Car accidents happen in Brooklyn every single day, but fortunately, only a small percentage of these accidents result in injuries severe enough to be life-changing. No one expects to be involved in a traumatic brain car accident, but it’s important to understand the legal actions available to victims and their family members in the event that such a tragedy ever occurs.
Defining a Traumatic Brain Injury
A traumatic brain injury typically involves an external mechanical force that is not due to congenital or degenerative brain conditions. It is a very serious injury that may lead to unconsciousness and either temporary or permanent impairments to a person’s physical, cognitive, and social functioning. In addition to car accidents, traumatic brain injuries can be caused by slip and fall accidents, construction accidents, and other scenarios.
Who Can Make Decisions for a Victim Who Is Unable to Communicate?
Many people who have suffered a traumatic brain injury from a car accident are unable to speak or make decisions for themselves because of their condition. In this situation, a power of attorney may need to be named or called upon to speak on behalf of the victim and make medical decisions. If a power of attorney has not previously been appointed, the family may need to contact an attorney experienced in traumatic brain injury car accident cases to establish legal guardianship for the incapacitated person.
Reparations for a Major Car Accident Brain Injury
Brain injuries are among the most serious injuries a person can sustain from a car accident, which means these are often high-value claims with maximum compensation. But as with any accident, victims of these accidents and their attorneys must be able to provide evidence that someone else was negligent and caused the accident that resulted in the brain injuries.
Possible Financial Damages for a Brain Injury Victim
Medically treating a traumatic brain injury is very expensive, so reparations are relied upon to pay for medical bills for surgeries, scans, x-rays, and testing. Injury compensation claims involve the total amount of medical bills incurred so far, estimates of future treatment costs, out-of-pocket expenses, pain and suffering, diminished cognitive abilities, and lost wages due to the accident.
Traumatic Brain Injuries of Pedestrians
The defense in an auto accident case can differ based upon which involved party suffered the traumatic brain injury. For example, drivers, pedestrians, and cyclists can all be victims of brain injury from car accidents. However, the mortality rate of pedestrians and cyclists struck by vehicles and sustaining brain injuries is much higher than that of other drivers. Many traumatic brain injuries result in death, which could mean pursuing a wrongful death lawsuit on behalf of the victim.
Legal Help for Victims of Brain Injury from Car Accident
We sincerely hope that you and your family never have to experience a traumatic brain injury car accident, but if tragedy strikes, remember the Law Office of Jeffrey K. Kestenbaum. We have pursued many traumatic brain injury cases due to car accidents, and we will fight on your behalf to hold the responsible person accountable.
Call us today at 718-237-5586 or send us a message to schedule an appointment for a free consultation and case review. Attorney Kestenbaum is devoted to his clients and is personally available to address his clients’ needs and take their telephone calls.
