Brain Injury

New York Brain Injury Attorney

The long-term effects of a brain injury must be considered when determining the damages owed to a person who sustained head trauma in an accident caused by someone's carelessness. In cases where brain damage or a serious concussion is involved, memory loss and cognitive impairment later in life can lead to disability.

Brain injuries can cause cognitive impairment such as an inability or decreased ability to concentrate, remember things, make decisions, organize thoughts, and perform routine daily activities. Cognitive injuries can best be compared to an electrical wiring problem - such as a short circuit in an isolated area of the brain -which is often difficult to find and more difficult to quantify.

At the law office of Tolmage, Peskin, Harris, Falick, our New York brain injury lawyers consult experienced neurologists, psychologists, and other medical experts in determining the scope and impact of a brain injury. We take into consideration the need for surgery, in-home nursing care, and rehabilitative services. In consultation with medical economists and life care planners, our lawyers quantify costs associated with future medical care, special education needs, and lost wages.

If you or a family member has sustained a serious brain injury in an accident, contact the NY City brain injury attorneys at Tolmage, Peskin, Harris, Falick today to schedule a free consultation to learn how we can help you.

The Importance of Accurate Diagnosis and Treatment of Brain Injuries

At our New York City law office, our lawyers are in a brain injury case for the long haul. Our New York brain injury lawyers do not settle cases before the full extent of an injury is known. We work with our clients and their families to help them obtain the most comprehensive and up-to-date testing possible following a head injury. Accurate diagnosis and assessment of a brain injury is crucial to proving the physical, financial, and emotional losses caused by the injury.

Sometimes, the extent of brain damage is not immediately apparent after an accident. Many closed head injuries, which were initially thought to be simply a concussion, develop into long-term brain injury. In order to obtain a proper diagnosis, head injuries require a complete neurological examination and extensive follow-up. A one-shot examination often results in an incorrect diagnosis. Because a brain injury will not necessarily show up on a MRI or CAT scan, sophisticated tests such as P.E.T. scans and brain mapping are sometimes required to accurately diagnosis the injury. These test results must then be correlated with the results of neuropsychological testing in order to make a definitive diagnosis.

Accidents and Brain Injuries

The law office of Tolmage, Peskin, Harris, Falick represents clients with brain injury caused by all types of accidents, including the following:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Pedestrian knockdowns
  • Boating accidents
  • Construction accidents
  • Birth injury
  • Surgical errors
  • Heavy metal exposure

NY City Brain Damage Lawyer

According to the International Conference on Concussion in Sports, children and teens require different treatment for concussions, head trauma and brain injuries than adults. The guidelines, published in the British Journal of Sports Medicine, say children and teens must be strictly monitored and activities restricted. After a concussion: no return to the field of play, no return to school and no cognitive activity - until fully healed. "These recommendations mark the first time that international experts have focused on specialized treatment for kids," said Dr. Gerard Gioia of the Children's National Medical Center in Washington, D.C. "This conference of experts has led the way in developing protocols for adult athletes, and now international protocols take into consideration that the developing brain of the child and adolescent requires special consideration." In light of the care required by children with concussions, brain trauma and head injury, it is recommended:

  • No child or adolescent athlete should ever return to play on the same day of an injury, regardless of level of athletic performance.
  • Children and adolescents may need a longer period of full rest and then gradual return to normal activities than adults.
  • For children, "cognitive rest" is a key to recovery. While restrictions on physical activity are also important, cognitive rest must be carefully adhered to, including limits on cognitive stressors such as academic activities and at-home/social activities including text messaging, video games and television watching.

Establishing Liability in Brain Injury Accidents

While each case is different, it's not unusual for negligent drivers, doctors, employers, or property owners to deny responsibility for an accident that injures others. Consequently, it may be necessary to investigate the circumstances involved in an accident in order to establish who was at fault and who is liable for serious brain damage.

At Tolmage, Peskin, Harris, Falick, our NY City brain damage attorneys work with accident investigators, safety experts, toxicologists, design engineers, and other professionals in determining the cause of an accident. We have the resources needed to counter claims by expert witnesses testifying on behalf of insurers and their doctors.

Securing the Future of a Brain Injury Victim

Brain injuries - especially involving young children - create the need for future care. Our attorneys can assist you in exploring the creation of a special needs trust with any proceeds from an award or settlement in your case. Establishing a special needs trust can help you or your loved one qualify for Medicaid without having to spend down assets. Additionally, depending on how the trust is structured in relation to other estate planning tools, it may be possible to protect all or most of the assets involved from certain kinds of taxes.

If you or a loved one has suffered a brain injury or spinal cord injury, contact the NYC brain injury lawyers at Tolmage, Peskin, Harris, Falick. Or, if you prefer, please call us toll free at 877.298.3201 to discuss your case.