Managing Partner
A traumatic brain injury, or TBI, is more than just a bump to the head. It dramatically alters an individual’s cognitive functioning, behavior, and personality. Car accident victims frequently experience TBIs, and they are often unsure of what to do next.
Understanding your rights, potential damages, and the timeline for taking legal action is important. The compassionate New York personal injury attorneys of Dell & Dean PLLC are here to guide you each step of the way in your claim.
Your Rights After an Accident
If you were in a car crash, you have the right to seek compensation for your injuries. Although New York is a no-fault state, which means victims can seek insurance coverage for losses irrespective of fault, there are situations in which victims can step outside this system and file a lawsuit.
The no-fault system generally prevents victims from filing a lawsuit unless they sustain a serious injury. ”Serious injury” is a legal term in New York. Fortunately, a TBI is considered a serious injury which therefore allows the victim to file a lawsuit.
Even with a lawsuit, it is possible that your case will settle during mediation. You have the right to have an attorney represent you during settlement negotiations, including mediation, to try to reach a settlement. But if you cannot reach a fair settlement you can take the matter to trial.
Your Possible TBI Damages
Filing a lawsuit for TBI-related damages is important because victims tend to have significant medical bills and lasting consequences stemming from their injuries. Depending on the facts of your accident, you may be able to seek the following:
- Economic damages: These cover losses, the value of which is fairly objective and relatively easy to calculate. They include past and future medical bills, rehabilitation and long-term care expenses, mental health treatments, and past and future lost income stemming from the TBI.
- Non-economic damages: By contrast, non-economic damages are more subjective. TBI victims often seek compensation for such losses as pain and suffering, emotional distress, and decreased enjoyment of life.
- Punitive damages: You may have the right to claim these damages, which are intended to punish particularly wrongful conduct and deter future incidents of it. Most cases do not qualify for punitive damages, so ask your New York personal injury attorney about them.
Deadlines and Timelines You Need to Know About
There are certain deadlines that all New York car accident victims need to know about. These are just a few of them:
- 10 days after the crash: File an incident report with the DMV if the crash resulted in injury, death, or property damage exceeding $1,000.
- 30 days: To file a no-fault claim with your insurance company, but you should notify them much sooner and we can assist you with this.
- 90 days: For a claim involving the Motor Vehicle Accident Indemnification Corporation (MVAIC), a New York agency that processes accident claims involving uninsured drivers.
- 90 days: To file a notice of claim (before you file the lawsuit) if a government-owned vehicle was involved in your accident. Lawsuits against the New York government are complex, so consult an attorney.
- One year and 90 days: To file a lawsuit against the government, if it was responsible for the car accident.
- Three years: The deadline to file most car accident lawsuits, including those involving TBI that allow the victim to step outside the no-fault system.
The three-year deadline is likely the most relevant, although others could apply. If you file outside the applicable deadline, known as the statute of limitations, the court will dismiss your lawsuit. It’s strongly advised that you see a New York car accident lawyer soon after the wreck.
Once you file a lawsuit, the timeline of your case will depend on various factors. These include:
- The severity of your TBI and other injuries
- Your likely need for long-term care and disability
- The impact of the TBI on your income-earning ability
- The value of your non-economic damages
- Whether punitive damages are possible
- The attitudes of the at-fault parties, their lawyers, and their insurers
- The quality of legal counsel you retain
Some accidents can settle fairly quickly, while those with significant damages tend to take longer due to the amount of compensation at stake. Your New York accident attorney will work to expedite the process where possible while advocating for your best interests.
Standing Up For TBI Victims in New York
Did you or a loved one get into a car accident that caused a TBI? If so, you only have a limited amount of time to explore your legal options. Get started with Dell & Dean PLLC by reaching out to our team today.
