New York Brain Injury Lawyers

How common are traumatic brain injuries in the United States?

Brain injuries are at epidemic levels in the United States, and are a public health emergency.

• On average, one individual in the United States suffers a brain injury every 9 seconds
• In 1999, the CDC reported that over 5.3 million Americans were living with a long term disability caused by brain injury. 24 years later, this figure is likely to be much higher.
• In 2018 there were more than 223,000 TBI related hospitalizations in the United States.
• Brain injury is the leading cause of death and disability in children and adolescents in the United States.

In a recent study conducted by the CDC, 27 percent of adults reported having sustained a concussion in their lifetime.

And concussions are brain injuries. There is no such thing as a mild concussion.

What are the most common causes of traumatic brain injuries in the United States?

According to the CDC, falls are the leading cause of traumatic brain injury in the United States, accounting for 47% of documented cases.

Other common causes of TBI include:

• Blunt impacts (e.g. being struck by or against a moving or stationary object) – 15%
• Vehicle accidents – 14%
• Self harm and assaults – 10%

De Caro and Kaplen can assist in all traumatic brain injury cases, that are a result of another’s negligence.

What are the most common signs and symptoms of traumatic brain injury?

Traumatic brain injury is often referred to as “the invisible injury”, since signs and symptoms may not always be apparent to an outside observer.

Additionally, individuals with a brain injury may find it difficult to communicate how they feel.

But while recognizing not all of these may be clear and obvious in isolation, some of the most common signs and symptoms of a TBI include:

• Chronic low-grade headaches
• Having trouble remembering, concentrating, and solving problems
• Difficulty with reading and/or writing
• Vision changes or hallucinations
• Changes in sexual drive or function
• Mood changes; feelings of sadness, irritability, anxiety
• Slurred speech or loss of ability to speak
• Poor control of voluntary movements
• Difficulty recognizing faces and visually locating objects
• Unusually aggressive behavior
• Difficulty with hand-eye coordination, impaired spatial orientation
• Impaired gross and fine motor coordination
• Tremors, dizziness, and nausea

How long does it take to recover from a traumatic brain injury?

Every brain injury is unique. Which means recovery will vary from injury-to-injury and person-to-person.

And while some may refer to a concussion as a “mild brain injury”, we do not. There is no such thing as a mild brain injury.

Indeed, the medical profession continues to classify TBI cases as “mild”, “moderate”, or “severe” (terms derived from the Glasgow coma scale) – an outdated and inappropriate way of categorizing an injury that can vary wildly in severity and outcome. There have been recent calls to improve this classification, but progress is frustratingly slow.

It is therefore critical that you, your family member, or your loved one receive the appropriate, ongoing care (both medical, financial and otherwise) for your specific needs.

And costs can quickly mount up. Which is why, when a third party is responsible for your injury, you should retain a specialist brain injury lawyer to ensure you receive all compensation you are entitled to.

Is there a time limit for filing a brain injury case?

The time limit for filing your brain injury case in New York State will depend on the cause of your injury.

You can refer to the Statute of Limitations on nycourts.gov here.

Further Reading

• How is a traumatic brain injury diganosed?
• How to treat a brain injury
• How does a brain injury affect daily life?
• Best legal representation for Brain Injury Survivors
• Strategies for effective communication with your doctor
• What your personal injury lawyer must know about "mild" traumatic brain injury