Brain Injury Lawyer New York

New York Brain Injury Lawyers - Frekhtman and Associates represent victims of brain injury, head injury and traumatic brain injury (TBI) within New York State including Queens, Bronx, Manhattan and Brooklyn.

A traumatic brain injury often results after an accident. Examples of accidents that frequently cause brain injuries including ceiling collapses, falling objects which strike a person's head, construction accidents, and car accidents. An experienced brain injury attorney must, like a doctor, be able to diagnose that his client has potentially suffered a brain injury or mild traumatic brain injury and do a proper work up. This includes finding and referring the patient to proper medical specialists including some of the top neurologists in New York City who will perform a battery of testing in order to pinpoint a conclusive diagnosis.


When we meet a client who has suffered an injury to his head, we always consult with his treating doctor to formulate a medical-legal team who will work together on helping this individual. Often our clients undergo a PET-SCAN which depicts in color images of the brain and must be interpreted by an experienced medical doctor. Consult with an NY Brain Injury Lawyer at (855) BRAIN - LAW for a free legal consultation.


Before explaining how a PET SCAN works, it is important to analyze why one is necessary. Take the following example: an individual is taking a shower when her bathroom ceiling collapses striking her on the head and neck. An ambulance is called and the person is taken to the hospital. Even if she has lost consciousness, most hospitals are busy. They have inordinate wait times and when the emergency room doctors do get around to seeing you, they will perform rudimentary tests and in most cases discharge the patient to their home. This can often leave a severe brain injury untreated.

Even if the hospital or subsequent treating doctors do order an MRI of the brain, it may be normal. This doesn't mean the client has not suffered a brain injury. We have seen dozens of cases where the MRI will be normal but the client continues to experience symptoms including loss of memory, headaches, seizures, feeling of being in a daze or fog, and other similar complaints. Following a PET SCAN, color images of the brain depict and diagnose mild traumatic brain injury.

This comprehensive follow-up is important. First, it allows the client to obtain the best medical care free of charge. It allows the client to receive treatment for his or her injuries which he would not otherwise receive. And lastly it identifies the cause of the injury, which very often is the accident, allowing our firm as attorneys to obtain maximum compensation for the client. This compensation includes an award of damages for pain and suffering but also an award for future medical expenses.

Once we find and confirm a brain injury, we will fight to obtain the compensation our clients deserve. Recently, we represented an individual who claimed a brain injury which was dismissed by the insurance company who argued he was fine and should return to work. Prior to the trial, the client was offered $15,000 to settle his case. After presenting all of our evidence including testimony of psychiatrists, neurologists, and the results of the client's PET SCAN, the final result was a total award close to $3,000,000. This example helps illustrate the simple fact that insurance companies are for profit corporations which care about their bottom line. Yet if someone has sustained a brain injury they often need significant compensation in order to pay for past and future lost earnings, medical bills, future medical care, and the cost of living.

If you or a loved one have been involved in an accident and may have suffered a brain injury, contact us for a free consultation. Whether you are looking a brooklyn brain injury lawyer or bronx TBI attorney, call us at (855) BRAIN-LAW.

PET SCAN

Traumatic brain injury is often silent and undetected. In order to win significant compensation, an attorney must show objective evidence of a brain injury in order to convince jurors that the injury and problems are real. Without this evidence, a client is coming to court saying they have a brain injury with nothing to back up their claim. This is especially important since diagnostic studies such as MRIs and CT scans, usually find that the brain is normal after an accident because they are not as thorough as the new technology of a PET SCAN.

A PET scan uses a small dosage of a chemical called radionuclide combined with a sugar. A PET scanner will rotate around a patient's head to detect the emissions given off by the radionuclide. The computer then uses the measurements of glucose used to produce a picture which is color coded.

PET scans have been approved in the clinical setting to evaluate patients suffering from Alzheimers disease, have been used to diagnose Cancer, Parkinson's Disease, and other illnesses.

Commonly Asked Legal Questions About Traumatic Brain Injuries

Can a traumatic brain injury (TBI) survivor bring a lawsuit to assist in paying for the costs of medical care, rehabilitation, and support?

The ability to successfully bring a lawsuit for compensation for traumatic brain injuries depends on a number of factors. One important factor is the cause of the injury. If a defective product causes an injury, such as an automobile, many states have laws that place responsibility on the manufacturer and distributor of the product to compensate the injured person. If another person is at fault in causing a traumatic brain injury, that person can also often be held responsible for compensating the injured person. Speaking with an attorney who is experienced in representing people with personal injuries and is knowledgeable about traumatic brain injuries is recommended.

If a traumatic brain injury occurs in the workplace, can the employer be sued for compensation?

Ordinarily, employers cannot be sued for injuries to an employee that occur during the scope and course of employment. Under those circumstances, the employee must make a claim for worker’s compensation. However, most states have some exceptions to the general rule that an employer cannot be sued for work related injuries. For example, when a worker at a job site is negligently injured by someone other than the employer (such as another subcontractor at a construction site), the negligent party ordinarily can be held responsible in court for the injuries. Speaking with an attorney who specializes in representing workers with worker’s compensation claims is recommended to learn about available compensation for work related traumatic brain injuries.

If a person dies from a brain injury, can loved ones bring a claim for the injury?

Claims for the wrongful death of a family member are often allowed, although all states have restrictions on which family members are permitted to make claims. Unrelated individuals are ordinarily not permitted to make a claim for the death of a loved one, although some states have limited exceptions to this general rule. Speaking with an attorney who is experienced in representing people with personal injuries and is knowledgeable about brain injuries is recommended. Are there any limitations on the amount of time a person has to bring a suit for personal injury or wrongful death?

Yes! Each state has its own laws on the length of time following an injury or death that a person has to file a lawsuit. Therefore, if you believe that either you or a family member may have a valid claim, you should promptly consult with an attorney about time limitations on making the claim.

What kinds of compensation can a TBI survivor recover in a lawsuit?

A lawsuit is often the only means of obtaining the compensation needed to cope with traumatic brain injuries. The types of compensation that can be recovered depend on the particular circumstances of each individual but typically include monies for medical expenses (both past and future), rehabilitation costs and attendant care, assistive equipment and technology, home modifications to accommodate disabilities, lost income, lost earning capacity, pain, suffering, emotional distress, disfigurement, and disability.

What to do following a head injury?

If the brain injury was related to a motor vehicle collision, insist that a report be filed with the police, sheriff or state highway patrol.

Obtain names, addresses and telephone numbers of all witnesses.

If the brain injury was related to an accident, photograph the accident scene, including all vehicles involved (before repairing) and any visible injuries (cuts, bruises).

Professional photographs are generally preferable, but not essential.

Talk to no one about the incident or injuries other than your personal physician or lawyer.

Sign nothing without consulting a lawyer. Truthful statements you make in an attempt to be helpful can easily be misinterpreted and turned against you.

Tell your personal physician or surgeon exactly how the injury occurred and describe all symptoms and complaints. Be sure to report memory problems, confusion or disorientation, however minor these things may seem at the time.

Do not assume that you did not lose consciousness just because you cannot remember losing consciousness. Begin keeping a diary of how the brain injury affects your life and family. In particular, write down all medical related visits and everything that causes physical pain, frustration or worry.

Obtain and keep receipts for all expenses relating to the accident or the incident that caused the brain injury. If the injury was related to an accident and you were given a ticket, consult a lawyer before paying a ticket or appearing in court, even if you believe you were partially at fault. Admissions made in traffic court could unfairly hurt your case.

New York Head Injury Attorneys - Frekhtman Associates represent victims of brain injury. Call us at (855) BRAIN-LAW for a free legal consultation.

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