Long Island Head Injury Lawyer

If you suffered a head or traumatic brain injury on Long Island because of the carelessness or negligence of another driver, contact us today!

If you or a loved one suffered a head injury, concussion, or traumatic brain injury in a crash on Long Island, our attorneys may be able to help you seek justice and recover compensation. A head injury from a Long Island auto accident can allow you to pursue fault-based damages, including medical bills, lost income, pain and suffering, and more.

The car crash lawyers from Rosenberg & Gluck, LLP can review your legal options and next steps with you for free today. We are here to help you understand your case and what you can do to get the compensation you need and deserve. We often handle accident cases for our clients as they continue their physical recovery. Contact us today to get started.

For a free legal consultation with a head injury lawyer serving Long Island, call 516-451-7900

Long Island Head Injury Lawyer Near Me516-451-7900

Let Our Team Discuss Your Head Injury With You

At Rosenberg & Gluck, LLP, our traffic collision lawyers want to discuss the injuries you suffered on Long Island with you or a family member. We can help you understand your rights based on New York laws and the facts of your case. We began representing clients hurt in auto accidents on Long Island back in 1982. That means we have four decades of experience helping people like you get compensation and justice. Your family could be next.

Damages Recoverable in a Head Injury Car Crash Case on Long Island

When someone suffers a head injury in a collision on Long Island, it can cause significant financial and emotional stress, in addition to physical injuries.

According to the New York State Department of Health, four Level I trauma centers serve crash victims seriously hurt on Long Island:

  • Nassau University Medical Center
  • North Shore University Hospital
  • NYU Langone Hospital—Long Island
  • Stony Brook University Medical Center (including a pediatric trauma unit)

Of course, you may also receive care in New York City or another nearby area. Whatever hospital you visit, serious head trauma will likely call for ambulance transportation, assessment and treatment by the emergency department, and hospitalization. Some people will require a stay in intensive care, critical care, or a trauma unit. They may need surgery, life-support measures, and other significant care and support.

Expenses Add Up Quickly

The costs of medical care for a head injury begin to add up rapidly. For those with severe injuries, several types of therapy may be necessary. Sometimes, patients require inpatient therapy to relearn to walk, talk, eat, and manage other tasks independently.

Throughout their recovery, these auto accident victims cannot earn an income. Some may never return to their previous careers or be able to work again. Even those with moderate concussions may need several weeks off work to recover.

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Seeking Compensation for Your Auto Collision Injuries

The damages you can recover after a collision on Long Island depend on several factors.

If the law restricts you to only filing your no-fault personal injury protection (PIP) insurance, your recoverable damages would include:

  • Your medical bills and related expenses (up to policy limits)
  • A portion of your lost income (up to policy limits)
  • Certain daily expenses, such as traveling to and from the hospital

When you meet one of the exceptions to file a fault-based claim—which is possible for many people with moderate or severe head injuries—you can also pursue compensation through a liability auto insurance claim or lawsuit.

In this case, your recoverable damages could include:

  • Additional medical care expenses
  • Future and ongoing care costs
  • Additional lost income
  • Diminished earning capacity for permanent injuries
  • Pain and suffering and other non-economic damages

Our attorneys can help determine what damages you may be able to recover in your case. We develop strong support for any claims and lawsuits we file, always fighting for fair compensation for our clients. We understand that a serious head injury can affect every member of your family. You should not have to worry about your financial future during this challenging time.

Understanding Your Options for Compensation After a Head Injury Crash

An accident victim may recover damages following a collision on Long Island through:

  • Their no-fault PIP policy, which covers basic expenses and losses
  • The at-fault driver’s auto liability policy (if they qualify to file a fault-based claim)
  • A civil lawsuit against the at-fault driver (if the law allows this type of case)

Two of the first things our attorneys consider when we assess a crash case with a potential client are the severity of their injuries and the cost of their care. These two factors play a significant role in the recoverable damages in cases like these. According to the New York State Department of Financial Services, these two things also determine if you can pursue a fault-based case.

“Serious” Injuries According to New York Law

You may be able to sue the at-fault driver or recover compensation from their insurance provider if your medical expenses exceed your PIP coverage or if your injuries meet the description of serious as New York law defines.

The law deems head injuries serious if they include:

  • Fractures (including skull fractures)
  • Loss of use of a significant body part
  • Permanent, consequential limitation of a body part or function
  • The victim misses work and other activities for at least 90 of the first 180 days after a collision because of their injuries
  • Significant limitation of a body function or system

For those whose concussion is not serious enough to allow them to pursue fault-based damages, they could still potentially qualify if they have additional injuries. This is especially important in auto accident cases because there is no way to recover non-economic damages (such as pain and suffering) when the law limits you to only filing a PIP claim. You also cannot recover future medical care needs through your no-fault PIP insurer.

Pursuing a Fault-Based Claim

head injury from long island auto accidentsWhen we pursue fault-based cases, our team may call in experts or your treating doctors to help us understand your ongoing and future care needs and how much they will cost. We also estimate your income losses if you cannot return to work at your previous level (or at all). Finally, we put a price on your non-economic losses, such as pain and suffering and reduced quality of life. Then we fight for a settlement or verdict that covers all these damages.

For example, if you required hospitalization for a head injury after a rear-end crash in Nassau County, your PIP policy would likely cover the ambulance ride, medical bills, and some of the income missed while you were out of work (up to policy limits). If your injury is serious enough for a fault-based claim, you could also recover money for your ongoing rehabilitation, pain and suffering, and more.

Navigating the Legal Process After a Head Injury Crash on Long Island

Once we determine that our client can file an auto liability insurance claim or lawsuit, we thoroughly investigate the case to gather as much evidence and support as possible. This is necessary because we have to prove that the accused driver acted negligently—meaning they were careless or reckless, which caused the crash. Proving negligence is unnecessary with a no-fault claim, but essential when holding the other driver legally liable.

Investigating a traffic accident case requires our team to use the resources, knowledge, and experience only available from a firm like ours that handles these cases frequently.

Some of the tasks required to identify, collect, and analyze car accident evidence include:

  • Obtaining official records such as the accident report and medical records
  • Identifying and interviewing any crash witnesses
  • Seeking and reviewing video footage and photographs of the collision
  • Surveying the crash scene
  • Working with accident reconstruction specialists
  • Meeting with medical experts to better understand our client’s prognosis and future care needs
  • Gathering documentation of damages

Proving Negligence in Your Long Island Auto Accident Case

The goal of building a case is to show that the at-fault driver was negligent.

There are four elements of negligence required:

  • The driver had a duty to do a certain thing, usually because of traffic laws
  • They breached this duty
  • Their breach caused the collision
  • The victim suffered injuries due to the crash

Without documentation to show the insurer, judge, and jury that negligence occurred, it will be difficult to recover compensation based on an insurance claim or lawsuit against them. Our attorneys know how to show negligence in any type of crash and link it to your head injury and other damages. Developing a strong claim is the best way to recover a fair settlement or win a verdict in a car crash injury case.

Our team handles filing all your claims when we represent you in a collision case. We identify the involved insurers and send a demand letter. This letter outlines your case and evidence and demands fair compensation, including the value we believe is fair. Most insurers will not agree to pay this amount but send a counteroffer instead. And so settlement negotiations begin, where our attorneys aggressively seek a fair payout on your behalf.

Filing a Civil Lawsuit on Long Island After a Head Injury Collision

Some circumstances may require us to sue the driver who caused your collision and injuries. When this occurs, we prepare the complaint and file it in a Nassau or Suffolk County civil court, or in another New York county. The settlement negotiations may continue, but so will preparations for taking the case to trial. This includes the discovery process, where both sides gather additional evidence and build their case.

What the defense team learns during this process may lead them to increase their offer, and a settlement may become possible. If not, our attorneys are ready to take your case to mediation, arbitration, or trial. We represent our clients throughout this process and fight for their best interests. We have an extensive history of recovering compensation for our clients through both settlements and verdicts, and we will take your case to trial if necessary.

Under New York law, we usually have up to three years to begin a lawsuit on Long Island. We must file the initial complaint in the appropriate court before this deadline expires. Missing this deadline could mean losing your right to sue and recover damages through the civil court system. Certain exceptions could mean you have even less time to act, such as when the liable party is a government agency.

Contact Us About Your Long Island Auto Collision and Head Injury Today

The Rosenberg & Gluck, LLP personal injury lawyers offer free consultations for crash victims who suffer head injuries. We also work with families whose loved ones have a catastrophic TBI and may not be able to represent themselves in this type of case.

We are a contingency fee firm, which means you never pay anything upfront. You only pay an attorney’s fee if we are able to win your case.

We have team members who are ready to speak with you in English or Spanish. To get started, contact us today for your free, no-obligation consultation.

 

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"I highly recommend the firm of Rosenberg & Gluck. They were very professional. All my calls were returned promptly and my questions were answered. I was treated with respect and patience. They were a tremendous help!"

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