Group Personal Injury Lawyers to Know If You Have a Valid Brain Injury Case in Long Island
Chaikin Trial Group Personal Injury Lawyers can help you understand if you have a valid brain injury case in Long Island. The sooner you contact us, the sooner we can start looking into the details of your situation and understanding what caused your injuries in the first place.
As a law firm of attorneys who have 50 years of combined experience, we’ve recovered $100 million in compensation for our clients. Not only do we treat every client as our own family, but we also operate from a sense of urgency that isn’t common elsewhere.
Every client is given direct access to their attorney’s cell phone number, and everyone on our team is proficient in English and Spanish. If you can’t make it to our office, our firm will come to you. We want to help you in any way we can. Come in as a client, leave as a friend. Contact us today!