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Traumatic Brain Injury

This is an area of the law where there is a great deal of skepticism. Insurance companies and defense attorneys typically argue that, in the absence of clear objective evidence, such as a skull fracture or subdural hematoma, which is a brain bruise, those whose complaints include a constellation of symptoms (typically referred to as “post-concussion syndrome”) are, in actuality, malingerers.  In fact, we do not yet have the medical technologies to objectify all brain injury associated with head injury. The skull is a boney vault which houses the brain, which is made of a gelatinous substance. The precise mechanism associated with the death of brain cells during a head injury and the resultant cognitive and/or physical limitation is not yet understood. Sadly, these injuries, which sometimes arise after even minor traumas, are typically misdiagnosed and under-treated. The head injury victim suffers anonymously. The head injury victim also frequently encounters a combination of emotional responses to the physiological trauma of the brain. There is an emotional response associated with the inability to retrieve information clearly, express oneself, organize one’s thoughts and/or accommodate stresses.

 

An individual with TBI is typically best served by a team of physicians, including a neurologist and, at some point in time, a neuropsychologist and/or psychiatrist.

Automobile Accidents

Under the no-fault law, the host vehicle will pay for the reasonable medical costs associated with one’s injuries in connection with a motor vehicle accident. It is imperative that an injured party file an application with the appropriate no-fault carrier within 30 days of the happening of the accident. This time limit is strictly enforced. Additionally, because of the anti-victim perspective of many insurance companies, to the extent people have significant injuries and limitations, it is important that they treat early and often and secure whatever diagnostic studies are appropriate. As a matter of routine, in 60 to 90 days following the happening of the accident, an individual is sent for a supposedly independent medical exam. In fact, these supposedly independent doctors are in the business of supporting the insurance companies and will typically conclude that no further medical treatment is required.

 

Another important issue in evaluating one’s own auto insurance coverage is to make certain you have adequate uninsured/under insured motorist coverage. In the unhappy scenario that you’re seriously injured by an individual who has the New York mandatory minimum of $25,000 in coverage, if you have $100,000 in personal injury coverage and $100,000 as uninsured/underinsured coverage, or you have serious and substantial injuries, by virtue of letter, you can make claim for an additional $75,000 in benefits against your own policy. Not surprisingly, this coverage, which is very cheap, is rarely brought to the policyholder’s attention and you are typically left with no protection.

Construction Site Accidents

The Labor Law and specifically sections, otherwise known as New York’s Scaffolding Law, 200, 240 and 241, arose during a period of time where there were horrible fatalities associated with building the infrastructure of this country. As a consequence, particularly in cases where individuals fall from elevations, there are extremely favorable pro-victim laws on the questions of liability. Construction accidents require a practitioner with the full understanding of the Labor Law and its implications.

 

Slip and Fall

As a general proposition, an owner of property is responsible for maintaining the property in a reasonably safe manner. With regard to particular defects or dangerous conditions, the landowner or occupant of the premises will typically be required to be on notice, either actual or constructively, of a particular defective condition.

 

 

CL Law Group

Personal Injury Lawyers

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