Brain Injury
Brain injuries can be caused by a wide variety of accidents including falls, automobile accidents, being hit with falling equipment or debris, sports injuries, and assaults. These injuries can be very serious because they compromise the safety of the brain, which is responsible for controlling necessary functions such as breathing. Some examples of brain injuries include subdural hematoma, concussion, and loss of oxygen to the brain tissue. If you or a loved one has experienced a brain injury as the result of someone else's negligence, it is important that you consult with a personal injury attorney as soon as possible. The less time you allow to lapse before hiring a lawyer, the less a chance you have of forgetting details that could be crucial to winning your case.
One of the major problems with brain injury cases is that members of a jury may have a difficult time understanding that an injury has occurred when they cannot see it. Broken bones can be seen in the form of x-rays and jury members can view a victim's cast or sling. If someone's limb is amputated as the result of an accident, jury members can see that the victim is missing an arm or a leg. Unless pictures of a brain injury are available, it may be difficult for jury members to understand exactly how the brain became injured. This obstacle is what makes having a personal injury attorney so important when you are filing a brain injury claim. Your attorney will know how to best explain your injury or a loved one's injury to a jury to make them understand how severe the injury really is.
Brain injury cases are complex and can rely on witness statements, expert testimony, and extensive medical records. If a case progresses to court and is heard by a jury, members of the jury panel may view x-rays, CT scan films, MRI films, medical progress notes, and operative reports in order to determine how an injury happened and decide if negligence occurred. Because medical information is complex, your attorney may enlist the help of expert witnesses or medico-legal consultants who can review all of this information and help build the strongest case possible. An experienced attorney can also help you to prepare for court by explaining the legal process and outlining what might happen during the course of your case. Being prepared can help you to avoid making mistakes that could cost you your case.
At Napoli Bern Ripka LLP, we have experience in handling brain injury cases and understand how complex they can be. We can provide access to medical experts and other expert witnesses who can help build your case. In addition, one of our experienced attorneys will represent you at every step of your case, whether the case progresses to a jury trial or ends with the negotiation of a financial settlement. Contact Napola Bern Ripka LLP as soon as possible after the brain injury occurs.
Cases and Settlements of Note
Medical Malpractice Lawsuits & Settlements
- Badolato v. Rosenberg. The Second Department affirmed the trial court’s denial of summary judgment to chiropractor, holding that a physician retained to perform a physical examination for Workers Compensation or Disability purposes can be held liable for medical malpractice where the physician affirmatively interferes with the patient’s treatment to his detriment.
- Selva v. Lillie. The court affirmed a denial of summary judgment to general practitioner who claimed that her failure to refer a patient suffering neurological disorder that rendered him quadriplegic for specialist consult was not a departure from good medical practice because she did not have the neurological expertise to recognize that the patient was suffering from a systemic neurological disorder rather than a herniated lumbar disc.
- Graham v. Mitchell. The appellate court reversed the trial court’s order granting summary judgment on a catastrophically brain-damaged infant claim and reinstated the plaintiffs’ complaint.
- Raciti v. Sands Point Nursing Home, et al., 54 A.D.3d 1014 (2d Dept’ 2008), reversing dismissal of plaintiff’s complaint by the trial court which abused its discretion in refusing to consider plaintiffs’ opposition and cross motion, delivered late to court due to interruption of transit service in a torrential rainstorm.
- Buckley v. Charles K. Goldner, LLC, Abranham Colton. The firm represented Buckley who was a guest in the building, who leaned against an elevator door, believing it to lead to laundry facilities. The elevator door swung open from below, and Buckley fell down the shaft, breaking part of his spine, tearing his urethra, and dislocating his shoulder. The Verdict of $1.9M was awarded in May 2010.
- Jermaine Rhoden v. NYC Transit Authority et al. The firm represented Rhoden who was bicycling on White Plains Road when he attempted to pass between a parked vehicle and a public bus. Rhoden became wedged between the bus and vehicle, and injured his knee, which required knee surgery to fix. A verdict of $550,000 was awarded in September 2009.
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