One of the most damaging injuries you can suffer is a traumatic brain injury (TBI). It can be the result of a car accident or other sort of negligence. A had injury caused by a car accident can lead to TBI.
Traumatic brain injury occurs when a blow or impact to the head causes damage to the brain. It may require surgery. It may cause bleeding in the brain which can affect your memory, speech, and ability to perform day to day functions.
If someone is responsible for your TBI, you are entitled to compensation. TBI can affect your physical health. It may prevent you from doing the job that you love. It may prevent you from working altogether.
TBI also affects your family. It impacts how you respond to your spouse and children. It affects the way you interact with society at large. In short, a TBI affects every single aspect of your life. If you’re lucky, it can be fixed with treatment or surgery. If you’re not lucky, however, it can last a lifetime and change your life in unimaginable ways.
Damages and Compensation for a Traumatic Brain Injury
If you suffer a traumatic brain injury, and it is someone else’s fault, you are entitled to compensation. TBI can lead to many sorts of damages. It is up to your attorney to help you prove what losses you have suffered. TBI can result in compensation for:
- Past medical bills – TBI requires many rounds of testing and doctor’s visits. It may involve surgery. It usually requires physical and occupational therapy. There may be long hospital stays involved.
- Future medical bills – Sadly, most TBI require long-term medical care. You may be filling prescriptions for the rest of your life. You will have to undergo MRI and other tests for the rest of your life and you may need future surgeries or therapy. Someone should pay for these future medical bills.
- Lost wages (past and future)
If you suffer a TBI, you are going to suffer lost wages. You have already missed a lot of work or you may have lost your job due to the inability to perform. You probably can’t return to your prior career if the TBI is significant enough. These lost wages count in the calculated damages. The court will look to see how much your earnings would have been without the TBI. They will compare this figure to your earnings following the TBI.
- Pain and Suffering
New York does allow for damages for pain and suffering. The pain you will experience due to a TBI will be immense. So will the suffering. The suffering is not limited to you. Your family may have a claim for pain and suffering since they will surely experience this as well.
Your auto accident attorney will review all of your records and documentation. They will make a claim for whatever damages you are entitled to.
Time Limit to File Claim for a Traumatic Brain Injury
All claims in New York have a statute of limitations. This is the time period which you have to file a claim. For most personal injury claims in New York, the statute of limitations is two years. The two years starts on the day of the incident or accident. There are exceptions to this rule.
If the TBI leads to death, the statute of limitations does not start running until the date of death. If you have lost a loved one to a TBI you need to contact an attorney in Buffalo immediately. Your grief is overwhelming. However, you will need someone to protect your rights.
A TBI that results from medical malpractice also has a different statute of limitations. The start date will be different depending on your case. Ask your attorney when you meet for your consultation so you don’t miss this deadline.
Consult an Auto Accident Lawyer in Buffalo for TBI
Nobody wants to think of what could happen in a serious accident. We wake up every day and hope for a good day. We don’t ever think we’ll need a lawyer for a brain injury. However, things happen. If you or a loved one is involved in a car accident, you may need a lawyer. If the accident results in a traumatic brain injury you definitely want an attorney. Call an auto accident attorney in Buffalo, New York at Buffalo Car Accident Lawyers for a free consultation. Don’t wait and risk missing the filing deadline.
Your auto accident lawyer will look at your case. They will give you an idea of what damages you may be entitled to. They’ll also work hard to negotiate with the insurance company. They will work to get you every penny you are entitled to. Call today and schedule your free consultation.