NEW YORK BRAIN INJURY LAWYER

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New York Traumatic Brain Injury Lawyer

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Sameer Chopra

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Sameer Chopra is a founding partner at our firm and a successful trial lawyer with 17 years of experience standing up to large corporations, government entities, and wealthy landlords on behalf of injured individuals. He is a true New Yorker and recognized as one of the Nation’s Top One Percent of attorneys by the National Association of Distinguished Counsel.

He was recognized as a Super Lawyer Rising Star from 2017-2019 and then became a Super Lawyer from 2020 to present. He was also recognized as the 2021 Attorney of the Year by Top 100 Lawyers and was selected by Top Attorneys in North America as a distinguished Exclusive Presidents Circle Attorney for his continued excellence within the legal community. Sameer has recovered hundreds of millions of dollars in settlements and verdicts, including significant verdicts against the City of New York and/or their affiliated agencies, and independent insurance carriers.

Content Last Updated: November 5, 2024

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A traumatic brain injury (TBI) can have serious and irreversible consequences on a person’s life. Brain injury victims may lose the ability to support their families or participate in activities they once loved. They’ll likely have expensive medical bills and face lengthy treatments that take a financial, physical, and emotional toll. These are often considered catastrophic injuries.

If another person’s negligence or recklessness caused your loved one’s TBI, it’s crucial to work with an experienced New York traumatic brain injury lawyer who has the skills and resources needed to demand the compensation you deserve.

With decades of combined experience, the local attorneys at Chopra & Nocerino can help you take legal action while ensuring your family is supported during this difficult time. Call (855) NYC-HURT to contact us online to schedule your free consultation today.

How Our Personal Injury Law Firm Helps Victims of Traumatic Brain Injuries

When seeking legal representation in New York for a TBI, you need a trusted lawyer to stand up to unfair insurance companies while offering support and guidance. Our attorneys are real New Yorkers who care about our community and never back down from a legal fight.

Passionate Advocacy

Our legal team is passionate about justice and commits all our resources to helping our clients and their families. Our comprehensive legal services include the following:

Compassionate support and legal advice throughout the claims process.
Assistance in finding quality medical care and scheduling doctor appointments.
In-depth investigations to collect evidence and build your case.
Expert negotiations with insurance companies for a fair settlement.
Aggressive trial representation if we need to take your case to court.
No upfront attorney fees or out-of-pocket expenses for our legal services.

We help brain injury victims throughout New York City’s five boroughs and the surrounding area. Contact us today to discuss your case and how we can help in a free consultation.

Our Attorneys Are Widely Recognized

Our award-winning New York personal injury attorneys have been recognized by some of the most respected publications and organizations in the legal field, including:

Forbes Advisor – Featured Partner in NYC for top legal qualifications and client service
Top Verdict – Top personal injury and motor vehicle accident settlements in New York (2020-2022)
Expertise.com – Best Truck Accident and Car Accident Lawyers in NYC and Levittown
Super Lawyers – Alex Nocerino & Sameer Chopra as Super Lawyers; Sameer Chopra & Christine Duchatellier as Rising Stars
National Association of Distinguished Counsel – Sameer Chopra in the Top 1% of attorneys

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Traumatic Brain Injury Examples

A traumatic brain injury includes any type of injury to the brain that is caused by blunt force to the head. These injuries can range from mild to severe, with temporary or life-long consequences. Below are some examples of brain injuries that may lead to a legal claim for compensation:

Concussion (Mild TBI)

Concussions are the most common type of traumatic brain injury. They happen when a sudden jolt causes the brain to forcefully move back and forth within the skull.

Often, people experience concussions after being struck by another vehicle while driving. Suppose a driver caused the accident because they were texting and failed to see the car in front of them. In New York, the TBI victim can sue for compensation if they suffered a “serious bodily injury” or economic losses exceeding $50,000.

Skull Fracture

It’s possible to suffer a skull fracture after a major blow to the head or a serious fall. For example, suppose a person shopping at a store slips on spilled water. They hit their head on the tiled floor, causing a skull fracture and long-term health complications. If the store owner did not have a conspicuously placed hazard sign, the person who fell may take legal action to recover damages.

Diffuse Axonal Injury

A diffuse axonal injury (DAI) is a devastating type of TBI that often leads to motor and cognitive disabilities, coma, or even death. They occur when a forceful motion to the head causes connective fibers to tear in the brain as it shifts or twists within the skull.

DAI is commonly caused by “shaken baby syndrome,” a serious form of abuse. If a caretaker or childcare facility fails to protect a baby and the child suffers a DAI, their parents may seek justice, accountability, and compensation through a lawsuit.

Contusion (Bruising)

A cerebral contusion refers to bruising, bleeding, and swelling around the area of the brain that was hit. It’s common for athletes to experience contusions from sports injuries.

For example, a hockey player can suffer from a brain contusion after being struck by a hockey stick when the player’s helmet does not function as expected. If faulty helmet design caused the player’s TBI, they may be able to recover damages through a product liability lawsuit.

Hemorrhage

A brain hemorrhage happens when there is bleeding between the brain and the skull or within the brain tissue itself. For instance, a motorcyclist without a helmet may experience a TBI that leads to a subdural hemorrhage after an accident. They can seek compensation for medical bills and other losses if another driver was at fault for the crash.

Cerebral Hypoxia

Cerebral hypoxia refers to a condition when the brain does not get enough oxygen. While it’s typically associated with choking, drowning, or cardiac arrest, any situation that limits blood flow to the brain can cause this type of TBI.

Infants may be diagnosed with hypoxic-ischemic encephalopathy (HIE) because there was a lack of oxygen to the brain during labor or delivery. If the doctor made mistakes or failed to recognize the baby was in distress, the parents may have grounds to bring a medical malpractice claim.

FAQs About Brain Injury Lawsuits

The time following a traumatic brain injury can be confusing and overwhelming for families. These frequently asked questions and answers about TBI lawsuits can help you navigate your next steps.

1. How Do I Know If I Have a Personal Injury Claim?

Most traumatic brain injury lawsuits require proving the four elements of negligence, including:

Duty – You must show that the responsible party had a legal duty of reasonable care.
Breach of duty – Next, you need to prove that the person failed to fulfill their duty.
Causation – There must be a connection between the breach of duty and your injury.
Damages – Your injury must cause compensable damages, such as medical bills, lost wages, pain, and suffering.

However, the legal theory underpinning your claim may vary based on the facts of your case. Speak with our New York traumatic brain injury attorneys to see if you have a viable claim. We will gather all available evidence to put you in the best position to recover damages.

2. What Costs Does a TBI Settlement Typically Cover?

Among other things, a brain injury settlement or verdict may include compensation for economic and non-economic damages like:

Past and future medical bills
Lost wages
Lowered earning capacity
Pain and suffering
Emotional distress
Loss of consortium
Loss of enjoyment of life

TBIs are often considered catastrophic injuries and can affect a person’s long-term ability to care for themselves or earn a living. Compensation is normally higher in these scenarios. Our New York traumatic brain injury lawyers can evaluate your claim and determine what your case may be worth.

3. Important Deadlines in a TBI Lawsuit?

The New York statute of limitations for personal injury claims, including most TBI lawsuits, is normally three years from the date of injury. Though the deadline may be shorter or longer depending on the facts of your case, missing the correct deadline will result in your claim being dismissed in court. To avoid this, you should consult with a skilled attorney as soon as possible after your injury.

4. How Much Does It Cost To Hire a Lawyer for Traumatic Brain Injury?

Our New York traumatic brain injury lawyers work on a contingency basis, meaning we charge no upfront fees for our services. We only get paid if we recover compensation through your claim. We also offer consultations at no cost to ensure you know your legal rights and options without taking on a financial burden.

What Are the Most Common Causes of TBIs?

Any blunt trauma to the head can lead to a TBI. Common causes include:

Motor vehicle accidents
Slip and falls
Sporting injuries
Assault or violence
Explosions

Consult Our New York Traumatic Injury Attorneys Today

If you or a loved one suffered a brain injury after an accident, you are not alone. Our traumatic brain injury lawyers are ready to fight for your rights and power through the nonsense to secure the best results possible for your case. We have secured hundreds of millions in verdicts and settlements for our clients and can help you demand full and fair compensation for your losses.

Call (855) NYC-HURT or contact us online to schedule a free consultation with our team. When you do, you will quickly see why we’re unlike any other law firm out there. Para servir mejor a todos los miembros de nuestra comunidad, ofrecemos servicios en español.

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