Brain damage can result from either direct trauma to the head or over time due to defective drugs, carbon monoxide, or other environmental factors (e.g., lead poisoning). You might qualify to file a personal injury claim or lawsuit if you sustained an injury that resulted in brain damage after being a victim of:
- An automobile accident
- A slip and fall
- Improper property management
- Medical malpractice
- Defective drugs or products
- Intentional violence
A New York brain damage lawyer at Morelli Law Firm can represent your case and help you fight for compensation from a liable party. We offer to review your case during a free consultation, so you understand your options before starting your legal journey.
Can a Person with Brain Damage File for Compensation?
Yes. If you or your loved one still has the cognitive abilities to make decisions, you can file a personal injury claim or lawsuit about the brain damage you suffered.
However, if a person suffers a brain injury that makes them unable to make legal decisions for themselves, they can assign another individual to have “legal power of attorney.” This individual, who can be a family member or spouse, can make decisions on the victim’s behalf and meet with the personal injury lawyer to build the victim’s case.
Our Attorneys Will Respect Your Rights and Explain Your Options Thoroughly
A major concern we see with brain damage victims is whether they will be able to understand their legal options fully. We know that you may be dealing with a mental challenge that might make it difficult to process the claims or litigation process. However, our lawyers will be patient with you and make sure to explain your options thoroughly so that you feel confident making decisions.
Our attorneys also abide by the American Bar Association’s (ABA)Model Rules of Professional Conduct, which states that lawyers must follow ethical rules when handling their clients’ cases. Among our promises to you include:
- Our attorneys will represent you based on the legal decisions you make throughout your case.
- We will provide legal counsel based on our experience with personal injury law, but you can disagree and have your decision respected.
- We will not settle any case until you understand the full ramifications of doing so.
At Morelli Law Firm, we aim to treat each client we represent with respect and have them feel comfortable in our legal care.
We Handle Cases Involving Different Types of Brain Injuries
Our New York brain damage lawyers represent clients with various types of head injuries that result in brain damage, such as:
- Traumatic brain injuries (TBIs)
- Birth injuries
- Brain damage caused by defective drug use
- Brain hemorrhages
- Brain damage caused by carbon monoxide poisoning
- Skull fractures
Suppose another party caused you to suffer another type of head injury that resulted in brain damage (e.g., stroke). In that case, our legal team could look into your claim to determine whether you qualify to pursue compensation.
How Much Money Can You Get for a Brain Injury?
Each plaintiff’s brain injury case will vary on factors such as their lifestyle, injuries, and setbacks. Compensable damages you could consider for your case include:
- Medical treatment costs
- Property damage costs
- Current and future income loss
- Permanent disability caused by the brain damage
- Other physical disfigurements (e.g., skull deformities caused during birth)
- Diminished quality of life if the brain damage prevents you from living independently or engaging in former hobbies and activities
- Emotional distress
- Pain and suffering and inconvenience
- Reduced earning potential
You may qualify to pursue other damages not listed in this article. Our legal team can calculate an estimated value for your case to use as a goal when pursuing compensation for your damages.
New York Brain Damage Lawyer Near Me 877-751-9800
How Can a Personal Injury Lawyer Build a Case for Someone with Brain Damage?
A personal injury lawyer can help you build a brain damage case by:
- Investigating the accident or circumstantial factors that led to the brain injury
- Collecting evidence to prove how the brain injury occurred, which party or parties contributed to it, and how the brain damage disrupted your life
- Handling communications on your behalf to protect your case, especially if you have difficulty understanding your options or certain legal terminology
- Preparing legal paperwork and performing other administrative tasks on your behalf
- Advocating for your legal interests and rights during negotiation meetings or a trial
- Providing transparent legal counsel whenever you have questions or concerns about your case
You can learn more about our legal services during your free initial consultation with our law firm.
Is There a Time Limit on When You Can File a Brain Damage Lawsuit?
Yes. Whether you file a personal injury or wrongful death lawsuit, New York has a statute of limitations that may apply to your case. General statutory deadlines include:
- CPLR § 214 limits plaintiffs to file personal injury lawsuits within three years of their accident.
- CPLR § 214-A limits plaintiffs to file medical malpractice lawsuits within two years and six months of the malpractice.
- EPTL § 5-4.1 limits plaintiffs to file wrongful death lawsuits within two years of the victim’s death.
If you are unsure which statutory deadline applies to your situation, your lawyer can review your case and identify its filing deadline. Our legal team can also inform you of any factors that might affect this deadline, such as whether the injured party was a minor when they sustained brain damage or if you list a municipality as a liable party.
You Can Trust Our Lawyers at Morelli Law Firm to Treat Your Case with Care
If you or a loved one suffered brain damage or another type of brain injury in a preventable accident, you might have grounds to file for compensation from the liable party. Our legal team at Morelli Law Firm can have one of our New York brain damage lawyers manage your case and pursue financial recovery on your behalf.
Call (212) 751-9800 today to get a free case review. Our attorneys work for a contingency fee, so you won’t have to pay any attorney’s fees unless we win your case.