Filing a claim after a traumatic brain injury can be challenging. Even mild concussions create cognitive difficulties that affect your ability to concentrate, remember, and problem-solve, all skills crucial for negotiating a fair settlement. Unfortunately, insurance adjusters aren’t above taking advantage of injury victims to protect their company profits.
You don’t have to face these difficulties on your own. Trantolo & Trantolo, LLC knows how to push back against insurance companies and others who may seek to diminish the settlement you deserve. Our firm has been fighting for your rights for more than 85 years, and our Long Island personal injury lawyers have the skill and resources to recover medical expenses, lost income, and more. Contact us today for a free consultation with a traumatic brain injury attorney on Long Island, NY.
Don’t Fight Solo – Get Help From Dedicated TBI Lawyers on Long Island
At Trantolo & Trantolo, LLC, we understand that the healing process after a TBI is long and frustrating. It can be daunting to have to juggle your legal case while trying to get back to your everyday life, but our team is here to support you every step of the way.
When you hire us to represent your TBI claim, you receive comprehensive legal support from attorneys passionate about getting results. A dedicated team of attorneys assigned to your case will:
- Address your concerns and answer your questions
- Manage all correspondence related to your TBI claim
- Compile documents and build a strong case for damages
- Defend your rights in negotiations and in the courtroom
Not all cases go to trial, but we are prepared to take your claim before a judge and jury if that’s what it takes to get a fair outcome. We will not settle for less than you deserve.
Traumatic Brain Injuries Are a Common Cause of Hospitalization, Disability, and Death in New York State
If you sustained a traumatic brain injury, you are not alone. Every year, TBI incidents cause over 38,000 emergency room visits and 17,000 hospitalizations in New York State. That’s nearly 157 traumatic brain injury incidents every day.
A traumatic brain injury can occur whenever the head suffers trauma, such as an impact, sudden stop, or change of direction. We advocate for TBI victims injured in many situations caused by another party’s negligence, including:
- Slip and fall accidents
- Car accidents
- Truck collisions
- Motorcycle crashes
- Pedestrian accidents
- Bicycle collisions
- Construction accidents
While TBIs are more common in young children, young adults, and the elderly, any person is at risk. Prompt medical attention can help you avoid complications that could arise from untreated TBI.
What to Do if You Suspect a Traumatic Brain Injury
If you notice any of the following traumatic brain injury symptoms, seek medical assistance immediately:
- Headache
- Dizziness
- Nausea or vomiting
- Fatigue or insomnia
- Light and sound sensitivity
- Confusion and difficulty concentrating
- Problems remembering things
- Unusual emotional reactions and mood swings
Signs of a traumatic brain injury are not always immediately apparent. Adrenaline from an accident can mask your injuries for days or weeks. Get medical attention as soon as possible to avoid unnecessary complications.
As soon as you can, contact Trantolo & Trantolo, LLC to begin the legal claim process. While you recover, we will start the investigation into your TBI and begin building a compelling case for damages.
We Help You Recover Compensation for Your TBI Losses
Our TBI lawyers on Long Island are focused on getting results. While you receive treatment for your traumatic brain injury, our team dutifully works to build a case for compensation. Damages we could recover on your behalf can address:
- Emergency treatment, hospitalization, and critical care
- Surgery and other medical procedures
- Physical and cognitive rehabilitation services
- Diminished quality of life
- Pain and suffering
- Lost income and reduced future earning capacity
- Wrongful death damages, including funeral expenses and loss of consortium
Since every person and their situation is different, the damages you can secure will vary significantly. A consultation with one of our traumatic brain injury attorneys can help you understand the legal process and get an idea of the compensation you could claim.
Negotiating a Fair Settlement Can Be Tricky – Let Us Help
In New York, injury victims have several avenues to recover damages after a TBI caused by someone else’s negligence. Trantolo & Trantolo, LLC is familiar with New York insurance coverage laws and the way these can affect your TBI settlement. Our team will investigate your case and pursue all available options for monetary damages. Depending on your case details, this may include:
- Personal Injury Protection (PIP): New York’s no-fault insurance for auto accidents includes medical costs and lost income up to your policy’s limits, regardless of who was at fault.
- Liability Insurance: If your injuries arise due to the negligence of a driver, property owner, municipality, or other party, you may recover compensation through their insurance coverage. To claim damages, you must prove that the policyholder was responsible for your TBI.
- Personal Injury Lawsuit: If the insurance company refuses to agree to a fair settlement, you can still seek compensation through a personal injury lawsuit against the at-fault party and their insurer.
Traumatic brain injury claims are often complex, which is why you benefit from working with our dedicated TBI attorneys. We know how to fight for the best possible outcome, and we are prepared to take your case to trial if necessary.
You Only Have a Short Time to File a TBI Claim on Long Island
Traumatic brain injuries can take months or years to heal. Unfortunately, you rarely have that long to gather evidence and file a claim. New York state allows injury victims to file a lawsuit up to three years from the date of the injury, per CVP § 214. However, this time frame often varies. For instance, CVP § 5-4.1 limits wrongful death claims to two years. In cases where government agencies or entities may be liable for harm, GMU § 50-E requires victims to notify such parties of their claim within 90 days.
While you recover from your injuries, Trantolo & Trantolo, LLC can preserve evidence, create a claim, and file the appropriate paperwork on time. Contact our office today to get started. Our traumatic brain injury lawyers on Long Island offer free consultations and representation on contingency. We will handle your case at no upfront cost and only recover attorney’s fees if we win compensation on your behalf.
FAQs About Long Island Traumatic Brain Injury Claims
What Is the Average Settlement for a TBI Case?
There’s no universal average for TBI settlements, as compensation depends on the severity of the injury, the impact on your life, available insurance, and liability. Our attorneys have helped previous clients recover a wide range of settlements and verdicts for their brain injuries and other physical, financial, and emotional losses. A personalized case review is the best way to assess potential compensation.
What Evidence Do My Lawyers Need to Prove Negligence in a TBI Case?
To prove negligence in a traumatic brain injury case, your lawyers must establish four key elements: duty of care, breach of duty, causation, and damages. This means showing that the at-fault party had a legal responsibility to act with reasonable care, failed to meet that duty, and directly caused your injury, resulting in measurable harm.
Supporting evidence may include medical records, brain scans, and neuropsychological evaluations to document the nature and extent of the injury. Expert testimony can explain how the trauma occurred and its medical consequences. Ongoing treatment notes, plus observations from family, coworkers, and treating physicians, can illustrate how the injury affects memory, concentration, mood, and day-to-day function.
You may have additional evidence, such as police reports or incident reports, depending on the cause of your TBI injury. Our team is prepared to investigate and collect the various forms of evidence we need to support your claim for compensation.
How Long Does a Traumatic Brain Injury Case Usually Take to Resolve?
TBI cases typically take several months to a few years, depending on the injury’s complexity, the length of medical recovery, and whether a trial is needed. Many settle out of court, but if the case goes to trial, the timeline may extend significantly.