Recent Questions:

My child was injured in a traumatic accident and I want to hire a personal injury lawyer but I have other legal issues too such as guardianship and determination of eligibility for government entitlement programs. Who will guide me through these matters?

A personal injury attorney who has significant experience in brain injury lawsuits shold be able either to help you with these matters or recommend somenone he knows who can.

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I hear that brain injury lawsuits are somewhat of a specialty. How can I learn if the lawyer I want to hire has experience in this area?

Ask. Inquire of the lawyer what brain injury cases he has handled, what results he has achieved and what involvment he has with brain inury organizations.

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Should a TBI victim return to work as soon as he’s able, even if his lawsuit is still going on? Will that hurt his case in court?

TBI victims, more than any other injured persons, are charged in court as malingerers and fakers. Who makes those charges? The defense counsel and the insurance companies for the defendants. If a jury believes those charges to be true, then a TBI victim will probably lose his case. What helps his case, though, and what’s […]

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Why are economists involved in TBI lawsuits?

While life care planners, doctors, employers and others can and do present evidence about a TBI victim’s monetary losses (actual in the past and estimated in the future), an economist is routinely called upon to calculate into present value the amount of all future economic losses. This can be quite complicated as it involves issues […]

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What is a life care planner and why is one often needed in a TBI lawsuit?

A life care planner is an expert who develops and quantifies plans of care for injured persons. They include the cost of future medical care and other services and items needed to assist the TBI victim (e.g., medications, transportation and other assisted living expenses).

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What’s the difference between a medical expert who testifies in court and one who is called a “consulting” expert?

Sometimes experts are hired by a brain injury victim’s lawyer simply to review and analyze records. This is called a consulting expert. He is not expected to testify in court and his conclusions and reports need not be provided to the defense. When we want an expert to testify in court, the fees he must […]

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Why is a neuropsychologist needed in court?

Defense insurance companies often request and the judges allow examination and testing of TBI victims by a neuropsychologist acting for the defense. So plaintiffs need to have their own neuropsychologist to analyze and rebut the defense claims. Also, neuropsychologists can be extremely effective in showing jurors the quantifiable effects of brain injuries.

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How is Medicaid paid?

Medicaid provides payment directly to participating institutions and providers. The fees for services are established by the state and may not be supplemented from any source.

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Who qualifies for Medicaid?

Disabled individuals of any age as well as those who are medically needy under the age of 21 or over the age of 65 are eligible for Medicaid benefits so long as they meet the financial criteria. Medically needy individuals are those whose assets and income do not meet the cost of necessary medical care.

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What is a neuropsychologist and what is a neuropsychologist’s role in a brain injury patient’s recovery?

A neuropsychologist is a clinical psychologist that specializes in brain behavior relationships.  They will perform tests on the person to test their intellectual ability and personality.  They will research a person’s academic and work record to see what kind of student and employee they were before the accident.  They will also interview family members and […]

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What is a neurologist and what role does a neurologist play in the medical care of a TBI patient?

A neurologist is a medical doctor who specializes in disorders of the nervous system (brain and spinal cord). The neurologist plays a most essential and critical role in explaining the mechanism of a traumatic brain injury, the results of the clinical examination, the insignificance of diagnostic testing results (which, despite actual TBI are often negative) […]

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What types of doctors are the most important in analyzing and treating brain injuries?

Neurologists, neurosurgeons, neuropsychologists and physiatrists are critical medical professionals in cases of brain injury.

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What happens inside the brain after a concussion?

The blood vessels in the brain are stretched and the nerves are damaged.  It can be hard to diagnose this type of Traumatic Brain Injury as it may not always be revealed in diagnostic testing.

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What is a diffuse axonal injury?

A diffuse axonal injury is caused by a shaking or rotation of the head that causes the brain to move within the skull.  Nerve tissue is torn or sheared (thus, these are also called shearing injuries)and the brain may release chemicals that cause more injury. It’s common in car accidents and can occur without a […]

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How serious is a subdural hematoma?

It is generally felt that a patient with a clot thickness greater than 10mm should undergo surgical evacuation, regardless of their level of consciousness. Non-comatose patients with a clot thickness less than 10mm may not need surgery.

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What is a subdural hematoma (SDH) and what is it caused by?

An SDH is diagnosed when there is a collection  of blood inside the skull, but also inside the dura. The collection is therefore between the dura and the outer most brain tissue itself.  What causes a SDH? The source of the bleed can be from damage to the brain itself (a focal lesion or tear […]

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What are the symptoms of EDH in TBI patients?

These patients are often ones who have symptoms including a “lucid interval” which means they are struck in the head and have a short period of initial unconsciousness, wake up and seem better then seem to deteriorate. This is because of the gradual accumulation of blood in this area which presses on the brain over […]

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How long after TBI will a seizure occur?

It can be immediate but there is often a lag time of  days, weeks, months or even years before post-traumatic epilepsy expresses itself.

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What is the difference between epilepsy and post-traumatic epilepsy?

Epilepsy is a disorder of the brain that causes recurrent seizures […]

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What is a seizure and are seizures common in TBI patients?

A seizure is a convulsion from an abnormal burst of electrical activity in the brain […]

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Verdict Affirmed for Passenger in Car Crash who Sustained Neck Injury

December 6th, 2016

On February 23, 2006, Suzanne Kusulas was a front seat passenger in her boyfriend’s car which was stopped at a red light on 16th Street at its intersection with Prospect Park West in Brooklyn wh... ...

Shoulder Injury Award Affected by Claimant’s Credibility

December 1st, 2016

On September 19, 2013 Demetrio Vasquez was driving an SUV on Broadway through its intersection with 135th Street in Manhattan when a left-turning vehicle struck his driver’s side doors. There wa... ...

Verdict Affirmed for Woman Who Fell inside Moving Subway Car

November 26th, 2016

On May 13, 2007 Aleyanesh Sebhat boarded the subway train at the Pelham Parkway station in the Bronx. As soon as she did, the train took off suddenly, with a violent jerk that threw her across the sub... ...

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