Garden City Brain Injury Attorney

Suffering a brain injury will change your life. You will incur substantial medical bills, you will likely not be able to work the same job as before, and you could experience a decreased quality of life. Fortunately, you may be able to seek compensation from whoever caused your injury.

If you were hurt in an accident that caused a brain injury, it’s time to explore your legal options. Turn to the dedicated attorneys of The Saul Law Firm, LLP. We serve brain injury victims in Garden City and surrounding areas, defending their right to the compensation they deserve.

A Firm That Fights for Accident Victims

You have your pick of law firms after being in an accident. When you choose The Saul Law Firm to represent you, we get to work right away on your case. We understand the value of brain injury accidents and what’s at stake for victims.

The outcome of your legal matter could have repercussions for you and your family for years to come. This fact is not lost on us, so we fight every day for those who have suffered because of someone’s negligence. Our team commits to the following for our clients:

• A free, no-obligation consultation
• You owe nothing in attorneys’ fees unless we recover
• Access to attorneys, not case managers
• Compassionate support and assistance from start to finish
• Clear communication and answers to your most important questions
• Decades of experience representing Garden City accident victims

Your Rights After a Brain Injury

If you suffered a brain injury in a car accident, you will first seek compensation through your insurance policy. Because New York is a no-fault state, your insurance will pay medical bills and lost wages up to policy limits, regardless of fault.

However, victims who suffer what the law considers to be a “serious injury” have the right to step outside of the no-fault system and sue for full compensation, including pain and suffering. Brain injuries count as serious injuries in most cases due to their detrimental impact on the victim.

You can also file a lawsuit in other scenarios that cause a brain injury, like a slip-and-fall. Construction accident victims can collect workers’ compensation but may also be able to file a claim against other parties, like the property owner. This expands their legal options.

Filing a lawsuit does not necessarily mean your case will go to trial. Most Garden City brain injury cases settle out of court through a process known as mediation. We represent victims in mediation and try to seek a fair settlement, but are not afraid to take a case to trial if necessary.

Do You Have a Case for a Brain Injury Lawsuit?

Any accident victim who has the right to file a lawsuit, including if they are able to go outside of the no-fault system, has the burden of proving the following elements:

• Duty of care: This refers to an obligation to conduct oneself without putting others at an unnecessary risk of foreseeable injury. Drivers, for example, have a duty to obey traffic laws and avoid unsafe driving.
• Breach: A breach of the duty of care occurs when, due to a negligent act or omission, or intentional or reckless behavior, a party fails to act responsibly. Driving while intoxicated is an example of a breach.
• Causation: Next, the victim must show that the breach directly caused the accident leading to their brain injury. This is sometimes more complicated when multiple parties are involved.
• Damages: Finally, the victim has to prove the nature and amount of their damages. These include reasonably estimated future losses they are likely to incur due to their brain injury.

Common Causes of Brain Injury Accidents in Garden City

Understanding why and how accidents causing brain injury occur can help you make the strongest possible case for damages. These are some of the most common causes:

• Car and truck accidents: Any accident involving a motor vehicle runs a high risk of causing a brain injury. This is especially true if the crash involves a truck, due to its size and weight.
• Motorcycle accidents: A motorcycle rider is at an even greater risk of serious injury due to the absence of a protective steel frame. While a helmet can lessen the severity of the brain injury, it may not prevent it.
• Slips and falls: A slip and fall can happen virtually anywhere, but commonly occurs due to snow, ice, and spilled liquids. Victims are likely to suffer a TBI and other debilitating injuries.
• Construction accidents: Falling objects, equipment and machinery malfunctions, and falls from scaffolding also risk a brain injury. As mentioned above, the victim may have a third-party personal injury claim in addition to workers’ comp.
• Negligent security: If a bar, nightclub, hotel, or other establishment has poor security, someone could come onto the property and assault the victim, leaving them with a brain injury. The victim may then have a premises liability lawsuit against the property owner.
• Sports accidents: Suffering a serious accident in a sporting event can also leave someone with permanent brain injury. The organizer of the event, among other parties, may be liable.

Steps You Should Take After Suffering an Accident

The steps you take immediately after an accident could make a difference in how severe your brain injury is. They will also affect your legal rights. We recommend that all accident victims do the following:

• Call 911 to report the accident: Get immediate medical assistance and ask for law enforcement to come generate an accident report. This report will prove important for establishing basic facts about the accident.
• Get medical attention: Even if you think you only suffered minor injuries, let a doctor make that call. Brain injury symptoms do not always appear right away. Failure to see a doctor could harm your health and allow the at-fault party to blame you for aggravating your own injuries.
• Document the accident scene: Take pictures, record videos, and get the names and contact information of any eyewitnesses. Make your own personal notes about the accident as well.
• Limit what you say: Do not admit fault or apologize for the accident, even if you believe you were partially to blame for it. Never give a recorded statement to any insurance companies either, since they may use your own words against you later.
• Contact a Garden City personal injury attorney: Reach out to a knowledgeable lawyer at your earliest convenience. Your lawyer can help you seek compensation by way of an insurance claim or lawsuit.

How We Represent You

We believe that an accident is a momentous event in a person’s life, and the outcome could have consequences for their health, finances, and overall well-being for many years. When you hire us, we get to work by:

• Investigating the accident and how it happened
• Identifying all parties that may be held liable for your brain injury
• Obtaining evidence related to the at-fault parties’ negligence
• Determining a fair value for your past, present, and future damages
• Consulting expert witnesses who can strengthen your claim
• Negotiating with the at-fault parties’ insurance companies
• Representing you in mediation to seek a settlement, if possible
• Taking your case to trial if necessary

Throughout the process we will represent you with the professionalism and compassion you deserve. Although we always seek a settlement where possible, we will prepare for trial at all times. That’s the level of comprehensive legal service you can count on.

Contact Our Garden City Brain Injury Attorney

We understand the significant effects that a brain injury will have on a person’s life. That’s why we get to work fighting for the compensation that victims need to move forward. Call now for a free consultation with our Garden City personal injury attorney.

Frequently Asked Questions About New York Brain Injury Cases

Is there a deadline to file a lawsuit?

New York sets a deadline on filing a personal injury lawsuit, including for a brain injury. In most cases, victims have only three years from the date of the accident. This deadline is known as the statute of limitations, and filing outside of it will result in the court dismissing your lawsuit.

While three years may sound like a long time, evidence can be lost and memories can fade if you wait too long. You should take action much sooner than the three-year deadline. You should also know that there is less time for lawsuits that are filed against government entities or municipalities.

What types of damages are available for brain injury cases?

Damages vary based on the severity of the brain injury and its impact on the victim. They generally include past and present medical bills, rehabilitation, past and present lost income, pain and suffering, decreased quality of life, and more.

We work hard to identify all damages to which our clients are entitled under the law, including reasonably projected future ones. Then we get to work seeking the maximum amount of compensation available.

How much is my claim worth?

Although there is no universal dollar value for brain injury cases, the amount of potential compensation is often significant due to the medical bills, lost ability to work, and impact on quality of life. Other factors that may impact the value of your claim include:

• How many parties were at fault
• Insurance policy limits
• The strength of your evidence
• The willingness of the parties to settle
• The experience of your legal counsel

How much does it cost to hire your firm?

We represent brain injury victims in Garden City and elsewhere in New York on a contingency fee basis. This means you pay nothing upfront and owe nothing unless we win or settle your case in your favor.