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Suing for a Brain Injury After a Car Accident

Apr 22, 2024 | Auto Accidents, Brain Injury

One of the most common injuries that can be sustained in a serious car accident is a brain injury. During the impact of a collision, a victim might hit their head and be subjected to a hard blow that results in pressure being placed on the brain. However, just as the circumstances surrounding every accident are different, every victim is affected by a brain injury in a unique way. If you experienced a brain or head injury in a car crash caused by someone else’s negligence, you may be entitled to compensation for your economic losses — and your pain and suffering.  

Types of Brain Injuries 

There are many ways the brain can be injured in a car accident. While brain injuries are often caused by the head striking the steering wheel, dashboard, or other interior part of the vehicle, direct impact is not always necessary for such an injury to arise. The force of a collision alone can cause the brain to be injured, without any contact to the skull. Brain injuries that occur due to car accidents are often serious and can disrupt communication to and within the brain, leading to short-term problems with normal brain functions or permanent disability.

Depending on the severity of the impact, a car accident victim can sustain a wide variety of brain injuries, including the following:

  • Concussion — A concussion is caused by a jolt to the head that results in the brain colliding with the inside of the skull. Although these are considered mild brain injuries, they can still cause extreme pain, loss of cognitive function, memory loss, difficulty with concentration, and disorientation. In some cases, a concussion can cause permanent brain damage.
  • Contusion — A brain contusion is a bruise on the brain. While these injuries often heal on their own, they can lead to blood clots and bleeding on the brain in some cases. 
  • Secondary brain injury — A secondary brain injury is the damage that occurs after the primary brain injury, including the chemical and blood vessel changes that cause destruction of the brain tissue.   
  • Intracranial hematoma and hemorrhage — Hematoma and hemorrhages cause bleeding on the brain that can lead to damage that results in impaired cognitive functioning and permanent brain damage. These types of injuries can be life-threatening and require emergency treatment.   
  • Cerebral edema — Cerebral edema is swelling on the brain that can disrupt the blood-brain barrier. This is a life-threatening condition that can lead to fatality if not promptly treated. 

The effects of an injury to the brain can last for several months, or sometimes even years. Depending upon the injury, a victim may require extensive medical care, including surgeries to prevent additional damage. In addition, they may need rehabilitation to relearn how to walk, speak, and perform other functions. Rehabilitation can include physical or occupational therapy, language and speech work, and recreational or vocational therapy.  

Compensation for a Brain Injury

A car accident-related brain injury can result in major economic and non-economic losses for a victim and their family. From medical treatment to lost wages, out-of-pocket costs, and future lost earnings, the financial impact can be significant. Brain injuries can also reduce the quality of a victim’s life and cause them to suffer a considerable amount of physical pain and emotional anguish.   

In the event the car crash was caused by another driver’s carelessness or recklessness, they may be held legally liable for the harm they caused a victim to suffer. By filing a personal injury action, a victim may be entitled to hold the negligent driver accountable for their wrongdoing and recover compensation for their damages. 

Typically, the compensation awarded in a lawsuit for a brain injury is substantial — due to the nature of these injuries, it’s not uncommon for a jury to award a verdict in the millions. However, the amount of compensation will be based upon a number of factors, including the cost of unreimbursed medical expenses, decreased earning ability, and how the injury affected the victim’s daily life and family relationships. It’s crucial for a victim to consult with a personal injury attorney who can best evaluate their claim and determine the types of damages available in their specific case. 

Contact an Experienced New York Personal Injury Attorney

If you have suffered a brain injury in a car crash caused by someone else’s negligence, it’s vital to have a knowledgeable personal injury attorney by your side who can help you obtain the monetary recovery you deserve. The Edelsteins, Faegenburg & Brown LLP has an impressive track record of securing substantial verdicts and settlements on behalf of clients who have sustained injuries to the brain and other catastrophic injuries.  

The Edelsteins, Faegenburg & Brown LLP is a personal injury law firm dedicated to fighting for the rights of accident victims to ensure they secure the monetary recovery they deserve for their injuries. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.  




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