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James C. Freeman

Attorney at Law
(914) 948-4700

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Seeking justice for your injury? Contact us now for a free consultation and let’s discuss how we can help you secure the compensation you deserve.

    Brain Injury

    Lawyer for Brain Injury in White Plains, New York 

        What is a Traumatic Brain Injury 

        Types of TB

            Penetrating TBI (Open TBI)
            Non-Penetrating TBI (Closed Head Injury or Blunt TBI)

        Impact on Brain Function 

            Temporary or Short-Term Problems
            Permanent and Severe Disability
            Long-Term Consequence

        What Causes Brain Injury? 

            Common Causes of Brain Injuries

        Legal Concept of Negligence 

        What are the Symptoms of a Traumatic Brain Injury?

            Immediate Symptoms
            Severe Symptoms
            Long-Term Symptoms

        Chronic Traumatic Encephalopathy (CTE) 

        Fighting for the Compensation You Deserve 

           Economic Damages
           Non-Economic Damages

        Do You Have a Valid Lawsuit?

           Duty of Care
           Violation of Duty
           Injury/Damages

        Contact Us for Brain Injury Today 

        How Long Do You Have to Sue After a Brain Injury in White Plains? 

        Understanding the Statute of Limitations 

            Consequences of Missing the Deadline

        Who Could Be Held Liable for Causing a Brain Injury in White Plains? 

           Negligent Individuals
           Businesses and Employers
           Medical Providers
           Manufacturers
           Government Entities

       How Kent Hazzard & Freeman Investigates a Brain Injury

           Gathering Evidence
           Identifying Liable Parties
           Expert Analysis

       Evidence We Use in Brain Injury Cases 

           Black Box Data
           Medical Records
           Witness Statements
           Expert Testimony

       Get Your Free Consultation Today 

       Why Work with Kent Hazzard & Freeman? 

       Frequently Asked Questions 

    Lawyer for Brain Injury in White Plains, New York

    Brain injuries can occur anytime there is a physical impact to the head, but they often remain undetected immediately after an incident. For example, following a car accident, a victim may feel perfectly fine at first, exhibiting no visible symptoms of brain damage. It may take days or even weeks for signs to appear, prompting a visit to the doctor.

    What is a Traumatic Brain Injury?

    A traumatic brain injury (TBI) refers to a brain injury that is caused by an outside force. TBI can be caused by a forceful bump, blow, or jolt to the head or body, or from an object entering the brain. Not all blows or jolts to the head result in TBI, but when they do, the consequences can be severe.

    Types of TBI

    Traumatic brain injuries (TBIs) can be categorized into two broad types: penetrating and non-penetrating. Each type has distinct characteristics and consequences.

    Penetrating TBI (Open TBI)

    Penetrating TBI, also known as open TBI, occurs when an object pierces the skull and enters the brain tissue. Here are some key aspects of penetrating TBI:

    • Cause: Penetrating TBI is typically caused by objects that breach the skull, such as bullets, shrapnel, bone fragments, or other sharp objects. These injuries are often seen in cases of gunshot wounds, stabbings, or explosions where shrapnel penetrates the skull.
    • Mechanism of Injury: The injury is caused both by the velocity of the object and its destruction of the brain tissue with which it comes into contact. Additionally, the shock wave and rotational forces from the penetrating object can stretch and bend brain tissue, leading to further damage.
    • Brain Damage: Penetrating TBI usually damages only a specific part of the brain, depending on the location and depth of the wound. The harm can be localized to the area where the object entered, but it can also cause secondary damage due to bleeding, swelling, and metabolic changes in the surrounding brain tissue.
    • Evaluation and Treatment: These injuries are often evaluated with CT scans or X-rays to assess the extent of the damage. Surgery may be necessary to remove the object, repair damaged tissue, and manage intracranial pressure. IV fluids are administered to maintain high blood oxygen levels, and patients are closely monitored for any signs of complications.
    • Prognosis: The severity of brain damage in penetrating TBI is often associated with the velocity of the object. Higher-velocity objects tend to cause more severe injuries and poorer prognoses. These injuries are serious medical emergencies that can lead to death or permanent disability.

    Non-Penetrating TBI (Closed Head Injury or Blunt TBI)

    Non-penetrating TBI, also known as closed head injury or blunt TBI, occurs when an external force is strong enough to move the brain within the skull but does not involve an object penetrating the skull. Here are some key aspects of non-penetrating TBI:

    • Cause: Non-penetrating TBI can be caused by various external forces, including falls, motor vehicle crashes, sports injuries, blast injuries, or being struck by an object. These injuries are common in everyday accidents and can result from sudden deceleration or acceleration of the head.
    • Mechanism of Injury: The injury occurs when the brain is forcefully moved within the skull, which can cause damage through several mechanisms. This includes the brain hitting the inside of the skull, leading to bruising (contusions), bleeding (hematomas), and tearing of nerve fibers (diffuse axonal injury). The force can also cause rotational forces that stretch and bend brain tissue.
    • Brain Damage: Non-penetrating TBI can result in either focal or diffuse brain damage. Focal injuries are confined to a specific area of the brain, such as contusions or hematomas, while diffuse injuries affect a more widespread area, such as diffuse axonal injury or cerebral edema. The type and extent of the damage depend on the force and nature of the impact.
    • Evaluation and Treatment: Diagnosis involves a physical examination, neurologic evaluation, and imaging tests like CT scans or MRI to assess the extent of the injury. Treatments may include surgery to relieve pressure, manage bleeding, or repair damaged tissue. Medications may be prescribed to manage symptoms, prevent complications, and support recovery. Rehabilitation therapies such as physical, occupational, speech, and cognitive therapies are often necessary to help patients regain lost functions.
    • Prognosis: The prognosis for non-penetrating TBI varies widely depending on the severity of the injury. Mild TBIs, such as concussions, may have a good recovery prognosis, while more severe injuries can lead to long-term cognitive, emotional, and physical disabilities. Secondary brain injuries, which can occur hours or days after the initial trauma, can significantly impact the overall outcome.

    Impact on Brain Function

    Traumatic Brain Injury (TBI) can have a profound impact on brain function, affecting various aspects of an individual’s life. Here is a detailed explanation of the potential effects of TBI on brain function:

    Temporary or Short-Term Problems

    TBI can cause temporary or short-term problems with brain function, including issues with:

    • Thinking and Understanding: TBI can affect cognitive functions such as attention, concentration, information processing, and memory. Individuals may experience difficulty paying attention, staying focused, or switching between tasks. They might also have trouble understanding and following instructions, learning new information, and remembering recent events.
    • Movement: Physical symptoms can include weakness, numbness, or paralysis in different parts of the body. Coordination and balance may be affected, leading to difficulties with walking, balance, and other physical activities.
    • Communication: TBI can impact communication skills, making it difficult for individuals to express their thoughts or ideas clearly. They may struggle with finding the right words, understanding others, reading, writing, and explaining their feelings or thoughts.
    • Behavior and Emotional Regulation: Behavioral and emotional difficulties are common after TBI. Individuals may experience mood swings, irritability, aggression, restlessness, and changes in personality. These changes can be direct results of brain tissue damage, especially in the frontal lobe, which controls emotion and behavior.

    Permanent and Severe Disability

    More serious TBI can lead to severe and permanent disability, significantly impacting the individual’s quality of life.

    • Focal vs. Diffuse Injury: The damage can be confined to one area of the brain (focal injury) or occur over a more widespread area (diffuse injury). Focal injuries often result from penetrating TBIs, where an object enters the brain and damages a specific area. Diffuse injuries, common in non-penetrating TBIs, can affect multiple areas of the brain due to the forceful movement of the brain within the skull.
    • Cognitive Impairments: Severe TBI can result in long-term cognitive impairments, including difficulties with planning, organizing, reasoning, problem-solving, and decision-making. These impairments can be so severe that they affect daily functioning and independence.
    • Physical Disabilities: Physical disabilities can range from mild to severe and may include chronic pain, seizures, nerve damage, blood clots, narrowing of blood vessels, stroke, and infections in the brain. These complications can significantly reduce an individual’s ability to engage in daily activities and may require ongoing medical care.
    • Emotional and Behavioral Changes: Severe TBI can lead to persistent emotional and behavioral changes, such as depression, anxiety, mood swings, and aggression. These changes can be distressing for both the individual and their family and may require ongoing psychological support and therapy.

    Long-Term Consequences

    The long-term consequences of TBI can be profound and may include:

    • Degenerative Effects: Research suggests that having one or more TBIs may increase the likelihood of later developing degenerative diseases such as Alzheimer’s disease, Parkinson’s disease, and chronic traumatic encephalopathy (CTE). CTE is particularly common in individuals who have experienced repeated head impacts, such as athletes in contact sports.
    • Rehabilitation Needs: Many individuals with severe TBI will require extensive rehabilitation to regain lost functions. This can include physical therapy to improve mobility and strength, occupational therapy to enhance daily living skills, speech therapy to improve communication, and cognitive therapy to address thinking and memory problems.

    Key Takeaways

    • Definition and Types: TBI is caused by an outside force and can be either penetrating or non-penetrating.
    • Impact on Brain Function: TBI can cause temporary or permanent problems with brain function, ranging from mild to severe.
    • Severe Consequences: Serious TBI can result in severe disability or death.

    What Causes Brain Injury?

    Not all brain injuries stem from negligence, but such incidents occur more frequently than you might think.

    Common Causes of Brain Injuries

    Brain injuries can occur due to various reasons, often rooted in negligence or accidental events.

    • Slips and Falls: Falls are a common cause of brain injuries, especially in older adults. These can occur due to slippery surfaces, uneven flooring, or other hazardous conditions. If the fall is due to negligence, such as a failure to clean up a spill or repair a broken floor, the victim may have a valid personal injury claim.
    • Motor Vehicle Accidents: Severe collisions can cause the head to forcefully come into contact with the headrest or another part of the vehicle, leading to brain injuries. These accidents can be caused by drunk driving, speeding, or other reckless behaviors.
    • Sports Injuries: Sports, especially high-impact sports like soccer, boxing, football, and hockey, can lead to brain injuries due to concussions or other impacts to the head.
    • Violence: Domestic violence, assault, child abuse, gunshot wounds, and shaken baby syndrome are all potential causes of brain injuries.
    • Blast Injuries: Explosions can cause brain injuries due to the force of the blast and the subsequent movement of the brain within the skull.

    Legal Concept of Negligence

    Legally, “negligence” refers to a breach of a duty owed to another person, resulting in injury. This concept is crucial because even if the symptoms of a brain injury do not manifest immediately, the negligent party can still be held liable. Defendants may attempt to argue that an “intervening cause” contributed to the injury, which is why having a knowledgeable lawyer for brain injury is vital to effectively pursue your case.

    Key Takeaways

    • Common Causes: Brain injuries can result from slips and falls, motor vehicle accidents, sports injuries, violence, and blast injuries.
    • Negligence: Negligence plays a significant role in many brain injury cases, and the negligent party can be held liable even if symptoms do not appear immediately.
    • Legal Implications: Understanding negligence is crucial for pursuing a personal injury claim.

    What are the Symptoms of a Traumatic Brain Injury?

    Victims of TBI can suffer a wide range of symptoms, from physical to behavioral, that can affect them both emotionally and cognitively.

    Immediate Symptoms

    • Headache
    • Dizziness
    • Confusion
    • Fatigue
    • Sensitivity to Light and Noise

    Severe Symptoms

    If the injury is more severe, the following symptoms may be present:

    • Convulsions or Seizures
    • Blurred or Double Vision
    • Unequal Eye Pupil Size or Dilation
    • Clear Fluids Draining from the Nose or Ears
    • Nausea and Vomiting
    • New Neurological Problems

    Long-Term Symptoms

    • Memory Loss
    • Concentration Problems
    • Emotional Issues
    • Seizures

    Chronic Traumatic Encephalopathy (CTE)

    CTE is a progressive neurological disorder that can occur in individuals with extraordinary exposure to multiple blows to the head. Symptoms may include problems with thinking, understanding, and communicating; movement disorders; problems with impulse control and depression; confusion; and irritability. CTE develops over many years and can take years to show symptoms.

    Key Takeaways

    • Immediate Symptoms: Headache, dizziness, confusion, fatigue, and sensitivity to light and noise.
    • Severe Symptoms: Convulsions, blurred vision, unequal eye pupil size, clear fluids draining from the nose or ears, nausea, and new neurological problems.
    • Long-Term Symptoms: Memory loss, concentration problems, emotional issues, and seizures.
    • CTE: A progressive neurological disorder resulting from repeated head impacts.

    Fighting for the Compensation You Deserve

    If negligence has caused your brain injury, you have the right to seek compensation for a range of damages. Here’s how Kent Hazzard & Freeman can help:

    Economic Damages

    Economic damages cover tangible losses that can be quantified and proven through documentation and evidence. This damage is intended to compensate you for the financial losses you have incurred as a result of your injuries.

    • Medical Expenses: This includes all costs associated with hospital stays, surgeries, medications, and ongoing treatments.
    • Rehabilitation Costs: Expenses related to physical therapy, occupational therapy, and other rehabilitation services.
    • Lost Income: Wages lost due to time away from work, including potential future earnings if your injuries prevent you from returning to your job.
    • Property Damage: Costs to repair or replace your vehicle and any other damaged property.

    Non-Economic Damages

    Non-economic damage is intangible losses that cannot be quantified or proven through documentation and evidence. These damages are intended to compensate you for the emotional and psychological impact of your injuries.

    • Pain and Suffering: Compensation for the physical pain and emotional distress you have suffered because of your injuries.
    • Emotional Distress: Financial compensation for the mental anguish, anxiety, and other emotional issues you may experience.
    • Loss of Enjoyment of Life: Damages for the impact your injuries have had on your ability to participate in activities and hobbies you previously enjoyed.

    Key Takeaways

    • Economic Damages: Cover tangible losses such as medical expenses, rehabilitation costs, lost income, and property damage.
    • Non-Economic Damages: Cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
    • Kent Hazzard & Freeman: Our team can help you navigate the complex process of seeking compensation for your injuries and ensure that you receive the maximum number of damages you are entitled to.

    Do You Have a Valid Lawsuit?

    Most people question whether they have a valid lawsuit after suffering a brain injury. Here are the key elements to consider:

    Duty of Care

    Did someone have a duty of care? This duty exists for most individuals in varying circumstances and means that people must avoid engaging in actions that could prove harmful to others.

    Violation of Duty

    Was there a violation of duty? This means someone has acted negligently, recklessly, illegally, or otherwise committed a wrongful act that could harm others.

    Injury/Damages

    Did the violation result in an injury? Not every violation of duty constitutes personal injury liability, but when someone is injured, liability likely exists.

    If all these elements exist, you or a loved one may be entitled to substantial compensation. Even victims of a seemingly mild TBI could face serious medical issues now and in the future. You should never just guess as to whether you may have a valid lawsuit — particularly since you can schedule a free consultation with Kent Hazzard & Freeman today.

    Key Takeaways

    • Duty of Care: Establishing that someone had a duty of care towards you.
    • Violation of Duty: Proving that there was a breach of this duty.
    • Injury/Damages: Showing that the breach resulted in your injury.
    • Free Consultation: Contact Kent Hazzard & Freeman for a free consultation to determine if you have a valid case.

    Contact Us for Brain Injury Today

    If you or a loved one has suffered a brain injury due to someone else’s negligence, don’t wait to seek help. Contact Kent Hazzard & Freeman for a FREE consultation. Our brain injury team in White Plains is ready to discuss your case and help you secure the compensation you deserve.

    How Long Do You Have to Sue After a Brain Injury in White Plains?

    In New York, the statute of limitations for personal injury cases, including brain injuries, is typically three years from the date of the accident. However, there are exceptions to this rule, and the timeframe to file a claim may be shorter in certain circumstances.

    Understanding the Statute of Limitations

    The statute of limitations is a legal deadline that sets the timeframe within which you must file a lawsuit to recover damages for your injuries. In New York, the statute of limitations for personal injury cases is generally three years from the date of the incident.

    However, there are exceptions to this rule. For example, if the accident involved a government entity, you may have a much shorter timeframe to file a claim. In some cases, you may have as little as 90 days to file a notice of claim, and one year and 90 days to file a lawsuit.

    Consequences of Missing the Deadline

    Failing to file your claim within the statute of limitations can have serious consequences. If you miss the deadline, you will be barred from recovering compensation for your injuries, and your case will likely be dismissed.

    Key Takeaways

    • Statute of Limitations: Generally, three years from the date of the accident.
    • Exceptions: Shorter timeframes may apply if the accident involved a government entity.
    • Consequences: Missing the deadline can bar you from recovering compensation.

    Who Could Be Held Liable for Causing a Brain Injury in White Plains?

    Brain injury lawsuits sometimes include multiple liable parties. Here are some common liable parties:

    Negligent Individuals

    If an individual’s actions or failure to act led to the accident, they can be held accountable. This includes instances of negligence, recklessness, or intentional harm.

    Businesses and Employers

    If the injury occurred at work or was caused by an employee’s actions, the employer may also be liable. Companies are responsible for their employees’ actions while on the job.

    Medical Providers

    If medical malpractice was involved, medical providers can be held liable for their negligence or recklessness.

    Manufacturers

    If a defective product contributed to the injury, manufacturers may also face liability.

    Government Entities

    If poor road maintenance or other government negligence was a factor, government entities can be held liable.

    Key Takeaways

    • Multiple Liable Parties: Brain injury cases can involve multiple liable parties.
    • Negligent Individuals: Individuals who acted negligently can be held accountable.
    • Businesses and Employers: Employers may be liable for their employees’ actions.
    • Medical Providers, Manufacturers, and Government Entities: These entities can also be held liable under certain circumstances.

    How Kent Hazzard & Freeman Investigates a Brain Injury

    Our White Plains brain injury team will conduct a thorough investigation to gather all relevant evidence and build a strong case on your behalf.

    Gathering Evidence

    We will gather all relevant evidence, including medical records, witness statements, police reports, and any other documentation that strengthens your case.

    Identifying Liable Parties

    We will identify all potentially liable parties and review their roles in the incident.

    Expert Analysis

    We may request expert analysis from neurologists, neuropsychologists, and other medical professionals to understand the full extent of your injuries.

    Key Takeaways

    • Thorough Investigation: We gather all relevant evidence to build a strong case.
    • Identifying Liable Parties: We identify all potentially liable parties.
    • Expert Analysis: We work with medical experts to understand the full extent of your injuries.

    Evidence We Use in Brain Injury Cases

    In addition to medical records and police reports, brain injury claims often involve:

    Black Box Data

    If the accident involved a vehicle, black box data can provide vital information about the vehicle’s speed, whether brakes were applied, and other critical details.

    Medical Records

    Detailed medical records documenting your injuries and treatments are crucial in establishing the extent of your damages.

    Witness Statements

    Statements from witnesses can provide valuable insights into the circumstances surrounding the accident.

    Expert Testimony

    Testimony from medical experts can help explain the nature and severity of your injuries and their long-term impact.

    Key Takeaways

    • Black Box Data: Provides information about the vehicle’s speed and other critical details.
    • Medical Records: Essential for documenting your injuries and treatments.
    • Witness Statements: Valuable for understanding the accident’s circumstances.
    • Expert Testimony: Helps explain the nature and severity of your injuries.

    Get Your Free Consultation Today

    If you’ve been injured in a brain injury accident, don’t go through it alone. Contact Kent Hazzard & Freeman for a FREE consultation. Our brain injury team in White Plains is ready to discuss your case and help you secure the compensation you deserve.

    Why Work with Kent Hazzard & Freeman?

    On your own, getting full and fair compensation after being injured in a brain injury accident can be a challenge. Negligent parties and their insurers want to pay you as little as possible for your injuries, and without a lawyer by your side, you might be tempted to accept a lowball settlement offer without realizing you could get much more.

    Our White Plains personal injury team has extensive experience navigating brain injury litigation and has successfully represented thousands of clients. Kent Hazzard & Freeman has more than 85 years of experience handling personal injury cases and can help protect your interests. Our clients are treated like family, never like numbers, and can expect top-tier legal representation and an open line of communication when working with our team.

    Key Takeaways

    • Comprehensive Support: We provide personalized, compassionate support and ensure you understand your rights.
    • Successful Track Record: We have a successful track record of securing significant compensation for our clients.
    • Open Communication: Our clients can expect top-tier legal representation and an open line of communication.

     

    Frequently Asked Questions:

    A traumatic brain injury (TBI) is a brain injury caused by an outside force, such as a forceful bump, blow, or jolt to the head or body, or an object entering the brain. TBIs are classified into two broad types: penetrating and non-penetrating.

    • – Penetrating TBI: This type occurs when an object pierces the skull and enters the brain tissue, typically caused by bullets, shrapnel, or bone fragments.
    • – Non-Penetrating TBI: This type is caused by an external force strong enough to move the brain within the skull but does not involve an object penetrating the skull, often resulting from falls, motor vehicle crashes, sports injuries, or being struck by an object.

    Brain injuries can occur due to various reasons, often rooted in negligence or accidental events. Here are some common causes:

    • – Slips and Falls: Falls are a common cause, especially in older adults, and can be due to slippery surfaces, uneven flooring, or other hazardous conditions.
    • – Motor Vehicle Accidents: Severe collisions can cause the head to forcefully come into contact with the headrest or another part of the vehicle.
    • – Sports Injuries: High-impact sports like soccer, boxing, football, and hockey can lead to brain injuries due to concussions or other impacts on the head.
    • – Violence: Domestic violence, assault, child abuse, gunshot wounds, and shaken baby syndrome are all potential causes.
    • – Blast Injuries: Explosions can cause brain injuries due to the force of the blast and the subsequent movement of the brain within the skull.

    A traumatic brain injury (TBI) can significantly impact a person’s quality of life and daily activities in several ways:

    • – Physical Health: TBI can lead to physical challenges such as weakness, numbness, or paralysis, affecting mobility and balance. This can make everyday tasks like bathing, dressing, and toileting more difficult.
    • – Mental Well-being: TBI can result in mental health issues like anxiety, depression, agitation, and aggression. These changes can affect a person’s ability to manage daily life and interact socially.
    • – Cognitive Functions: TBI can impair cognitive functions such as attention, memory, and learning new information. This can impact work, school, and other activities that require mental focus and memory.
    • – Social Interactions: TBI can affect social interactions due to changes in behavior, mood swings, and communication difficulties. This can strain relationships with family and friends.
    • – Lifestyle Adjustments: Individuals with TBI may need to rely more on analgesics and sleep aids, and they may experience poorer sleep quality. They may also consume more substances like coffee, tea, cigarettes, and betel nuts, which can further impact their quality of life.

    TBI can cause temporary or permanent problems with brain function, affecting various aspects of an individual’s life.

    • – Temporary or Short-Term Problems: Issues with thinking, understanding, moving, communicating, and acting. This can include cognitive functions like attention and memory, physical symptoms like weakness or numbness, communication skills, and behavioral changes.
    • – Permanent and Severe Disability: More serious TBI can lead to severe and permanent disability, including cognitive impairments, physical disabilities, and emotional and behavioral changes. The damage can be focal (confined to one area) or diffuse (widespread).

    In New York, the statute of limitations for personal injury cases, including brain injuries, is typically three years from the date of the accident. However, there are exceptions to this rule:

    • – General Rule: Three years from the date of the incident.
    • – Exceptions: If the accident involved a government entity, you may have a much shorter timeframe to file a claim, such as 90 days to file a notice of claim and one year and 90 days to file a lawsuit.
    • – Consequences of Missing the Deadline: Failing to file within the statute of limitations can result in your case being dismissed, and you will be barred from recovering compensation.

    Brain injury lawsuits can involve multiple liable parties. Here are some common liable parties:

    • – Negligent Individuals: If an individual’s actions or failure to act led to the accident.
    • – Businesses and Employers: If an injury occurred at work or was caused by an employee’s actions.
    • – Medical Providers: If medical malpractice was involved.
    • – Manufacturers: If a defective product contributed to the injury.
    • – Government Entities: If poor road maintenance or other government negligence was a factor.

    Each of these parties may be held accountable depending on the circumstances of the injury. A thorough investigation is necessary to determine all potentially liable parties.

    Contact Us

    Seeking justice for your injury? Contact us now for a free consultation and let’s discuss how we can help you secure the compensation you deserve.