Lawsuits

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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New York Injury Cases Blog

Damages Verdict for Pre-Death Pain and Suffering Affirmed in Yard-Work Vehicle Tragedy

October 13th, 2017

On March 11, 2007, Elias Fasolas was operating  a Bobcat S175 skid-steer loader with a bucket attachment when a limb from a nine-foot-tall tree entered the open operator cab, crushing him against the... ...

Judgment Affirmed for Motor Vehicle Passenger with Non-Surgical Herniated Lumbar Disc

October 3rd, 2017

On May 21, 2010, Elizabeth Eastman, a home health aide for Access Nursing Services, was a rear seat passenger in an ambulette that was transporting her client from a nursing home in Manhattan to her c... ...

Medical Malpractice Verdict in favor of Colonoscopy Patient Affirmed as to Liability and Damages

September 29th, 2017

On July 30, 2008 Raymond Gaspard, then 59 years old, underwent his first colonoscopy. A suspicious polyp was discovered and Mr. Gaspard was referred to a colorectal surgeon who performed a second colo... ...

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