Brain Injury Lawyer in Westchester, NY

Understanding Brain Injuries

Brain injuries can be as serious as they sound. They can have a profound and lasting impact on a person’s life and lead to a wide range of challenges, including:

• Physical: Paralysis, sensory loss, incontinence, and loss of sexual function.
• Cognitive: Memory, attention, language, and reasoning difficulties.
• Emotional: Mood swings, depression, anxiety, and difficulty managing emotions.

These injuries can make it difficult to work, maintain relationships, and participate in daily activities. Victims often require long-term medical care and support to adjust to a new reality.

Brain injuries can occur due to a variety of causes, including:

• Jolts or Impacts: Traumatic brain injuries are often caused by a blow to the head or a sudden jolt, such as in car accidents, slips and falls, sports injuries, or assaults.
• Oxygen Deprivation: The brain can suffer damage when deprived of oxygen, which can happen during a near-drowning, cardiac arrest, or carbon monoxide poisoning.
• Tumors: These can also cause pressure and damage to the brain, impacting cognitive functions.
• Strokes: A stroke occurs when blood flow to the brain is interrupted, causing damage to brain cells.
• Medical Malpractice: Errors by medical professionals, such as incorrect medication dosages or surgical mistakes, can lead to brain injuries.

The severity of a brain injury can range from mild to severe, and the effects can be both immediate and long-lasting. It’s crucial to seek medical attention immediately if you suspect you or someone you know has suffered a brain injury.

The Types and Signs of Brain Injuries

Some common types of brain injuries include:

• Concussion: A mild traumatic brain injury that often causes temporary confusion, dizziness, and headaches
• Open Head Injury: A wound that penetrates the skull and damages the brain tissue
• Closed Head Injury: A brain injury that occurs without an open wound to the skull, often caused by a strong impact or shaking
• Direct Brain Trauma: Direct impact on the brain tissue that can cause bruising, tearing, or bleeding
• Hypoxia: A lack of oxygen to the brain, which can lead to permanent damage
• Skull Fracture: A break in the skull that may or may not involve brain injury
• Bleeding Inside Brain Tissue: Internal bleeding that can put pressure on the brain and cause damage
• Hematoma: A collection of blood that forms inside the brain, which can compress brain tissue
• Diffuse Axonal Injuries: Widespread damage to the nerve fibers within the brain — can lead to long-term cognitive and functional impairments

With such grave consequences on the line, it’s important to seek immediate medical attention if you experience any of the following after a head injury:

Immediate symptoms:

• Ringing in the ears
• Blurred vision
• Loss of consciousness
• Headaches
• Dizziness or vertigo
• Nausea and vomiting
• Confusion and decreased mental abilities
• Sensory abnormalities such as numbness or tingling

Delayed symptoms:

• Uncharacteristic mood changes
• Difficulty concentrating
• Dilation of the pupils
• Seizures or tremors
• Speech problems

If you have experienced trauma to the head and any of these symptoms, it’s necessary to seek medical attention immediately. Early diagnosis and treatment are essential for maximizing recovery and minimizing long-term complications.

Taking Action After a Brain Injury: Your Next Steps

A brain injury can be a life-altering event, requiring immediate attention and careful legal guidance. To protect yourself and your legal rights, here are the essential steps to take after a brain injury:

1. Seek Medical Attention Immediately: Seek medical attention right away if you suspect you or a loved one has suffered a brain injury.
2. Document the Accident: Gather evidence such as photos, videos, witness statements, and police reports. This helps build a strong case.
3. Contact a Lawyer: Reach out to Tomkiel & Tomkiel as soon as possible to discuss your legal rights and options. Our experienced personal injury lawyers can help navigate the complexities of a brain injury case.
4. Don’t Speak to Insurance Companies: Insurance companies may try to contact you. It’s better not to discuss the accident or your injuries with them before speaking with a lawyer.

By far, the biggest impact you can make on your recovery is to contact our team at Tomkiel & Tomkiel. 

How Our Brain Injury Attorneys Can Help

At Tomkiel & Tomkiel, we understand the unique challenges you face and are committed to fighting for your rights and securing the compensation you deserve.

Here’s how we can help:

• Experienced Advocates: Our personal injury attorneys have extensive experience handling brain injury cases, giving us a deep understanding of the issues involved.
• Comprehensive Support: We offer guidance and support throughout your case. We will explain your rights and options, ensuring you understand the process.
• Focused on Your Recovery: Your well-being is our priority. We work with skilled medical professionals to ensure you receive the care and support you need.
• Strong Negotiation Skills: We are skilled negotiators, prepared to fight for a fair settlement with insurance companies.
• Proven Track Record: We have a history of success in securing favorable outcomes for our clients.

We are dedicated to providing compassionate and aggressive legal representation to brain injury victims in Westchester County.

Brain Injury Cases We Handle

Our Westchester brain injury lawyers frequently handle cases arising from:

Car Accidents

Car accidents caused by drunk driving, distracted driving, speeding, and defective vehicles are common causes of serious head injuries. We hold negligent drivers and vehicle manufacturers accountable for their actions, seeking justice for victims.

Motorcycle Accidents

Motorcyclists are highly vulnerable in motor vehicle accidents, often suffering severe brain injuries. These accidents are particularly dangerous due to the lack of protection for riders, and victims often face significant challenges in recovering.

Truck Accidents

Accidents involving large commercial trucks can cause significant trauma, including severe brain injuries. The sheer size and weight of trucks make collisions particularly dangerous, often resulting in serious consequences for those involved.

Pedestrian Accidents

Pedestrians are vulnerable to head injuries due to their lack of protection and the forces involved in collisions. We fight for pedestrians who have been injured due to negligent drivers, seeking justice for victims who are often at the mercy of careless drivers.

Slip and Fall Accidents

Slippery surfaces, cluttered walkways, poorly lit areas, and faulty stairs can cause falls that result in serious head injuries.

Construction Accidents

Falls from heights, improper equipment use, and defective tools are major hazards that cause head injuries. Construction sites are inherently dangerous, and it is vital for employers to prioritize safety measures to protect workers.

& More

We fight for victims of brain injuries caused by a wide range of circumstances. If your specific case isn’t listed here, don’t hesitate to contact us.

You Don’t Have to Go Through a Brain Injury Alone

A brain injury can turn your world upside down, leaving you facing countless challenges. But our Westchester brain injury lawyers are dedicated to fighting for the justice and compensation you deserve!

Get a Free Case Review

Compensation for Your Losses After a Brain Injury

A brain injury can result in a range of financial and emotional burdens, including:

• Medical Expenses: We seek reimbursement for all your medical bills, including hospitalization, surgeries, rehabilitation, therapies, medications, and ongoing care.
• Lost Wages: We ensure you receive compensation for past and future lost income due to your inability to work.
• Pain and Suffering: We fight for compensation for the physical and emotional pain and suffering you have endured.
• Loss of Enjoyment of Life: We advocate for compensation for the limitations and restrictions you face in your daily life.
• Loss of Consortium: If your injury impacts your ability to participate in family life, we fight for compensation for your spouse or partner for their loss of companionship and support.

As part of our extensive experience in personal injury cases, we fight for fair compensation for all your losses.

No Fees Until You Win

At Tomkiel & Tomkiel, we believe everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis. This means that you don’t pay anything upfront to hire us. We only get paid if we successfully obtain compensation for you.

What this means is that we share the risk with you. If we don’t win your case, you owe us nothing. This ensures we are fully committed to achieving the deserved outcome for you.

During your free consultation, our attorneys will explain our fee structure in detail so you can make an informed decision without any financial pressure.

The Statute of Limitations for Brain Injury Cases

New York State’s statute of limitations for personal injury lawsuits is typically three years from the date of the injury. However, exceptions and specific circumstances can impact this timeframe, making it essential to consult with a legal professional.