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Types of Head Injuries Common in Auto Accidents

Types of Head Injuries Common in Auto Accidents

Given the force and impact of an auto accident, head injuries are common for car crash victims. Head injuries can range from mild to severe, with the worst injuries causing permanent disability or even death. If you or someone you know has suffered a head injury in a New York auto accident they deserve to be compensated for the harm caused to them by those responsible for the crash.At the Law Offices of Justin D. Brandel our experienced auto accident attorneys zealously advocate on behalf of accident victims suffering from head injuries, and we are prepared to do the same for you. To learn more about our wide range of legal services for accident victims, call or contact our office today.

Scalp Laceration

Auto accidents routinely result in sharp debris being thrown around inside a vehicle after a crash. One head injury that can result is scalp lacerations. This type of injury occurs when sharp objects like metal or glass cut the head and scalp of a victim. Scalp lacerations may require stitches or even plastic surgery to fix after an accident in order to avoid permanent disfigurement.

Concussion

A concussion is the most common type of head injury in an auto accident. A concussion can cause mild symptoms that disappear in a matter of days to severe issues that can last for years and cause disability. Symptoms of a concussion include headache, loss of consciousness, nausea or vomiting, fatigue, agitation, slurred speech, clear fluid running from ears and nose, lack of coordination, and confusion. An accident victim should seek immediate medical treatment after an accident to diagnose the severity of a concussion injury.

Contusion

A contusion is also referred to as a brain bruise. This type of injury occurs when a force or object impacts the head from the outside, causing the brain to rattle inside of the skull. Contusion injuries can be mild or life threatening. Serious brain contusions can lead to brain herniation and swelling, which requires major surgery and immediate medical attention to avoid permanent injury or death. Symptoms of a contusion on the brain include cognitive changes, difficulty forming new memories, numbness or tingling, difficulty with balance or coordination, slurred speech, difficulty concentrating, and difficulty forming sentences.

Diffuse Axonal Injury

A diffuse axonal injury is another common injury in car accidents, especially those at high speeds, which occurs when significant forces are exerted on the head and brain typically from severe rotation or shaking. If the brain is moved forcefully within the skull hard enough, it can compromise the connection with the rest of the body and tear or shear fibers within the brain stem. Diffuse axonal injuries are almost always severe and auto accident victims suffering from this injury routinely end up in comas after a crash. Signs of a possible diffuse axonal injury include headache, vomiting, nausea, dizziness, fatigue, and a loss of consciousness.

Coup-Contrecoup

A coup-contrecoup head injury also occurs when a substantial force or impact with an object occurs in an auto accident. This type of injury causes two injuries inside the head. The first injury occurs at the site of the impact, known as the coup, and the second injury occurs on the opposite side of the brain, known as the contrecoup. The force in an accident must be significant enough to impact the brain with enough force to cause damage on both sides. Signs of a coup-contrecoup accident include bleeding and swelling of the brain, skull fracture, loss of consciousness, headaches, seizures, dizziness, confusion, fatigue, nausea, vomiting, memory issues, mood disturbance, blurred vision, slurred speech, sensitivity to light and sound, and tinnitus in the ears.

Open Head Wound

An open head wound, or open head injury, involves the victim of an auto accident receiving a cracked or fractured skull in the crash in addition to a brain injury. Blood loss is common, as is swelling of the brain. This type of injury also runs the risk of infection and additional complications because of the open nature of the wound, and debridement is often required if debris from an auto accident gets into the wound. 

Penetration Head Wound

A penetrating head wound is a form of an open head wound that occurs when an object penetrates the skull and brain in an auto accident. A penetrating head wound routinely causes swelling of the brain and requires immediate surgery to remove the object and release the pressure inside the skull. Wound debridement may also be necessary for a penetrating head wound, as serious complications can arise from leaving pieces of an outside object inside the skull and brain. While a penetrating head wound is normally easy to identify, complications that can result from this type of injury include heavy blood loss, bleeding from the ears, seizures, difficulty breathing, loss of movement or sensation in limbs, paralysis, loss of consciousness, loss of bowel control, and coma.

Acquired Brain Injury

The last type of head injury seen in New York auto accidents is an acquired brain injury. This type of injury is different from other types of head injuries because the injury occurs inside the body and not from external forces. Two of the most common acquired brain injuries include anoxic and hypoxic injuries. Anoxic acquired brain injuries occur when the brain does not get enough blood to continue functioning properly, and hypoxic acquired brain injuries occur when the brain does not get enough oxygen to continue functioning properly. Lack of blood or oxygen starves the brain cells, which can permanently damage or kill the cells, causing permanent brain injury as brain cells do not regenerate. Victims of auto accidents that suffer acquired brain injuries often require a lifetime of additional care. 

To Learn More, Call Our Office

Head injuries caused by auto accident can be serious, costly, and result in permanent disability for crash victims. If you or a loved one has suffered a head injury in a New York auto accident the knowledgeable and experienced personal injury attorneys at the Law Offices of Justin D. Brandel are ready to help. Call the office or contact us today to schedule a consultation of your case now. 

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Falling From a Ladder at a Construction Site

Falling From a Ladder at a Construction Site

Falling from a ladder is one of the most common workplace accidents, especially on a construction site. According to the Centers for Disease Control and Prevention, around 20% of all workplace accidents involve falling from a ladder, and that statistic skyrockets to 81% when looking specifically at construction site injuries. At the Law Offices of Justin D. Brandel, our team of dedicated legal professionals understands the seriousness of falling from a ladder at a construction site and will zealously advocate for the compensation you deserve for your injuries. To learn more about your legal options after a ladder fall accident, call or contact our office today to schedule a case evaluation.

Common Causes of Ladder Falls at Construction Sites

According toOSHA, over 20% of all worker deaths were in the construction industry, and of those the number one cause of fatal accidents involved a fall. One-third of all fatal construction site accidents, a total of 338 fatalities, were caused by falling from a ladder or scaffolding. Thousands more are injured every year from falling off ladders at construction sites, and there are many reasons why ladder falls happen. Some of the most common causes of ladder falls on construction sites include the following:

  • Construction site negligence
  • Greasy ladder steps
  • Reckless behavior
  • Defective ladder or safety equipment
  • Poorly maintained equipment
  • Failure of ladder safety features
  • Improperly installed or missing safety features, such as guard rails, base plates, and side brackets
  • Installation on unstable, slippery, or uneven surfaces
  • Loading a ladder beyond its capacity
  • Placing a ladder in a passageway where it is likely to be moved or shifted by other workers, and more.

Injuries Caused by Ladder Falls

When a worker falls from a ladder at a construction site, the injuries can be severe, and in some cases, permanent. Falling from a height off a ladder results in a powerful and jarring force upon impact on the body that can result in both external and internal injuries. Injuries reported after a ladder fall routinely include the following:

  • Traumatic brain injuries
  • Skull fractures
  • Facial trauma
  • Neck injuries
  • Spinal cord injuries
  • Back and spine injuries
  • Broken bones
  • Dislocated joints
  • Nerve damage
  • Soft tissue damage
  • Internal bleeding
  • Internal organ damage
  • Paralysis
  • Death

Many injuries caused by a fall from a ladder require substantial medical treatment, including surgeries, scans, medication, and significant rehabilitation. In some cases, the injuries result in permanent disability for a worker so that they can never return to work and may require a lifetime of additional care. Ladder fall injuries cause physical, emotional, and financial harm to workers that deserve to be compensated to the fullest extent under New York law.

Compensation for Falling From a Ladder

Compensation for injuries caused by a ladder fall at a construction site include the full range of workers’ compensation benefits. This includes coverage of all related medical bills, temporary total disability while recovering, temporary partial disability for return to light work, permanent partial disability for lasting injuries, and permanent total disability for the most serious injuries in ladder falls that result in being unable to return to gainful employment. In the worst cases, ladder falls result in the death of the victim. Family members may be eligible to collect workers’ compensation death benefits, which includes payment for dependents as well as coverage of all funeral expenses.

Depending on the specifics of your case, third parties may also be personally liable in accidents involving a ladder fall. This may mean that you are eligible to receive additional compensation along with or instead of workers’ compensation benefits. This could include compensation for the economic and noneconomic harms caused by the fall, including medical expenses, property damage, lost wages, pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life. To learn more about the potential compensation in your case, talk to an experienced construction site accident attorney today.

What Steps to Take After a Ladder Fall

There are important steps that you should take after a fall from a ladder at a construction site in order to preserve your claims. First, you should seek immediate medical treatment for a full diagnosis of your injuries and care from a medical professional. Some injuries like traumatic brain injuries or internal bleeding may not present immediately after an accident but do require immediate care. This also creates contemporaneous documentation about the nature and extent of your injuries immediately after the accident, which can serve as powerful evidence when negotiating a settlement with insurers.

If possible, take pictures and video of the scene of the accident. Where was the ladder located, were there any substances on the ladder, and what conditions exist that make the situation dangerous? Save the ladder that the fall took place on if you can. Get the contact information of anyone at the construction site that witnessed the accident, as their testimony may be important for your lawyer.

You should also inform your employer of the accident and your injuries. New York workers’ compensation law requires that notification be made within 30 days of the accident, or else you risk losing your right to file a claim for workers’ compensation benefits. Finally, you should seek the services of a knowledgeable and experienced New York personal injury attorney who has successfully represented construction site workers injured on the job. A lawyer can skillfully negotiate the maximum in workers’ compensation benefits for your claim and investigate whether you are entitled to any other damages for your injuries.

Call or Contact Our Office Now

Have you or a loved one suffered a fall from a ladder at a construction site? You may have a claim for substantial compensation for the negligent or reckless conditions that caused the accident. To learn more about your legal options after a ladder fall, call the office or contact us today at the Law Offices of Justin D. Brandel in New York to schedule a consultation of your case. 

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What Questions to Ask When Finding a New York Personal Injury Attorney

What Questions to Ask When Finding a New York Personal Injury Attorney

The days and weeks following an accident can be a scary, painful, and confusing time for an injury victim. It can be difficult to know what to do or who to talk to about what comes next. Once the decision is made to hire a personal injury attorney, the process of finding the right lawyer for you begins. At the Law Offices of Justin D. Brandel, our team of highly qualified legal professionals understands the importance of finding the right attorney for you after an accident and what questions you should be asking when talking to lawyers about your claim. Call or contact our office today to learn more.

Experience

One of the most important aspects of a discussion with a potential personal injury attorney for your case is ensuring that they have the experience necessary to zealously advocate on your behalf.

  • How many personal injury cases have you handled? Ask specifically how many personal injury cases the attorney has handled over the course of their career. How many years have they been in practice, and what percentage of their practice is dedicated to personal injury claims? You want a lawyer who is dedicated to the specific field of personal injury claims, not someone who only spends a small portion of their time on this type of work.
  • How many claims like mine have you represented? Not only do you want a lawyer that is dedicated to personal injury, but you also want an attorney who has experience specifically handling your type of injury claim. Not all accidents are the same, and your attorney should have experience successfully advocating for injury victims who have experienced similar accidents to your case.
  • Will you be the one handling my case? In some cases, you will meet with an attorney at a firm for an initial consultation only to discover after you have secured their services that the case is actually being handled by an associate with less experience. Be candid in asking who specifically will be litigating your claims, as larger firms are not always upfront with that information.
  • What do you think my case is worth? A personal injury attorney with experience handling your type of claim should be able to provide you with an estimate on what your case might be worth, given the specifics of your case. While no attorney can guarantee a monetary result in an initial consult, a lawyer should be able to provide some guidance on what to expect in compensation.

Time and Case Progression

Another important element to discuss in any interview with a personal injury attorney involves the amount of time invested and the possible case progression of your claim. You want to find a lawyer who will dedicate their time to your case and has the experience to take your claims to trial.

  • Typically, how long does it take you to resolve a case like mine? If a lawyer has had experience with your type of personal injury case, they should be able to give you an estimate of how long this type of claim takes to resolve with insurers. They should be able to tell you how long this type of case usually takes to settle with the insurance companies as well as how long the case could take if it goes to trial. You want a lawyer that is both efficient and effective in litigating your case.
  • Will my case go to trial, and what is your success rate at trial? In some personal injury cases, the insurance companies disagree about fault, the extent of damages, or other issues in the case that ultimately go to trial. A lawyer should be able to tell you, based on the specifics of your case, what the chances are that your case will go to trial. Furthermore, you should ask what that attorney’s success rate is for clients at trial. You want a lawyer who has successfully litigated cases to a judge and jury representing your interests in court. 

Fees and Costs

Discussing fees and costs associated with your claim is also critical in your discussion with potential personal injury attorneys. You need to know before you hire a lawyer what costs you are expected to cover both before, during, and after the case.

  • What are your fees? Most personal injury attorneys work on contingency. This means that the client does not pay unless the lawyer secures compensation. On contingency, an attorney’s fees are collected as a percentage of the compensation awarded for their client. However, a few personal injury attorneys work on retainer, which requires the client to pay thousands of dollars upfront for representation. This can be extremely difficult for some personal injury victims who are already struggling with medical bills and lost wages.
  • Will I be responsible for any case-related costs if we lose? Relatedly, it should be crystal clear whether you will be responsible for any case-related costs if your claim is unsuccessful. Some lawyers will require their clients to pay for costs like copying, requesting records and files, and court costs even if no compensation is won in the case. Be sure to ask specifically what, if any, costs you will be responsible for in any outcome of the case.

Referrals

Referrals Finally, you should be able to ask a personal injury attorney for referrals of previous satisfied clients. If a lawyer cannot give you a referral to a past client, that is a red flag. It means that either the attorney does not have any relevant experience with personal injury cases or that their work with clients is extremely suspect. A lawyer should be able to give you referrals not just for past clients, but for satisfied clients with your type of claim.

Talk to Our Firm Today

If you would like to sit down and have a conversation with a New York attorney dedicated to personal injury cases about your claim, call the office or contact us today at the Law Offices of Justin D. Brandel to schedule a consultation. 

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Accidents on a Snowy or Icy Sidewalk

Accidents on a Snowy or Icy Sidewalk

New York City receives considerable amounts of snow and ice every winter that can lead to dangerous situations, such as an icy sidewalk. It is a matter of public safety that sidewalks are kept free of ice and snow during this time. Property owners, occupiers, and the city all have a duty to keep sidewalks around their premises clear of icy and snowy conditions to prevent accidents and injuries. At The Law Offices of Justin D. Brandel in New York, our team of highly qualified legal professionals is here to help you navigate the complicated process of filing a claim for damages after being injured on an icy or snowy sidewalk. Call or contact the office today to learn more about your legal options.

Who is Responsible for Ice and Snow Accidents?

In order to protect the safety and well-being of its citizens, New York has laws in place that require the timely removal of ice and snow from sidewalks. Generally speaking, property owners and occupiers have four hours from the time that snow stops falling to remove ice and snow from the sidewalks surrounding their premises. It must be done in a way that does not create further hazards, such as piling the snow in a place that blocks a crosswalk, and when hard ice cannot be removed the property owner or manager must spread sawdust or other materials to minimize the dangerous condition for others.

The only exception to this rule is when snow stops falling between 9:00 p.m. and 7:00 a.m., in which case the four hour limit begins tolling at 7:00 the next morning. Those property owners and occupiers who do not clear the ice and snow from their surrounding sidewalks face fines and jail time for multiple violations in addition to facing civil liability for any injuries that result from their negligence.

Snow and Ice Liability for Property Owners

Under New York premises liability laws, property owners and occupiers may be held liable for any injuries that result from icy or snowy sidewalks on their premises if they are negligent in properly clearing the space of hazards. In order to hold property owners or managers liable in an accident involving icy or snowy sidewalks, the following elements must be proven to the court:

  • The property owner or occupier created a hazardous condition by not clearing the ice and snow from the sidewalk in a timely manner
  • They knew about the ice or snow and did nothing to correct the conditions, or
  • Should have known about the icy and snowy sidewalks because a reasonable person maintaining the property would have discovered and corrected the hazardous condition

Premises liability law applies to all property owners, occupiers, and managers of commercial and residential spaces. If a snow removal company has been contracted to remove ice and snow from a property’s sidewalks and fails to do so before an accident occurs, the snow removal company may share in the liability with the premise’s owner or occupier. Furthermore, if the sidewalk is maintained by a government agency, they may also be held liable for any injuries caused by an accident on their icy and snowy sidewalks. Talk to a lawyer today to determine who may be liable in your case after an accident on an icy or snowy sidewalk in New York.

Injuries Caused by a Snowy or Icy Sidewalk

Ice and snow on sidewalks might not seem like a serious issue, but accidents caused by icy and snowy sidewalks can cause devastating injuries for victims. In some cases, the injuries can be so severe they result in permanent disability and even death. Some of the most common injuries caused by accidents on icy and snowy sidewalks include the following:

  • Head injuries
  • Traumatic brain injuries
  • Neck injuries
  • Facial trauma
  • Broken bones
  • Sprains and strains
  • Torn tendons and ligaments
  • Nerve damage
  • Frostbite, and more.

An experienced personal injury attorney will be able to review the facts of your case to determine what you are owed for your injuries after an accident on an ice or snow-covered sidewalk in New York.

Compensation for Injuries Caused by Icy and Snowy Sidewalks

Compensation for injuries caused by icy and snowy sidewalks includes payment for both economic and noneconomic damages. Economic damages refer to all out of pocket costs incurred by the injuries caused by icy and snowy sidewalks. This can include all medical bills, lost wages, property damage, and loss of future income and benefits. Noneconomic damages compensate the victim for their pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life caused by their injuries. In the worst ice and snow accidents on New York sidewalks, the injuries can be fatal for victims. When a victim dies, their family can seek compensation in the form of a wrongful death lawsuit.

Compensation for wrongful death includes payment for all final medical expenses, any pain and suffering of the victim, funeral and burial expenses, and for the loss of love, companionship, guidance, and counsel of the deceased.

It is important that you speak with an experienced New York personal injury attorney as soon as possible after an accident, as state law only allows a short window of time in which to file a claim for damages. Personal injury claims against business owners and other negligence claims must be filed within three years from the date of the accident, and wrongful death claims must be filed within two years of the date of death. For cases against the city for icy and snowy sidewalk claims, a notice must be filed within 90 days of the accident.

Talk to Our Office Today About Injuries Due to Icy Sidewalks

Ice and snow on sidewalks cause countless injuries and worse in New York City every winter. If you or a loved one has suffered injuries due to snowy and icy sidewalks it is critical that you speak with an experienced New York personal injury attorney right away. Call the office or contact us today at The Law Offices of Justin D. Brandel to schedule a consultation of your case.

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