Woman with bandage around head and holding right side of face. Doctor in the backgroud. Traumatic Brain Injury.

What Compensation Is Available For Traumatic Brain Injury Victims In NY?

Of all the potential injuries a victim could suffer during an accident, traumatic brain injuries (TBIs) are one of the most serious. According to the Centers For Disease Control (CDC), TBIs caused 69,000 deaths in 2021 alone. And even if the injury isn’t fatal, it can still cause severe long-term damage.

If you were a victim of a TBI, you have the right to seek justice for what happened. Learn more about the types of compensation available for TBI victims in New York and how a professional attorney can help.

What Is a Traumatic Brain Injury (TBI)?

A TBI is a serious head injury that affects your brain, caused by blunt force trauma due to car accidents, slips and falls, and so on. Depending on the head injury, a victim could sustain mild concussions to permanent brain damage or even death in severe incidents. Some of the effects of TBIs include:

  • Memory or sensory problems
  • Feeling confused or disoriented
  • Loss of consciousness
  • Loss of coordination
  • Feeling numb in specific parts of the body
  • Seizures or convulsions

Compensation For TBI Victims in New York

Like other personal injury cases, compensation for TBI victims is divided into economic, non-economic, and punitive damages. Let’s go through each category to see what type of compensation you’d be eligible for:

Economic Damages

Economic damage refers to the concrete damage you suffered due to the accident. These include:

  • Medical Expenses: Emergency treatment, surgeries, prescriptions, and ongoing rehabilitation
  • Lost Wages: Any missed days from work and loss of future earning potential you can’t return to work
  • Additional Expenses: Transportation to and from appointments and disability aids

Non-Economic Damages

On the other hand, non-economic damages encompass intangible assets. These damages are harder to calculate and vary based on your case’s details. A few examples of non-economic damage include:

  • Pain and Suffering
  • Psychological Distress
  • Loss of Enjoyment
  • Loss of Consortium

Punitive Damages

Punitive damages cover any situation where the defendant’s actions were particularly extreme. They’re much rarer than the previous two categories, and a judge will mainly use them to deter the defendant from doing the same thing again in the future. Cases like wrongful death suits, DWI cases, or assault cases are a few of the main ones where these damages are more common.

How Do You Calculate Compensation?

Insurance companies and lawyers consider a few things when calculating a fair settlement package for your TBI. A few factors they look at include:

Since every case is wildly different, it’s difficult to determine how much you receive after your lawsuit. A personal injury lawyer can calculate your damages and help you create a fair settlement that covers your injuries.

Our Lawyers Are Here To Help

Being injured with a TBI can completely change someone’s life overnight. This is why filing a lawsuit against those who harmed you is so important. Our Long Island personal injury lawyers help traumatic brain injury victims build a strong case and secure the compensation they’re rightfully entitled to. Please contact us at (866) 574-0825 to schedule a free consultation today.