Not every lawyer is created equal. When you need justice served and want to take legal action, you cannot afford to make the wrong choice in legal representation. You need a team with legal experience in compensation claims and litigation experience to fight for you.
At Gregory Spektor & Associates, P.C., we have a proven track record of providing legal support for accident victims. Our New York brain injury lawyer will guide you through the personal injury claim process and provide excellent legal services. Our team will fight for your legal rights. While you focus on healing, let us deal with the legal battle.
A traumatic brain injury can have devastating short-term and long-term effects. When recovering from such an injury, the last thing you need to worry about is the legal process necessary to obtain the compensation you deserve. At Gregory Spektor & Associates, P.C., our New York personal injury lawyers will guide you through several areas, providing you with much-needed relief from legal worries:
A traumatic brain injury (TBI) is an injury to the brain caused by an external physical force, such as a strike or impact, that disrupts normal brain function, resulting in total or partial disability or impairment. TBI can manifest as an open or closed brain injury. These injuries may result in mild, moderate, or severe impairments to the victim’s cognition, language, and reasoning skills. A traumatic brain injury can also result in impaired problem-solving skills, judgment, and physical functions. Brain injuries not caused by trauma such as progressive dementia, birth brain injuries, depression, anxiety, and other degenerative conditions are not classified as TBIs.
TBIs can affect anyone, from children to the elderly. These injuries can result in life-changing symptoms. There are a variety of traumas that can result in a traumatic brain injury. The most common are listed below:
In New York, the statute of limitations for most personal injury cases, including head injuries, is generally three years. Accordingly, you likely have three years from when you were injured to file your claim.
New York law does allow additional time to file a lawsuit in some instances, such as when the victim is:
In these cases, the three-year deadline is counted from when the person gains or regains their ability to make legal decisions. However, the law usually does not allow a lawsuit to be filed more than ten years after the incident that caused the injury.
The statute of limitation can also be modified if the prospective defendant of the lawsuit:
In these cases, the time the person was outside the state of New York or used a fake name is subtracted from the three-year limitation.
If someone else’s negligence caused your TBI, they could be held liable for your medical bills and other expenses incurred while recovering from your severe injuries. Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.
In New York, a plaintiff is not barred from recovery if they are also negligent; however, the amount recoverable can be affected. For instance, if a plaintiff has suffered $100,000 in damages but is found to be 10% negligent, the recoverable amount will be reduced to $90,000.
When you suffer a brain injury due to a driver’s negligence, you need experienced New York brain injury lawyers on your side. At Gregory Spektor & Associates, we understand that each case is unique, and we take a personalized approach to ensure your specific needs are met. We pride ourselves on using our vast legal knowledge to benefit our clients. Contact us for a free consultation at 1(800)-318-8888 to discover how we can help you!