According to top experts, on average 150 Americans die each day from TBI-related injuries. That’s nearly 60,000 deaths. Even more frightening is the fact that everyone is at risk, as evidenced by the 2.87 million emergency room visits for TBI-related injuries in 2014. This is why it is critical you know your rights when it comes to TBI, as they exist to protect you and your family from losing the money and benefits you’re entitled to.
The Center for Disease Control and Prevention defines a Traumatic Brain Injury (TBI) as “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” Common causes of TBI include but are not limited to falls, motor vehicle crashes, and impact objects such as baseballs and worksite tools.
Please, don’t gamble with your financial future. Speak with an experienced personal injury attorney today. It won’t cost you a thing and may save you and your loved ones tomorrow.
INCIDENTS THAT CAN CAUSE TRAUMATIC BRAIN INJURIES
You’re near a construction site, or maybe you’re on the job when a falling object comes crashing down, injuring your head. If this happens to you, please know: You are protected by the law!
NY has a specific law that protects construction works under Labor Law § 240(1) which protects a falling worker or if an object falls and injures the worker.
Labor Law § 240(1) reads: “A person employing or directing another to perform labor of any kind… on a building or structure shall furnish… devices which shall be so constructed, placed, and operated as to give proper protection to a person so employed or directed.”
A violation of this law means the insurance companies for the owner and general contractor for the building will be responsible for any harm, damages, and losses.
According to the CDC, car accidents are responsible for approximately 25% of all TBI-related hospitalizations in the U.S. They occur at both high and low speeds, on highways and in parking lots, and can be a byproduct of defective parts (such as brakes), unsafe driving conditions, human error, and more.
Falls account for 50% of TBI related Hospitalizations. Whether 100 feet above, 100 feet below, or at ground level, Traumatic Brain Injuries can and do occur from all heights.
Bumps, & Knocks
An individual may also suffer Traumatic Brain Injuries when unsafe conditions cause or contribute to their tripping, slipping, bumping, or knocking into impact objects.
Symptoms of a Traumatic Brain Injury
While there is no set list of the physical and emotional pains an injured person may suffer, TBI-related symptoms can include:
- Abrupt unconsciousness
- Muscle weaknesses
- Change in speech
- Diminished consciousness
- Loss of vision
As well, with even the mildest of Traumatic Brain Injuries, suffering may occur mentally as well as physically. Conditions include
but are not limited to:
- Difficulty concentrating
- Acute stress disorder
- Alteration in mental states
(e.g. mood swings, disorientation,
- Post-traumatic stress disorder
Traumatic Brain Injuries are a serious matter that require serious attention. If injured, it is of the highest importance to receive proper medical care and to focus on recovery. An experienced personal injury attorney can ensure that this is made possible.
WHAT TO DO IN THE EVENT OF A TRAUMATIC BRAIN INJURY
If you or a loved one has suffered a Traumatic Brain Injury, it is imperative that you secure legal representation right away. Do not give statements to anyone — including insurance agents — without first speaking to your lawyer. Why? Because anything you say will be misconstrued and used against you.
No matter how convincing they may sound, these men and women are not your ally. Insurance companies exist to make profits for their shareholders. What is best for them is to pay for as little as possible. You can prevent this from happening by politely but firmly telling them you have retained a personal injury attorney and that you cannot speak to them.
FINDING THE ATTORNEY THAT’S RIGHT FOR YOU
No matter your situation, you will want someone with a proven track record in brain injury cases and someone who knows New York personal injury law inside and out. But more than that, you will want someone who will fight for you.
For more than thirty-five years, Schwartzapfel Lawyers has successfully helped thousands of people get the money and benefits they are entitled to. We are proud of our hundreds of 5-star Google Reviews and 99% client satisfaction record, and will always put you, the client, first.