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

Substantial Reduction of Award for Future Pain and Suffering Damages in Knee Injury Case

June 19th, 2017

On September 28, 2010, Susan Sermoneta was waiting for a subway train at West 181st Street in Manhattan when another passenger, David Cloud, slipped on a slimy substance on the subway platform that ha... ...

Pain and Suffering Verdict Affirmed for Scar on Infant’s Cheek

June 5th, 2017

On August 25, 2011 Erica Abreu was admitted to Montefiore Medical Center in the Bronx for an elective Caesarean section. The delivery, by two obstetrician-gynecologists, took only about 15 minutes and... ...

Erroneous Preclusion of Evidence Requires Retrial of Damages Verdict in Spinal Injury Case

May 30th, 2017

On November 23, 2011 Melissa Shillingford was stopped for a red light on Beach Avenue at the Cross Bronx Expressway intersection.  As the light turned green, her 1997 Honda Accord vehicle was struck... ...

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