Understanding the Value of Your New York Traumatic Brain Injury Claim

Not all car accidents are minor fender benders. If this is all you’re dealing with, consider yourself lucky. Sure, you’re probably dealing with some car repair bills. You may even have some minor injuries, but nothing that’s going to upend your life.

Unfortunately, vehicle accidents aren’t always minor collisions and injuries can be catastrophic. Fatalities can even occur, especially if the injuries are traumatic. New York sees over 2,000 fatalities annually from TBIs (traumatic brain injuries). The number of accident victims dealing with the repercussions of a TBI is significantly higher.

If you suffer a traumatic brain injury in a New York car accident, state law typically allows you to file a claim for compensation. The value of your traumatic brain injury claim can go a long way to ensuring you’re financially covered.

Potential Long-Lasting Effects of a Catastrophic Brain Injury

Traumatic brain injuries can have a permanent effect on an individual’s life. Some of the effects can seem like minor inconveniences, like taking medication daily. Other effects have a more serious effect on a person’s life like requiring a wheelchair for mobility. Some TBIs are so extreme that the accident victim requires a lifetime of care.

Some of the common long-term effects of a TBI can include but are not limited to the following:

■ Permanent disability like the loss of function to a bodily system or limb

■ The injury is preventing the individual from securing meaningful employment

■ Lifelong care and/or assistance is necessary

■ Medications are a part of the person’s daily schedule

■ Permanent scarring and other types of disfigurement

■ Assistance devices necessary for mobility like wheelchairs and walkers

A catastrophic brain injury can also alter a person’s mental well-being. They may experience mood and even personality changes. Traumatic brain injuries can cause memory loss, either temporarily or permanently.

Fault Can Impact the Value of Your New York TBI Accident Claim

New York is a no-fault state. This also isn’t the only insurance law NY follows. Along with no-fault insurance rules, New York is also a pure comparative negligence state. Yep, this can be confusing even if you’re not dealing with traumatic injuries.

Okay, so no fault doesn’t mean no one is ever to blame for an accident. Instead, everyone turns to their insurance to recover compensation. After filing a claim with your insurance provider, you can turn to the at-fault driver’s policy. Any damages left over from your insurer should be covered by the at-fault driver’s policy.

This brings us to pure comparative negligence. This insurance rule lets multiple drivers be responsible for causing the same vehicle accident. Fault is assigned to everyone involved. Your percentage of fault can range anywhere from 0% to 100%. 

As long as you’re not more than 99% responsible for the vehicle collision, you should be able to file a claim against the other driver’s insurance carrier. However, your potential compensation will be reduced by your assigned percentage of fault.

Establishing Fault in a Traumatic Brain Injury Claim

Proving fault is key if you want to recover compensation from the at-fault driver. In other words, you can’t just claim the other driver is to blame for the accident. You’ll also need to provide proof.

Report the Traumatic Car Accident

Don’t even think about not reporting a catastrophic car accident, it’s also New York state law. You should plan on immediately reporting the accident to the authorities. Yes, this means waiting at the accident scene. 

However, this shouldn’t be a problem. Your TBI is probably preventing you from doing much more than waiting for the ambulance to arrive. Reporting the accident not only satisfies state law, it also helps establish liability.

Always Seek Medical Attention

Making an appointment with a healthcare professional usually isn’t an issue with a traumatic brain injury. Chances are, you left the accident scene in an ambulance and are recovering under a doctor’s close care.

You may not be too coherent after suffering a TBI and it’s okay. Your close family members can help ensure your medical journey is being documented. To recover compensation after a traumatic brain injury, you’re probably going to need more than copies of your medical records. 

All of your medical bills and receipts count as supporting evidence. Since there’s a good chance you’re going to need long-term or lifetime care, you’ll also need to document any recommended treatment options.

If you’re only able to focus on your recovery, it’s okay. You can designate someone to act as a go-between to ensure your documentation gets to your personal injury attorney.

Gather Evidence

One of the first things your attorney will do is begin collecting evidence. Your attorney understands bills are piling up and you’re relying on compensation from the insurance company to stay afloat.

Along with collecting a copy of the accident report. You can usually get a copy of the report about a week after the accident. Your attorney can contact your local New York police. The accident report is also something the insurance companies will want a copy of. In the report, you can typically find details about the accident that include who the authorities consider the at-fault driver.

Collecting evidence can also mean talking to any witnesses, if applicable. Since your injuries probably prevented you from exchanging contact info at the accident scene, your attorney can get the necessary information from the report.

Calculating Your Damages

Before your attorney begins negotiating with the insurance company, you’ll take the time to calculate your damages. This can include medical expenses, property damage repair/replacement costs, along with lost current and future wages. 

If modifications are necessary to your home to allow for mobility devices, these costs can also be included. Don’t forget about non-economic damages. You can also claim pain, suffering, and loss of quality of life. After calculating your damages, the total is submitted to the insurance company.

Let an Attorney Handle Your Traumatic Brain Injury Accident Claim

Going through the claim process after a catastrophic accident can be exhausting and frustrating. Your injuries may even be making it impossible to help with your claim. However, working with an attorney can help the claim process move along a little more smoothly, even if you’re still laid up in a hospital bed.

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