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3 FAQs About Car Accident Claims Involving Head Injuries

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3 FAQs About Car Accident Claims Involving Head Injuries

A traumatic brain injury (TBI) can have lifelong repercussions that impact the victim’s relationships, career, independence, and general wellbeing. While no amount of money can undo the tragic effects of a TBI, it may be possible to recover compensation for any resulting medical bills, lost income, pain and suffering, and other damages. 

If you or someone you love is recovering from a serious head injury following a car accident, you may be wondering how to hold the liable party financially accountable. Read on to learn the answers to some of the most frequently asked questions on the subject:

  1. How Can I Prove the Severity of My TBI?

Before you can recover a single dollar in a brain injury claim, you must prove that you did, in fact, suffer a head injury. You must also prove the cost of the damages you’ve incurred as well as the damages you’re reasonably certain to incur in the future. This is where a seasoned brain injury attorney can help. 

Below are a few kinds of evidence your lawyer might use to prove the severity of your TBI:

  • Testimony from psychologists;
  • Testimony from neurologists;
  • Testimony from your primary care physician, psychiatrist, and/or occupational therapist; 
  • Medical records;
  • Data regarding injuries similar to yours;
  • Your personal journal entries recounting the ways in which the TBI has affected your life; and
  • Testimony from friends, family members, and colleagues regarding the changes they’ve noticed in your mood, demeanor, and capabilities since the accident.  
  1. How Can I Prove the Value of Damages?

Much of the evidence your attorney uses to prove the severity of your head injury can also be used to demonstrate the value of damages. Other evidence of damages may include:

  • Hospital bills;
  • Health insurance statements;
  • Pay stubs detailing any missed work;
  • Quotes for repairing or replacing any damaged property;
  • Quotes for remodeling your home to accommodate any resulting disabilities; and
  • Records, receipts, and invoices for child care, home care, and domestic help.
  1. How Long Will It Take to Resolve My Case?

The costs associated with treating a traumatic brain injury can add up fast. You may be tempted to pursue a quick settlement, but it’s often wise to postpone settlement negotiations until reaching maximum medical improvement. That way, your attorney will be in a better position to approximate the cost of future medical bills and lost income. Other factors that could affect the duration of the proceedings include the strength of your evidence, whether the insurance company is willing to cooperate, and whether your case ultimately ends up in court.

Call 212-421-0300 to Speak with a Brain Injury Attorney in New York City 

If you sustained a TBI in a car accident that was not your fault, contact The Law Office of Richard M. Kenny to determine the most strategic way to proceed. Attorney Richard M. Kenny has nearly three decades of experience in legal practice and a track record of success against some of the largest insurance carriers in New York. Call 212-421-0300 or use our Online Contact Form to set up a free case evaluation with a brain injury lawyer in New York City.


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Whether you need a Bronx car accident lawyer, birth injury lawyer, construction accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped hundreds of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.


If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (646)-808-3785.


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