1. Can I file a lawsuit if I suffered a traumatic brain injury (TBI) in an accident?

Yes, if your traumatic brain injury was caused by someone else's negligence, you may be eligible to file a lawsuit to seek compensation. This could include accidents such as car crashes, slip and falls, workplace incidents, or assaults. A legal professional can help evaluate your case and determine your eligibility to pursue legal action for your injuries and any associated losses.

2. How do I know if my brain injury is serious enough to file a lawsuit?

Traumatic brain injuries vary in severity, from mild concussions to more severe impairments that affect daily life. If you experience ongoing symptoms like memory loss, cognitive difficulties, or physical limitations, your injury may warrant legal action. Medical documentation from healthcare professionals outlining the impact of your injury will be key in establishing the severity of your TBI for a lawsuit.

3. What kind of compensation can I receive for a traumatic brain injury?

In a TBI lawsuit, you may be able to recover compensation for medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, rehabilitation costs, and emotional distress. In some cases, you may also be awarded damages for long-term care or support if your injury leads to permanent disability or affects your ability to live independently.

4. How long do I have to file a claim for a traumatic brain injury?

The statute of limitations for filing a traumatic brain injury lawsuit varies by state, but in New York, the general time limit is three years from the date of the accident. However, it’s important to consult with a lawyer as soon as possible to avoid missing the deadline, as certain cases involving government entities or special circumstances may have shorter deadlines.

5. Will my TBI case require going to court?

Not all TBI cases go to court. Many are settled through negotiations with the responsible party's insurance company before a trial is necessary. However, if a fair settlement cannot be reached, your lawyer may recommend taking the case to court to pursue the compensation you deserve. The decision will depend on the strength of the evidence and the willingness of the other side to settle.