Brain Injury

New York Brain Injury Attorney

The long-term effects of a brain injury must be considered when determining the damages owed to someone who suffered head trauma in an accident caused by another'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 suffered a serious brain injury in an accident, contact the New York 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 are 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 that were initially thought to be simply a concussion develop into long-term brain injury. To obtain a proper diagnosis, head injuries require a complete neurological examination and extensive follow-up. A single examination often results in an incorrect diagnosis. Because a brain injury will not necessarily show up on an MRI or CAT scan, sophisticated tests such as PET scans and brain mapping are sometimes required to accurately diagnose the injury. These test results must then be correlated with the results of neuropsychological testing to make a definitive diagnosis.

Accidents And Brain Injuries

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

NYC 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 do. The guidelines, published in the British Journal of Sports Medicine, say children and teens must be strictly monitored and activities restricted. After a concussion, there is to be no return to the field of play, no return to school and no cognitive activity until the child is 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 that:

  • 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 than adults do and then gradual return to normal activities.
  • 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 of an accident to establish who was at fault and who is liable for serious brain damage.

At Tolmage, Peskin, Harris, Falick, our New York 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 Brain Injury Victims

Brain injuries - especially involving young children - often require 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.

Call Our New York City Law Firm

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. If you prefer, please call us toll free at 866-502-9091 to discuss your case.

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