Dedicated New York Brain Injury Attorneys Serving The Bronx
At Maggiano, DiGirolamo & Lizzi, we recognize the profound impact that a brain injury can have on an individual’s life. As dedicated Bronx brain injury lawyers, we understand that these injuries go far beyond mere physical harm, affecting finances, daily life, mental health, and the precious bonds with family and friends.
According to the CDC, there were more than 69,000 deaths related to traumatic brain injuries (TBIs) in the U.S. in 2021. That’s not just a statistic—that is 69,000 real people who lost their lives. Imagine the 2.8 million more who survived but face immense challenges every day.
Brain injuries can range from mild concussions to severe trauma. Many will result in long-term or permanent impairments in physical, cognitive, emotional, and functional abilities. The path to recovery and adjustment is often fraught with emotional and financial strains.
At Maggiano, DiGirolamo & Lizzi, we bring over 80 years of combined trial experience to each case. We ensure meticulous investigation and robust representation. Whether it’s a car accident, a workplace incident, or any other form of negligence that led to the injury, our team is committed to securing justice and pursuing significant compensation for brain injury survivors in New York.
If you or a loved one has endured such a life-altering injury, our Bronx brain injury attorneys are here to stand with you in this fight for justice. Call (212) 543-1600 or contact us online for a FREE consultation. We proudly serve clients in the Bronx, Upper Manhattan, and throughout New York.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a form of injury that occurs when an external force causes brain dysfunction. It often results from a violent blow or jolt to the head or body, and its severity can range from a mild concussion, causing temporary confusion and headaches, to more severe impacts, leading to prolonged periods of unconsciousness, amnesia, or permanent brain damage.
TBIs can disrupt the normal functioning of the brain, affecting cognitive abilities, physical coordination, emotional regulation, and sensory perception. Understanding the nature and impact of TBIs is essential in addressing the legal and medical needs that arise from such injuries.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries can arise from a variety of incidents, with common causes including:
- Falls: The leading cause of TBIs, especially among older adults and young children. Falls occur at home, work, and in public places. Commonly, we see falls from heights in construction and slip and falls in everyday settings.
- Motor Vehicle Accidents: Involving cars, trucks, motorcycles, bicycles, or pedestrians, these accidents are a prevalent source of head injuries.
- Sports Injuries: High-impact sports like football and boxing contribute to a significant number of sports-related brain injuries.
- Violence: Assaults, domestic violence, and other forms of physical abuse can result in traumatic brain damage.
- Workplace Accidents: Especially in industrial and construction settings, where risks of falls or being struck by objects are higher.
- Nursing Home Accidents or Abuse: Older individuals are particularly vulnerable to brain injuries due to accidents or abuse in nursing homes.
- Birth Injuries: Complications during childbirth can lead to TBIs in newborns.
- Medical Malpractice: Errors during medical procedures can result in brain injuries.
- Boating Accidents: Collisions or falls on boats can cause significant head trauma.
Identifying the cause of a TBI is critical for legal claims, where determining liability is a key factor. A Bronx personal injury lawyer can provide guidance in such cases, advocating for the rights and needs of TBI victims and their families.
What Are the Types of Traumatic Brain Injuries?
Understanding the different types of traumatic brain injuries is crucial for both medical and legal reasons. These injuries range in severity and impact, including:
- Concussions: The most common, often resulting from a blow to the head.
- Contusions: Bruises or bleeding on the brain, sometimes requiring surgery.
- Diffuse Axonal Injuries: Caused by severe shaking or rotational forces, often in car accidents.
- Penetrating Injuries: Occur when an object pierces the skull, directly harming brain tissue.
- Anoxic Brain Injuries: Result from a lack of oxygen to the brain.
Each type of TBI has unique implications and requires knowledgeable medical and legal attention, making the role of a skilled Bronx brain injury lawyer vital.
Symptoms of Brain Injuries
The symptoms of brain injuries can vary widely depending on the type and severity of the injury. Common symptoms include:
- Headaches
- Nausea or vomiting
- Fatigue or drowsiness
- Speech difficulties
- Dizziness or loss of balance
- Sensory issues (blurred vision, ringing in ears)
- Memory or concentration problems
- Mood swings or behavior changes
- Seizures
- Weakness or numbness in limbs
- Confusion or disorientation
- Loss of consciousness
It’s important to recognize that symptoms of a brain injury can range from mild to severe and may not appear immediately. If you are having symptoms, seek medical treatment immediately. Ongoing monitoring and medical assessment are vital, especially after an incident that could potentially lead to a TBI.
In legal contexts, documenting these symptoms is essential for a brain injury lawsuit, as they form the basis for demonstrating the impact of the injury. A New York brain injury attorney can guide victims and families through the process of documenting and presenting these symptoms as part of their claim.
How Do You Prove a Traumatic Brain Injury in Court?
Proving a traumatic brain injury in a legal setting involves presenting clear, compelling evidence to illustrate the injury’s impact. Key components include:
- Detailed Medical Documentation: Medical records are pivotal, showing the diagnosis, treatment, and long-term prognosis of the TBI.
- Expert Medical Testimony: Specialists in neurology or brain injury can provide expert opinions on the nature and extent of the injury based on medical findings.
- Personal Testimonies: Observations from family, friends, or colleagues who can describe the victim’s behavioral and cognitive changes post-injury.
- Accident Reconstruction: Experts may reconstruct the incident to establish the cause and mechanics of the injury.
- Victim’s Testimony: The victim’s account of their symptoms, challenges, and the impact on their daily life.
A Bronx brain injury lawyer skillfully combines these elements to build a strong case, demonstrating how the brain injury has altered the victim’s life.
What Kind of Evidence Is Useful in Brain Injury Lawsuits?
In brain injury lawsuits, certain types of evidence are particularly effective in supporting the claim:
- Medical Records & Tests: These include initial injury reports, treatment records, and results from imaging tests like CT scans or MRIs.
- Expert Analysis: Neurologists or other medical experts can interpret medical data and testify about the injury’s implications.
- Eyewitness Accounts: Statements from those who witnessed the accident can support claims about how the injury occurred.
- Daily Life Impact Evidence: Journals, videos, or records that illustrate the daily challenges faced by the victim post-injury.
- Employment Records: Documentation showing changes in work performance or the inability to work due to the injury.
- Rehabilitation Records: Records from physical or cognitive therapy can demonstrate the ongoing efforts and struggles in recovery.
Collecting and presenting this evidence is a complex task where a Bronx brain injury attorney’s knowledge becomes invaluable. A dedicated lawyer can ensure that every piece of evidence aligns to tell the victim’s story compellingly and convincingly.
Compensation in a Traumatic Brain Injury Lawsuit
In a traumatic brain injury lawsuit, compensation encompasses various forms of damages to address the extensive impact of the injury. These may include:
- Medical & rehabilitation expenses
- Lost wages & loss of future earning capacity
- Home modification costs
- Long-term care expenses
- Pain & suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
In wrongful death cases, compensation attempts to address the profound loss experienced by the victim’s family. Damages typically sought include:
- Medical expenses related to the fatal brain injury
- Pain & suffering before death
- Funeral & burial costs
- Loss of companionship & guidance
- Loss of financial support
- Loss of future earnings & benefits
- Loss of value of household services
In rare cases, punitive damages may be awarded. This type of damages is not meant to compensate the victim or their family but to punish the negligent party responsible for the incident. These damages are only awarded in cases of gross negligence or malicious intent.
Brain injuries are impactful both economically and personally. A Bronx brain injury lawyer plays a vital role in ensuring that victims and their families receive comprehensive compensation for the profound losses resulting from a TBI.
Verdicts and Settlements
$190,000 - Premises Liability / Gym Injury
Settlement in the case of a 46-year-old man who hurt his right elbow while lifting barbells on the gym club’s incline bench when the bench suddenly and unexpectedly went from a 45 degree angle to zero degrees. The individual went on to have an ulnar transposition surgery to his right arm seven months after the incident and lost several months of work following the surgery.
$900,000 - Medical Negligence
To two children of a 35 year old woman who suffered cardiac arrest under anesthesia due to failure to diagnose congestive heart failure by her treating physicians and the anesthesiologist, all of whom cleared her for gall stone surgery despite signs pointing to an underlying heart condition.
$6,200,000 - Motor Vehicle Crash
To a commercial truck driver who was struck by another truck driver while pulled off on the side of the road, resulting in disabling brain injury.
Should I Accept a Brain Injury Settlement?
Deciding whether to accept a brain injury settlement requires careful consideration. It’s important to evaluate if the settlement fully covers all current and future medical expenses, lost income, and compensates for pain and suffering. Often, initial offers may not account for the long-term impact of a brain injury.
Consulting with a Bronx brain injury attorney is crucial. They can assess the fairness of the offer, negotiate for a better settlement, and advise you on the best course of action. Remember, once a settlement is accepted, you cannot typically seek additional compensation later, even if your condition worsens.
Case Study
A young woman was injured in a devastating car accident on the lower level of the George Washington Bridge. She was the backseat passenger in a car driven by an intoxicated driver. Tragically, the car collided head-on with a stationary tractor-trailer, leading to severe consequences for the woman. She suffered a subdural hematoma, causing permanent brain damage and triggering epileptic convulsions.
In the ensuing legal battle, brain injury attorney Michael Maggiano took on the case with determination. Through meticulous investigation, he uncovered that the tractor-trailer’s driver had not adhered to federal safety regulations regarding where he stopped his vehicle (due to a flat tire) and had failed to place warning signals correctly. This key evidence of negligence played an essential role in the case.
As a result of the information compiled by Maggiano, a settlement of $2.5 million was reached during trial. This outcome offered a measure of justice and financial support for the victim’s ongoing medical needs and challenges.
Joseph Maggiano is an excellent person to seek when you have any type of legal issue. He is attentive, knowledgeable and takes his time to explain the process. He is such a nice and pleasant person to deal with. I highly recommend him and his law office for your legal advice!
It was a pleasure having Maggiano, DiGirolamo & Lizzi take on my case. After a car accident left me jobless for several months, they helped get me back on my feet. They went above and beyond the call of duty!
Words cannot express how tremendously grateful I am to Mr. Lizzi for his sincere compassion and legal assistance during one of the most challenging times in my life. While coming highly recommended to me, Mr. Lizzi’s level of expertise and professionalism surpassed my greatest expectations. Regardless of the time or the importance of my matter, every phone call and email was promptly and personally returned. With each circumstance that arose, Mr. Lizzi gave practical advice and supplied necessary information to allow me to make my own informed decisions. The paralegals working with him kept in constant contact if any issues arose. Your office has been able to answer all of my questions and made me feel that I am important.
Simply put, lawyers like Mr. Lizzi are truly and exceptionally rare. I give the law firm of Maggiano, DiGirolamo, & Lizzi my highest recommendation, and should my family or I ever need assistance in the future, I will definitely give them a call.
Maggiano, DiGirolamo & Lizzi Fights For Brain Injury Victims
At Maggiano, DiGirolamo & Lizzi, our commitment to advocating for brain injury victims is reflected in our track record of securing significant verdicts and settlements. Our legal skill and dedication have led to remarkable financial recoveries for our clients, aiding their journey towards healing and justice.
Notable achievements include:
- Securing $10 million for a woman who endured a brain injury due to a misdiagnosed pulmonary embolism following knee surgery.
- Achieving a $10 million settlement for a government employee who sustained a severe brain injury in a vehicle collision.
- Winning $7 million for a 23-year-old woman who faced a debilitating brain injury after being hit by a car on a busy highway.
- Obtaining $6.2 million for a commercial truck driver who suffered a life-altering brain injury in a crash caused by another truck.
- Garnering $1.5 million for the family of a high school vice principal who tragically passed away from a brain injury, a result of undiagnosed abdominal aortic dissection.
Each case stands as a testament to our firm’s unwavering dedication to serving those affected by brain injuries. We are committed to justice and helping our clients seek the compensation and support they deserve.
How a Bronx Brain Injury Lawyer Can Help
A New York brain injury attorney plays a pivotal role in the aftermath of a brain injury.
- A lawyer will provide skilled legal guidance and help victims pursue the comprehensive compensation they need and deserve for their suffering.
- They meticulously investigate the incident. Gathering evidence and consulting medical experts, they build a strong case to establish liability and the full impact of the injury.
- Their negotiation skills are key in securing fair settlements or, if necessary, representing clients vigorously in court.
With a dedicated lawyer championing their legal rights, victims can focus on recovery and healing.
Contact Maggiano, DiGirolamo & Lizzi Today
In the wake of a traumatic brain injury, life changes profoundly, affecting relationships, work, and daily routines. One in every 60 Americans lives with disabilities stemming from a brain injury, often due to others’ negligence. When you or a loved one faces this challenging reality, it’s crucial to have a steadfast advocate by your side.
Maggiano, DiGirolamo & Lizzi are committed to being that advocate. Our experienced Bronx brain injury lawyers are dedicated to representing those whose lives have been drastically altered by negligence. We delve deeply into each case, committed to ensuring the responsible parties are held accountable and to pursuing the compensation you deserve.
For a compassionate and powerful legal ally, contact us online or call (212) 543-1600 for a FREE consultation. Let us help you on the path to justice and recovery, providing the support and representation you need during this critical time.
