Can I Sue for a Concussion from a Car Accident in New York?
When you suffer an injury in a New York car accident through no fault of your own, you are entitled to seek monetary compensation. This could cover any injury, including a concussion. You have the right to file suit against the at-fault driver.
Recovering damages for concussions and other traumatic brain injuries can be complex. A car accident attorney in New York could assist you with pursuing compensation.
Common concussion symptoms
Identifying a concussion and treating the symptoms is the first step before filing a lawsuit. Without seeking necessary medical treatment, it will be impossible to demonstrate at trial that you are entitled to compensation. Medical records are necessary to establish that you suffered. Some of the signs of a concussion could include:
- Noise sensitivity
- Light sensitivity
- Personality changes
- Emotional outbursts
If your claim is successful, you could recover a variety of damages based on these symptoms. In addition to any medical bills, you could also be compensated for the impact these injuries have had on your life. This could include your pain and suffering, mental anguish, or lost wages.
Steps in a concussion injury lawsuit
The work that goes into a successful concussion claim begins long before you ever file a lawsuit. In many cases, these are resolved without ever going to court– through a negotiated settlement. While a settlement is never guaranteed, most injury cases are resolved before trial.
If your attorney is unable to obtain a fair settlement offer for your claim, filing suit is the next step. Once the lawsuit has been filed, and the defendant has entered their answer, the case will typically enter the discovery phase. This is typically done through written requests for documents as well as through depositions. The discovery phase could take months, if not years.
Once discovery is completed and all pre-trial motions are dealt with– the only thing left is to take the case before a jury of your peers.
Trial evidence in a concussion lawsuit
At trial, your attorney could rely on several pieces of powerful evidence to substantiate your injuries. The centerpiece will likely be your medical records– as well as testimony from your doctor or other medical experts. This evidence could go a long way towards proving that you suffered a significant brain injury, and further, that your life has been seriously impacted by it.
You could also testify about how the concussion has impacted your quality of life, or your ability to meet your own needs. Your loved ones could testify how it has impacted life in your household, including your ability to meet their needs.
At the end of the trial, the jury will determine not only if the defendant was responsible for your concussion, but also if you are entitled to compensation.
Contact us today
The process of filing a lawsuit and pursuing a concussion claim can be long and time-consuming. To ensure you maximize your chances of compensation, it is critical that you hire the right attorney for your case.
At Douglas & London, we have extensive experience handling car accident cases that involve concussions or other head injuries. We understand how devastating they can be– and are dedicated to helping you recovering compensation for them. To discuss how we can help, set up a free initial consultation with us today.