Westbury Traumatic Brain Injury Lawyer
The severity of a traumatic brain injury (TBI) could be life-altering for a victim and their family. A variety of accidents could cause severe head trauma, but if another person’s negligence led to your injuries, they should be held responsible for their reckless actions.
Pursuing legal recovery for a traumatic brain injury can be challenging. Between deadlines and negotiations, the path to relief may involve many obstacles. An experienced Westbury traumatic brain injury lawyer could help you face these challenges. As a catastrophic injury attorney, they can keep you informed of your legal options and can handle the weight of your case while you focus on recovery.
Intentional Torts and TBI Lawsuits
A tort is any action which causes unintentional harm and creates civil liability. An intentional tort occurs when someone purposefully commits a wrongful act and subsequently brings harm to another person. Example of intentional torts include assault, battery, infliction of emotional distress, and false imprisonment.
It is important to note that a defendant could be held civilly and criminally liable for the same action. For instance, a traumatic brain injury victim can pursue a defendant for personal damages while they face criminal charges brought by the state.
Even though both lawsuits would be for the same incident, an injured plaintiff may cite a defendant’s criminal conviction as evidence of their negligence. A Westbury severe head trauma attorney could help a claimant collect evidence to support their claim against responsible parties.
Establishing Negligence in a Head Trauma Case
Unintentional torts frequently result from a person causing harm to another by acting unreasonably and carelessly under the circumstances. The core elements of negligence are establishing duty, breach, causation, and harm.
An injured claimant must show that another party had and breached a duty of care and caused their losses as a result. A Westbury TBI lawyer could help an injured person prove these elements of negligence in court to obtain fair compensation.
Recoverable Damages for Traumatic Brain Injuries
People who suffer from traumatic brain injuries can file a civil lawsuit to recover compensation for their losses. The statute of limitations for filing a claim is three years from the date of the injury, according to New York Civil Practice Law and Rules §214.
Plaintiffs may seek economic, non-economic, and punitive damages for their injuries. Economic damages may include medical costs or out-of-pocket expenses and can be proven with documentation. Non-economic damages are more difficult to measure and may include pain and suffering as well as emotional anguish.
The courts award punitive damages less frequently. The primary purpose of punitive damages is to punish a defendant for conduct that was willfully negligent or reckless.
Call a Westbury Traumatic Brain Injury Attorney Today
You do not have to be alone in your recovery efforts after sustaining a TBI. Seeking the guidance and support from a Westbury traumatic brain injury lawyer could help you maximize your awarded damages and give you the peace of mind while you focus on recovery. Get started on your case today by calling now.