Queens Brain Injury Attorney

Compassionate & Aggressive Advocacy for Brain Injury Victims in Queens, NY

Traumatic brain injuries (TBIs) can be devastating, permanently altering the lives of victims and their families. If you or a loved one has suffered a brain injury due to someone else's negligence in Queens, NY, you need a skilled and compassionate legal team on your side. At Law Office of Seni Popat, P.C., we understand the profound challenges that come with a TBI, and we are dedicated to helping you secure the compensation you deserve.

Don't face the complex legal system alone. Call (718) 340-3385 or contact us online today for a free, no-obligation consultation.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a complex injury to the brain caused by a sudden jolt, blow, or penetrating head injury that disrupts the brain's normal function. Unlike other injuries, the effects of a TBI can be subtle at first, only to manifest with severe long-term consequences. The severity of a TBI can range from mild (a brief change in mental status or consciousness) to severe (an extended period of unconsciousness or amnesia after the injury). Even a "mild" TBI, often referred to as a concussion, can have significant and lasting effects on an individual's cognitive abilities, emotional regulation, and physical health.

The brain is an incredibly complex organ, and any damage to it can have far-reaching implications. When an external force impacts the head, the brain can move violently within the skull, leading to bruising, tearing of tissues, bleeding, and swelling. This internal damage can disrupt the intricate networks of neurons that control everything from thought and memory to movement and emotion. The immediate aftermath of a TBI often involves a cascade of biochemical changes that can further exacerbate the damage, leading to secondary injuries that can be just as debilitating as the initial trauma.

Common Types of Traumatic Brain Injuries

While all TBIs involve damage to the brain, they can manifest in various forms, each with its unique characteristics and potential for long-term impact. Understanding the specific type of TBI can be crucial in assessing the extent of the damage and the appropriate course of treatment and legal action.

• Concussion (Mild TBI): Often considered the mildest form of TBI, concussions result from a sudden jolt or blow to the head that causes the brain to rapidly accelerate and decelerate. While there may be no visible external injury, the brain experiences microscopic damage and chemical changes that can lead to symptoms like headaches, dizziness, confusion, memory problems, and difficulty concentrating. Though often underestimated, repeated concussions or even a single severe concussion can have cumulative and lasting effects.
• Contusion: A brain contusion is essentially a bruise on the brain tissue. It occurs when a direct impact to the head causes localized bleeding and swelling in the brain. Contusions can vary in size and severity, and their effects depend on the location and extent of the bruising. Symptoms can range from mild cognitive impairment to more severe neurological deficits.
• Coup-Contrecoup Injury: This type of injury occurs when the brain impacts the skull on the side of the initial blow (coup) and then rebounds to strike the opposite side of the skull (contrecoup). This dual impact can cause widespread damage, affecting multiple areas of the brain and leading to more diffuse and complex symptoms.
• Diffuse Axonal Injury (DAI): One of the most severe and debilitating types of TBI, DAI results from violent rotational forces that cause the brain's long connecting nerve fibers (axons) to tear or shear. This widespread damage disrupts communication between different areas of the brain, often leading to immediate and profound loss of consciousness and long-term cognitive and physical impairments. DAI is often associated with high-impact collisions and can be particularly challenging to diagnose and treat.
• Penetrating Brain Injury: This occurs when an object pierces the skull and enters the brain tissue, such as from a gunshot wound or a sharp object. These injuries are often localized but can cause significant immediate damage and carry a high risk of infection and other complications.

Common Causes of TBI

Traumatic brain injuries can result from a wide range of incidents, many of which are preventable and stem from another party's negligence. Common causes include:

• Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents are among the leading causes of TBIs. The violent forces involved in collisions can cause the head to strike hard surfaces or undergo rapid acceleration and deceleration, leading to severe brain trauma. Distracted driving, drunk driving, speeding, and reckless behavior often contribute to these devastating accidents.
• Falls: Falls are a significant cause of TBIs, especially among young children and older adults. They can occur at construction sites, in nursing homes, due to hazardous conditions on public or private property, or from ladders and stairs. Property owners have a responsibility to maintain safe premises, and their failure to do so can lead to serious brain injuries.
• Sports and Recreation Accidents: Contact sports like football, soccer, and hockey carry a risk of concussions and other TBIs, particularly when proper safety protocols are not followed or equipment is inadequate. Recreational activities such as biking, skateboarding, or horseback riding can also lead to brain injuries if participants are not properly protected or if there are unsafe conditions.
• Assaults and Violence: Acts of violence, including domestic violence, physical altercations, and gunshot wounds, can result in severe penetrating or blunt force TBIs.
• Workplace Accidents: Workers in various industries, particularly construction, manufacturing, and transportation, are at risk of TBIs due to falls, falling objects, machinery accidents, and vehicle collisions. Employers have a duty to provide a safe working environment, and negligence in this area can lead to serious injuries.
• Medical Malpractice: In rare but tragic cases, medical errors during surgery, childbirth, or other medical procedures can lead to brain injuries. This could involve oxygen deprivation, surgical errors, or improper medication administration.

Long-Term Effects of Brain Injuries

The long-term effects of a TBI can be profound and life-altering, impacting nearly every aspect of a person's life. These effects can range from subtle cognitive deficits to severe physical and emotional impairments, often requiring extensive and ongoing medical care. Common long-term effects include:

• Cognitive Impairments: Many TBI survivors experience difficulties with memory, attention, concentration, problem-solving, and executive functions (planning, organizing, decision-making). These cognitive changes can affect an individual's ability to work, learn, and perform daily tasks.
• Physical Challenges: Depending on the area of the brain affected, individuals may experience physical impairments such as weakness or paralysis on one side of the body, balance and coordination problems, persistent headaches, seizures, vision disturbances, and speech difficulties.
• Emotional and Behavioral Changes: TBIs can lead to significant emotional and behavioral changes, including irritability, mood swings, depression, anxiety, personality changes, impulsivity, and difficulty with social interactions. These changes can strain relationships and make it challenging to reintegrate into social and professional life.
• Communication Problems: Damage to areas of the brain that control language can result in aphasia (difficulty speaking or understanding language), slurred speech, or problems with verbal fluency.
• Sensory Issues: Some TBI survivors experience changes in their senses, such as altered taste or smell, ringing in the ears (tinnitus), or increased sensitivity to light and sound.
• Sleep Disturbances: Insomnia, excessive sleepiness, and other sleep disorders are common after a TBI, further impacting cognitive function and overall well-being.
• Post-Traumatic Epilepsy: In some cases, a severe TBI can lead to the development of epilepsy, a neurological disorder characterized by recurrent seizures.
• Hydrocephalus: This condition, characterized by an abnormal buildup of cerebrospinal fluid in the brain, can sometimes develop after a TBI and may require surgical intervention.
• Chronic Pain: Many TBI survivors suffer from chronic headaches, neck pain, and other forms of persistent pain, which can significantly reduce their quality of life.

The long-term effects of a TBI often necessitate extensive medical treatment, including rehabilitation therapies (physical, occupational, speech, cognitive), medication, and psychological counseling. The financial burden associated with these ongoing needs can be astronomical, underscoring the importance of securing comprehensive compensation.

TBI Claim FAQs

Navigating a TBI claim can be complex. Here are some frequently asked questions:

How much is my TBI case worth?

The value of a TBI case varies greatly depending on several factors, including the severity of the injury, the extent of medical treatment required, lost wages, future earning capacity, pain and suffering, and the long-term impact on your quality of life. A Queens brain injury lawyer at Law Office of Seni Popat, P.C. can assess the specifics of your case to provide a realistic estimate.

What kind of compensation can I seek in a TBI claim?

You may be entitled to compensation for various damages, including:

• Medical Expenses: Past and future medical bills, including emergency care, hospitalization, surgeries, rehabilitation, medication, and ongoing therapy.
• Lost Wages: Income lost due to time off work for recovery, as well as future lost earning capacity if the injury prevents you from returning to your previous employment or working at all.
• Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and the loss of enjoyment of life resulting from the injury.
• Emotional Distress: Damages for psychological trauma, anxiety, depression, and other emotional consequences of the TBI.
• Loss of Consortium: If the injury significantly impacts your relationship with your spouse.
• Household Services: Costs for services you can no longer perform due to your injury, such as cleaning, cooking, or childcare.
• Punitive Damages: In rare cases where the at-fault party's conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.

How long do I have to file a TBI lawsuit in New York?

In New York, the statute of limitations for most personal injury claims, including those involving TBIs, is generally three years from the date of the injury. However, there are exceptions, especially in cases involving minors, government entities, or medical malpractice. It is crucial to consult with an experienced Queens brain injury lawyer as soon as possible to ensure you do not miss critical deadlines.

Do I need a lawyer for my TBI claim?

While you are not legally required to have a lawyer, representing yourself in a TBI claim is highly discouraged. TBI cases are notoriously complex, involving extensive medical evidence, expert testimony, and sophisticated legal arguments. Insurance companies will often try to settle for the lowest possible amount, and their adjusters are trained to minimize payouts. 

Our Queens brain injury attorney will:

• Investigate the cause of your injury and gather crucial evidence.
• Work with medical experts to fully understand the extent and long-term implications of your TBI.
• Accurately calculate all your damages, including future medical costs and lost earning potential.
• Negotiate fiercely with insurance companies on your behalf.
• Represent you effectively in court if a fair settlement cannot be reached.

Contact a Queens Brain Injury Lawyer Today

A traumatic brain injury can change everything. At Law Office of Seni Popat, P.C., we are committed to providing compassionate and effective legal representation to TBI victims and their families in Queens, NY. We understand the physical, emotional, and financial burdens you are facing, and we will fight tirelessly to secure the maximum compensation you deserve.

Contact us at (718) 340-3385 today and take the first step toward recovery.