Suffering a traumatic brain injury because of the negligent or intentionally wrongful act of another person can be devastating. These injuries can be severe and difficult to treat, resulting in expensive medical care. Because of this, victims should understand how to prove a brain injury case when engaging in litigation against a responsible party in New York.
Proving the existence of a traumatic brain injury (TBI) and proving fault in an ensuing lawsuit are not the same. You can show the severity of an injury through medical records. Proving fault requires additional proof that the at-fault party caused your injuries.
The New York traumatic brain injury attorneys at The Carrion Law Firm are dedicated to supporting victims’ rights. For a free case review, call the New York City personal injury attorneys at The Carrion Law Firm at (718) 841-0083 or visit our website today.
How to Prove a Traumatic Brain Injury (TBI) in New York
Showing the effects of a traumatic brain injury isn’t difficult. Medical records can attest to a victim’s diminished quality of life and medical complications. However, proving that a TBI is the fault of a defendant can be challenging. To prove a TBI in New York, you’ll require a few key things.
Medical Records
In the immediate aftermath of a TBI, it is important to seek medical care. Generally, the need for care is obvious. A traumatic brain injury can, in a moment, dramatically alter your abilities. Seeking medical attention after sustaining an injury of any kind in New York can create documentation of when and how your injuries occurred. Doctors can recommend the correct care for your injuries and advise you and your family on how to best meet your needs.
Documented proof, corroborated by a medical professional, is essential in a traumatic brain injury lawsuit in New York. Your doctor will run the appropriate tests and scans to assess the severity of your injury. Medical records ranging from the day of your injury to a lawsuit can show how your injury has or hasn’t progressed over time. Traumatic brain injuries can result in permanent damage to victims. For your lawyer to prove fault in a TBI case, you must have documented proof of medical damages.
Testimony
Gathering testimony from eyewitnesses and medical experts can help your Corona, Queens personal injury lawyer prove a traumatic brain injury case. A dedicated lawyer, like the New York traumatic brain injury attorneys at The Carrion Law Firm, will complete a thorough investigation into the cause of your injury. During this time, they may uncover eyewitnesses to the event that can attest to the defendant’s negligent or intentionally wrongful act. Eyewitness testimony can be very helpful to your legal team when proving fault in a TBI case.
Getting the insight of medical experts, in addition to the doctors who have treated your injuries, can also be beneficial. Traumatic brain injury experts can attest to your potentially reduced quality of life and the severity of your injury. They can also suggest possible explanations for the injuries you have sustained, which can be helpful to your attorney.
Evidence
Evidence is crucial when proving fault in a TBI lawsuit in New York. This can come in many forms, including security camera footage, documents, and more. Finding evidence to support your claim against a responsible party can help your attorney recover the damages you deserve.
Simply having evidence doesn’t mean you will succeed in a lawsuit. That depends on how the evidence is used. For example, the Queens personal injury attorneys at The Carrion Law Firm will aim to correctly present evidence to prove the fault of a negligent party. Despite having proof of the severity of your injury, a lawyer still must show that the defendant’s actions directly caused your TBI.
How to Sue for a Traumatic Brain Injury (TBI) in New York
In order to sue a responsible party for a traumatic brain injury in New York, there are a few important things to keep in mind. Having the support of your family and friends can help you endure a potentially lengthy legal process. Filing within New York’s statute of limitations and hiring a skilled attorney are both necessary so that you can receive the compensation you deserve.
Traumatic brain injuries can be permanent and life-changing. These types of injuries can significantly impact your ability to complete daily. They can alter your lifestyle in even the simplest ways. Not all traumatic brain injuries are treatable, and some even result in death. Having a strong support system around you to encourage you through litigation may not seem like a piece of legal advice. However, it can help you maintain the strength to fight for justice.
To sue a responsible party for a traumatic brain injury, filing within New York’s statute of limitations is crucial. If you don’t, you can lose your right to sue. In New York, the filing deadline for these cases is three years from the date of injury. Some victims may not know they must file within a specific window to receive compensation for their injuries. That’s why it’s important to hire an experienced attorney, like the Bronx personal injury attorneys at The Carrion Law Firm. A skilled legal team can represent your interests to help you recover both economic and non-economic damages. Traumatic brain injury victims and their families deserve compensation for the difficulties they have faced because of the negligence of another party.
Call Our Attorneys to Prove a Traumatic Brain Injury (TBI) in New York
Our team can help healing families seek justice in a traumatic brain injury lawsuit. For a free case review with the dedicated Brooklyn personal injury attorneys at The Carrion Law Firm, visit our website or call today at (718) 841-0083.