Long Island Brain Injury Attorney

Working to Secure Maximum Compensation for Victims of Head and Brain Trauma

Our brain cells handle every little aspect of our lives. From controlling our bodily functions to shaping how we think, these small biological objects control everything in and around us. Unfortunately, it only takes one serious brain injury to upend a person’s life completely. Even in seemingly minor cases, harm to the brain can result in decades of ongoing issues — ranging from difficulty concentrating to suicidal ideation — and even permanent disability. If you or a loved one have suffered such harm due to someone else’s negligence, a brain injury attorney in Long Island may be able to assist.

At The Law Offices of Elke E. Mirabella, PC, you’ll work directly with a personal injury lawyer who is committed to securing a favorable outcome in your case. Brain damage should never be considered a minor injury — because these issues could become problematic days, weeks, or even years down the line. Injured victims who suffer a head injury or any other type of damage to their brain deserve financial compensation when their injuries are due to the wrongful acts of others. Our law firm is here to help in this endeavor.

Do You Have a Valid Personal Injury Claim?

Whether you’ve suffered a traumatic brain injury (TBI) or something more internal and acquired, it’s important to understand your legal rights to secure financial compensation. When another person’s negligence leads to your injury, you may believe it’s clear that they’re responsible for your losses. However, it’s first necessary to prove three elements of liability.

These elements must be established in court when filing a personal injury lawsuit. Of course, it’s also important to establish that these elements exist during insurance settlement negotiations. After all, no insurance company is going to pay fair compensation if they believe they’ll succeed in court. That’s why establishing the following elements is critical for a serious or mild brain injury:

Duty of care: This is a responsibility to avoid acts that could harm others. For instance, motorists are expected to drive safely — and doctors are expected to follow current best practice guidelines.
Violation of duty: Your New York brain injury attorney will also need to show that the liable party violated their duty of care. For instance, perhaps a motorist was speeding or a doctor administered too much anesthesia.
Causation of harm: Any successful brain injury lawsuit will also need to show that harm occurred due to a violation of duty. For instance, maybe the speeding motorists caused a car accident, which resulted in expensive medical bills due to severe head injuries.

Long Island brain injury victims should not make assumptions about these elements. Even if it seems that your case may not qualify, the simple fact is that brain injury cases are incredibly complex. This is why you should have a legal professional review your case. Contact the Long Island brain injury attorneys at our law firm today. We’ll schedule your free consultation and help you understand the options in your brain injury case.

Are There Different Types of Brain Injuries?

Experienced brain injury lawyers in Long Island can tell you that no two injuries are exactly alike. While many may have commonalities, everyone’s brain is different. Therefore, damage to the brain — even in similar circumstances — can have a wide variety of results. However, the majority of commonalities exist when victims suffer the same type of brain injury. While there are many classifications, all injuries will fall into one of the following categories:

Traumatic Brain Injury

A traumatic brain injury occurs when damage to the brain stems from an external force. Severe TBI victims could have their lives changed forever. They may find themselves facing the prospect of supported living going forward, or they could even be placed on life support. However, even a seemingly minor brain injury can have long-term results. For instance, repeated concussions can lead to chronic traumatic encephalopathy. This has been shown to have long-lasting effects that could include changes in behavior, depression, suicidal ideation, violent tendencies, and more.

Non-traumatic Brain Injury

Non-traumatic brain injuries occur due to internal issues unrelated to force. Unlike traumatic brain injury cases, these acquired brain injuries can stem from disease, genetic defects, brain hemorrhage, or errors in medical care (e.g., anesthesia mistakes). Do not fall into the trap of thinking these non-traumatic injuries are any less damaging than their concussive counterparts. Any damage to the brain tissue can have detrimental effects. If you or a loved one have found yourself in this position, contact a Long Island brain injury attorney today.

What Are Common Causes of Traumatic Brain Injuries?

A traumatic brain injury (TBI) can stem from a variety of causes. Unfortunately, each of these can be as devastating as the others. A hard tackle in a sporting event can cause cognitive impairment just as easily as a car accident. Understanding these causes will help you recognize just why TBIs are so common in America:

Car accident
Assault
Penetrating head injury
Slip and fall accidents
Skull fractures
Sports injury
Blast injuries
Shaken Baby Syndrome

At times, some of these injuries can be made worse after the fact due to medical malpractice. Regardless of how you were injured, though, it’s critical that you seek legal help. A Long Island brain injury attorney can review your case and help you understand how to move forward.

What Are Common Causes of Non-traumatic Brain Injuries?

One thing that all Long Island brain injury lawyers know is that brain injuries come in many forms. Unfortunately, there are a myriad of issues that can lead to brain damage of varying severity. When it comes to acquired brain injury, the most common causes include the following:

Brain tumor
Strokes
Oxygen deprivation
Medical malpractice
Infections
Anoxic brain injury
Constricted blood vessels
Metabolic disorders
Seizures

Regardless of whether your injury falls into any of these categories, you may be entitled to substantial compensation. However, it’s important not to take on an insurance company on your own. Our Long Island brain injury lawyers can provide you with a free legal consultation to help you understand your options.

This no-obligation consultation will help you make a more informed decision, and if you choose to work with us, you’ll owe nothing unless we’re able to secure compensation for you.

What Damages Might You Be Entitled To?

From car accidents to medical mistakes, brain injuries can stem from many different causes. However, only certain damage types are available in any of these cases. Whether you suffered a mild TBI or permanent disabilities due to an acquired brain injury, courts will consider whether your case qualifies for the following damages:

Economic damages: This is reimbursement for monetary losses. Damages can include lost wages, medical treatment expenses, property damage, rehabilitation costs, future medical treatment, and more.
Non-economic damages: This is reimbursement for non-financial losses. Severe brain damage can lead to pain and suffering, emotional distress, loss of enjoyment in life, and other compensable damages.
Punitive damages: If a liable party’s actions are particularly egregious, securing financial compensation in the form of punitive damages may be possible. These damages are meant to punish the at-fault party rather than reimburse the victim.

When you seek compensation, there’s no guarantee that you’ll receive all these damages. However, statistics show that working with a personal injury lawyer greatly increases an injury victim’s odds of receiving fair financial recovery. After seeking help from a medical professional, your next call should be to a Long Island brain injury attorney. Contact our law firm to schedule a free consultation today.

Contact a Long Island Brain Injury Attorney Today

When a brain injury results in significant harm, it’s difficult to know how to move forward. If you’re lucky, an insurance company may offer to cover your medical expenses, but in many cases, this simply isn’t enough. Any head injury — whether internal or external — can change your life forever. In some situations, victims may end up with ongoing pain and suffering due to headaches. In more extreme scenarios, they may be unable to ever care for themselves again. Regardless of the exact circumstances, a lawyer may be able to help you pursue compensation.

At The Law Offices of Elke E. Mirabella, PC, it’s our goal to help injury victims secure every penny of financial compensation they deserve. We understand that personal injury cases can be stressful and daunting, and that’s why we treat every client like a member of our family. We don’t allow our clients to face these burdens alone and refuse to allow insurance companies to take advantage of them. After you seek medical attention, your next call should be to a Long Island brain injury attorney at our law firm.

Brain Injury Attorneys in Long Island