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
$900,000 - Motor Vehicle Accident
To the estate of 26 year old Chinese exchange student in country for 4 years struck while crossing street in front of college while in crosswalk. Argument was that decedent suffered pre impact terror and likely realized she was about to be struck and killed.
$1,478,000 - Tractor Trailer Accident
To a 41 year old police officer injured off duty in his own parked car when a tractor trailer hit the officer’s open driver’s side door, forcing the car up onto the sidewalk.
$600,000 - Unsafe Product
In 2003 to a truck driver suffering injuries when he lost his footing climbing from a truck ladder which was defectively designed resulting in multiple injuries precluding him from working as a trucker and suffering life time wage impairment.
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.
Stefanie/Mike: can’t express in words my gratitude. Thank you both for all the hard work and Mike, you’re simply the best!
I cannot express how grateful and pleased I am to have had Christopher DiGirolamo and his paralegal Christine Carrino represent me in connection with my personal injury action.
What had happened to me was an event that was about to completely change my life.
Initially I was unable to go to the offices of Maggiano, DiGirolamo & Lizzi because of my injuries. I had been hit by a motor vehicle while walking in a crosswalk. Christopher came to me. He offered not only expert legal advice but helped significantly with other things like obtaining police reports, how to handle telephone calls, photographing the scene and even advice about warding off “adjusters” who came knocking on my door. Most importantly, Christopher listened. His compassion, knowledge and understanding cannot be overstated.
I, as a lawyer with medical knowledge who needed a lawyer, would consider myself to be somewhat of a challenging client. Christopher took all this in stride and was fearless in offering guidance and advice when I was having difficulty looking at things objectively. Christopher allayed my anxieties and made me feel better each and every time we spoke. He put things in perspective for me while at the same time, not sugar coating the difficult days ahead that were in store for me, both physically and throughout the legal proceedings. Christopher asked me about my preferences and my choices. He was always interested in my ideas and my point of view. Christopher balanced my convictions with his undeniable objectivity and expertise.
Throughout the protracted course of discovery and pre-trial conferences, Christopher went out of his way to communicate with me and keep me informed. When Christopher was in court we engaged in many real time texting sessions. He respected my decisions about strategy and was constant in upholding his integrity. With Christopher’s tenacity and wit, the case was ultimately resolved without trial.
Christopher and the law firm of Maggiano, DiGirolamo & Lizzi, P.C. made every effort to accommodate me in whatever way they could. I offer my thanks and gratitude.
Michael Maggiano is one of the hardest working, ethical attorneys that you can have represent you. When I was going through my injury, emotional pain and suffering, the last thing I wanted to think about was who would be the right lawyer who is caring and understanding of my situation. Well Michael was there every step of the way. Through his guidance, support and legal advice, somehow he got me through this ordeal. If I have to rate Michael between 0 to 10, he is definitely a 12! Believe it or not, if you call Michael on his telephone, he will call you back the same day or night to try to help you with your concerns and questions. Why? BECAUSE HE CARES
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.
