Medical Malpractice

Brain Injury Lawsuits

What is a brain injury lawsuit?

brain injuryLevy Konigsberg, LLC, attorneys for traumatic brain injury in New York and New Jersey, describe this type of lawsuit as a legal case for monetary compensation to a person who has sustained a brain injury as a result of the negligence of another. The negligence involved could be related to physical trauma to the head and brain, such as in an automobile accident. Brain injuries can also result from medical malpractice or toxic exposure to dangerous chemicals, such as lead paint.

For example, Levy Konigsberg attorneys for traumatic brain injuries in the New York and New Jersey frequently handle cases where lead paint has caused severe brain damage over a period of years, resulting in large lawsuits again property owners and managers. The lawsuit begins with an investigation of the accident, medical malpractice or toxic exposure. Experts are often retained early in the investigation to reconstruct the accident, malpractice or exposure, and provide insight to exactly how the brain injury occurred. Medical records of the injured victim are obtained and reviewed in detail. Witnesses to the occurrence are often interviewed, and photographs and videotapes of the accident scene or injuries may be obtained.

Once the brain injury lawsuit begins, various materials are obtained from the defendants, and depositions (sworn question-answer sessions) are conducted of all the parties and witnesses. This entire process is called “discovery” and it can be expected to take many months. In all states, including New Jersey and New York, traumatic brain injury attorneys must be very careful to collect all relevant evidence in this crucial process. Once discovery is completed, the case is then prepared further for trial. Trials in brain injury cases usually occur in the presence of a jury, who determines factually how the accident occurred, who was at fault, and the amount of compensation awarded to the victims.

What types of brain injuries can be the basis of a brain injury lawsuit?

“Brain injury” is term that includes a number of specific situations that result in damage to the brain, including traumatic brain injury (T.B.I.) (closed head injury or open head injury), anoxic brain injury (injury due to complete lack of oxygen to the brain for any amount of time), or hypoxic brain injury (injury due to reduced oxygen to the brain). A lawsuit can be brought based on any of these types of injuries to obtain justice and compensation for these severely disabled victims of negligence. A brain injury lawsuit can be brought on behalf of an individual who is unable to handle their own legal affairs, such as comatose patients. Cases can also be commenced by the family of victims who have died as a result of brain injuries caused by the negligence of others.

What you should look for in choosing a law firm to handle a brain injury lawsuit?

These lawsuits require special skill and knowledge due to the complex medical and legal issues involved. For example, attorneys for victims of brain injury must have a deep understanding of the anatomy of the brain and the medical and psychological affects of brain injuries. Traumatic brain injury attorneys in New York and New Jersey, notably LK, must also be experienced and compassionate in handling guardianship proceedings so that the injured are represented by a capable guardian, usually a close family member, who can work with the attorneys to protect their rights. This is why it is so important to consult with the injury lawsuit specialists at Levy Konigsberg LLP. Our attorneys are experienced in all aspects of brain injury lawsuits, from appointing guardians for the victims, to investigating the mechanism of the injury, and prosecuting the case all the way through trial. We have a proven track record of exceptional monetary verdicts and settlements on behalf of brain injured clients. The brain injury lawyers at Levy Konigsberg LLP are attorneys for traumatic brain injury in the New York/New Jersey area and are committed to achieving the maximum compensation for victims with these devastating injuries.

For more information about the law firm's practice areas please contact Levy Konigsberg LLP at 1-212-605-6200 or 1-800-988-8005, 24 hours a day, 7 days a week.

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