Motor Vehicle Accidents
Other Causes of Injury
Types of Bodily Injury
The long-term consequences of a traumatic brain injury are not always obvious in the weeks and months following a serious car, truck, motorcycle or pedestrian accident. Depending on the area of the brain injured and the severity of the injury, people experiencing traumatic brain injury often suffer from memory loss, chronic headaches, loss of the senses of taste and smell, cognitive impairment, loss of dexterity, and increased risk for certain kinds of neurological disorders. As a result, people suffering from traumatic brain injury often need intense physical therapy, in-home nursing care, various kinds of medical equipment and even surgery. That’s why it’s important in traumatic brain injury cases to demand compensation proportional to the financial impact of the injuries involved.
In order to determine the cost of a brain injury, medical economists and life care planners should be consulted, as well as medical specialists who can offer an informed diagnosis of your condition and injuries. Since insurance companies will consult their own experts, it’s important to have medical experts and economists in your corner, who can provide a cost-data analysis of brain injuries and project future costs based on information maintained by HMOs and the insurance industry itself. Since the long-term consequences of traumatic brain injury often include diminished quality of life, it’s also important to consider compensation for the pain and suffering associated with devastating brain injuries.
Insurance companies are aware of the potential costs of a traumatic brain injury. That’s why they thoroughly investigate the circumstances surrounding a car, truck, bike, or construction accident that leads to brain injury. Since New York is a pure comparative negligence state, insurers realize claims can be reduced by the percentage of fault assigned in an accident. As a result, if you suffer $100,000 in losses and are judged to be 60 percent at fault, the most you can recover is $40,000. For this reason, it’s important to work with a team of personal injury attorneys who understand how to investigate accidents and counter the claims of experts testifying for the insurance company in an attempt to shift more blame onto to you, the injury victim.
Most people who suffer from a traumatic brain injury need a lifetime of care. As a result, it’s important to consider whether or not a structured settlement or special needs trust makes the most sense for you after an award or settlement has been reached. At the Long Island, New York, personal injury law office of Rosenberg & Gluck, our brain injury lawyers explain the tax issues involved and what steps must be taken to establish either a structured settlement or special needs trust.
To schedule a free consultation today to learn more about our practice and how we can help you, email Long Island personal injury lawyers or call 631-451-7900 today.

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