Can a Lawyer Help if I Suffer a Brain Stem Injury?

Anyone who suffers a brain stem injury because of another person’s negligence can pursue legal guidance. In severe cases, if they cannot consult with an attorney themselves, a family member may speak with a lawyer on their loved one’s behalf to discuss a potential claim. 

A personal injury lawyer who handles traumatic brain injury (TBI) cases can seek compensation for medical expenses, lost income, and pain and suffering. Having a legal advocate can lighten the burden of dealing with insurance claims, negotiations, and paperwork, allowing families to focus on caring for the injured individual. 

Accidents that lead to brain stem injuries can change a person’s life in moments. The physical, emotional, and financial impact can be significant. Whether the injury happened in a Suffolk County vehicle collision, a Nassau County slip and fall, or a workplace accident in one of the boroughs, holding the negligent party accountable may offer a path forward. 

A personal injury lawyer at Rosenberg & Gluck LLP is here to assist you with every phase of the claims process. We can handle legal complexities while you concentrate on recovery. Prompt action makes a difference, especially in New York, where strict time limits can affect your ability to seek justice.

What are Brain Stem Injuries?

A brain stem injury is a life-altering event. The brain stem connects the rest of the brain to the spinal cord, serving as the control center for breathing, heart rate, and many other involuntary functions. When trauma damages this area, a person may have difficulty regulating basic life functions or lose some bodily control altogether.

How a Brain Stem Injury Can Occur

Many brain stem injuries happen in accidents that involve a direct blow to the head or severe whiplash. These situations can occur on New York roads, at work sites, or even on poorly maintained properties. In a motor vehicle accident on Long Island, for example, a collision with a speeding driver may slam a victim’s head into a window or dashboard. 

Sports-related incidents can also affect the brain stem if there is enough force to the back of the head or base of the skull. 

These injuries often involve:

• Contusions or bruising on the brain stem
• Tearing of the tissue in the brain stem
• Pressure on the brain stem from swelling or bleeding

Immediate medical care is something to consider after any blow to the head, especially if there are symptoms like headaches, confusion, dizziness, or difficulty speaking. Medical professionals can perform diagnostic imaging and other tests to determine if the brain stem has been affected.

Complications Involving a Brain Stem Injury

Because the brain stem manages core functions, an injury can lead to serious complications, such as:

• Breathing difficulties: The brain stem is in charge of basic respiratory functions. Damage can make breathing a constant challenge.
• Cardiac irregularities: Heart rate and blood pressure can become unsteady.
• Paralysis or loss of motor function: Portions of the body may lose sensation or movement.
• Impairment of swallowing and gag reflex: Eating and drinking safely can become impossible without assistance.
• Loss of consciousness or coma: In severe cases, a brain stem injury can lead to a prolonged or permanent coma. 

These complications often happen alongside other forms of head trauma. A person might experience cognitive issues if other regions of the brain also took a hit during the incident.

Reviewing All Potential Claims or Defendants

Some accidents involve multiple parties. A multi-vehicle crash might include multiple negligent drivers, while a construction accident might include a general contractor, property owner, and equipment manufacturer. A lawyer can assess every angle to ensure all responsible parties are identified. This can maximize the potential for compensation, especially in cases of catastrophic injury.

Documenting Medical Costs and Future Needs

Brain stem injuries often require significant medical intervention. This may involve surgery, intensive care, physical therapy, speech therapy, or even around-the-clock nursing. A lawyer will gather records from doctors, hospitals, therapists, and other specialists to demonstrate the scope of current medical bills. In addition, they can work with medical professionals to project future costs, which is especially relevant if ongoing care or assistive devices are needed.

Calculating Wage Losses and Reduced Earning Potential

Some brain stem injuries permanently diminish a person’s ability to work or pursue a career path. A lawyer can help calculate past lost wages as well as future reductions in earning capacity. If the injury leaves a person unable to return to their previous line of work, financial compensation could reflect retraining costs or new career limitations.

Negotiating with Insurance Companies

Insurance companies often handle personal injury claims from car crashes, slip and falls, and other incidents. Adjusters may try to settle quickly for an amount that doesn’t cover all future medical needs or lost income. A lawyer experienced with traumatic brain injury cases can negotiate on behalf of the injured individual. They can present evidence that supports a larger compensation package to account for the significant impact on the victim’s life.

Handling Court Filings and Procedural Deadlines

Pursuing compensation in New York involves a series of legal processes. If the responsible party or their insurance provider refuses to offer a fair settlement, litigation may be the next step. A lawyer can file court documents on time, meet various procedural deadlines, and represent clients at every stage of the court process.

Filing a Personal Injury Lawsuit in New York

If negotiations with insurance do not lead to a settlement that fully covers losses, filing a lawsuit in the New York courts might be the next route. Many personal injury cases in Suffolk and Nassau County follow a similar timeline and process:

• Complaint Filing: The victim (plaintiff) files a legal complaint in the appropriate New York court, outlining the details of the accident, the injuries sustained, and the compensation being sought.
• Response from Defendant: The defendant (the party allegedly at fault) must respond. They might admit, deny, or contest the allegations. Their insurance company often provides legal representation.
• Discovery Phase: Both sides gather evidence through depositions, interrogatories, and document requests. Medical records and accident reports are key in brain stem injury cases.
• Settlement Negotiations: Settlement talks often ramp up once each side has a clearer picture of the case. If the defense sees compelling evidence of liability and damages, a settlement offer may follow.
• Trial (If Needed): If negotiations fail and the insurer doesn’t offer an adequate settlement, a jury or judge will hear the evidence and determine whether the defendant is liable and how much the plaintiff should receive. 

Keeping up with the required steps can be challenging for someone with a severe injury. A personal injury attorney can handle filings, talk to witnesses, and argue the case in court if needed.

Examples of Negligence in Brain Stem Injury Cases

Every brain injury case is distinct, but there are some recurring types of negligence in the cases seen across Long Island:

• Distracted Driving: A motorist checking texts or fiddling with navigation might rear-end another car at high speed, causing a head injury.
• Drunk Driving: Alcohol impairs judgment and reaction time, making collisions more likely.
• Reckless Property Maintenance: A landlord who ignores a broken stair railing can set the stage for a devastating fall.
• Inadequate Security: Failing to install lighting or hire staff for an event can lead to assaults that harm innocent people.
• Faulty Products: Defective helmets or automotive parts can exacerbate injuries or fail to protect the user.
• Surgical Errors or Medical Oversight: In a hospital, a missed diagnosis or anesthesia mistake might lead to a catastrophic outcome. 

Proving negligence means showing that the defendant owed a duty of care, breached that duty, and caused measurable harm. Brain stem injuries often involve catastrophic harm, making the damages especially high.

Statute of Limitations in New York (and Beyond)

A statute of limitations sets a time limit for filing a personal injury lawsuit. Understanding these deadlines is one reason many people speak with a lawyer sooner rather than later.

• New York Civil Statute of Limitations for Accidents: Generally three years from the date of the accident.
• New Jersey Civil Statute of Limitations for Accidents: Generally two years from the date of the accident, if the incident happened in New Jersey.
• Wrongful Death in New York: Two years from the date of death, even in cases involving medical malpractice.
• Claims Against a Municipality: If suing a city or municipal entity in New York, the injured person typically has 90 days to file a notice of claim. 

These time frames come with limited exceptions. Victims might still be recovering or unaware of the full scope of their injuries. Failing to file within the statute of limitations window can bar a victim from pursuing compensation. An attorney can verify which filing deadline applies and make sure all paperwork is submitted on time.

Insurance and Settlement Challenges

Brain stem injuries often require extensive care. Some victims need 24-hour support or assistive devices to breathe or eat. While insurers may cover certain treatments under a policy, they sometimes dispute high-cost claims or question the severity of injuries. Negotiating with insurance carriers can be stressful, and those negotiations are rarely simple.

Common Tactics from Insurance Carriers

• Low Initial Settlements: An insurer might offer a settlement quickly, before the full extent of the injury and its long-term effects emerge.
• Blame Shifting: The adjuster might argue that the victim contributed to the accident by speeding, not paying attention, or ignoring other rules.
• Disputing Medical Evidence: Insurers might claim that the current symptoms relate to a pre-existing condition rather than the accident. 

Some victims accept a fast settlement out of worry they won’t receive any compensation otherwise. Later, they realize the money doesn’t cover future surgeries, physical therapy, or the cost of long-term disability. A personal injury lawyer can anticipate these tactics, push for a fair settlement, and file a lawsuit if needed.

How Rosenberg & Gluck LLP Can Assist

Managing a brain stem injury claim in New York courts can be complicated, especially if you’re facing mounting medical expenses and a long recovery. Rosenberg & Gluck LLP, based on Long Island, serves clients in Suffolk County, Nassau County, and the boroughs of New York City. 

With decades of combined experience in personal injury law, our team handles everything from negotiating with insurance companies to preparing cases for trial when necessary. Our approach is grounded in compassion and professional representation. When you call, we listen to your story, explain your options, and guide you in the path that aligns with your needs.

Moving Forward After a Brain Stem Injury: Call Rosenberg & Gluck

Living with a brain stem injury can feel overwhelming, but you are not alone. The Long Island legal community offers support, and Rosenberg & Gluck LLP stands ready to help you rebuild. If you or your loved one suffered a brain stem injury, reach out for a free consultation to understand your options. 

We are available to answer your questions, protect your rights, and pursue a resolution that supports your long-term well-being. We’ll discuss whether a personal injury lawsuit, insurance claim, or another approach fits your situation. Knowing your legal rights can bring peace of mind and financial resources that help you and your family adjust to life after a brain stem injury. 

If you decide to pursue a claim, we’re prepared to advocate for the compensation you deserve. Call our Long Island office at 631-451-7900 or contact us online.