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Brain Injury Attorney in Schenectady, NY

Brain damage can significantly impact your life in various ways, affecting both your physical and cognitive capabilities. When you sustain a head injury caused by someone else’s actions, it’s essential that you take the proper steps to seek compensation for your past and future expenses. Some head trauma can have lasting effects for the rest of your life, and brain injury compensation will be vital for covering your long-term treatment and care.

At Dalmata, Maloy, & Burke, LLP, we have over 30 years of experience in personal injury law, with a proven track record of successfully recovering compensation for accident victims in New York’s Capital Region. Our lawyers are available 24/7 and have quick response times to calls, messages, and emails. Moreover, we emphasize personalized representation and close client relationships that keep our clients coming back.

Contact us today for a free, no-obligation consultation with a Schenectady brain injury lawyer. We’ll guide you through the stages of a brain injury lawsuit, discuss your legal options, and determine the compensation you may be entitled to. You pay nothing upfront for us to begin working on your case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Traumatic Brain Injury Claim

As brain injury lawyers in Schenectady, we at DMB Legal can provide the help you need with your claim. We start by investigating the cause of your brain injury to identify the at-fault parties and collect evidence connecting their actions to your injury.

However, evidence of the at-fault party’s involvement in the incident isn’t the only evidence you need in a brain injury case. Because these injuries typically aren’t visible, your lawyer must also gather robust medical evidence demonstrating the extent and severity of your brain injury. This may include your medical records, MRI scans, and testimony from medical professionals.

After gathering all the necessary evidence, your attorney will determine a fair value for your case and file a lawsuit against the responsible party. Before your case goes to trial, your lawyer will attempt to negotiate a settlement with the at-fault party’s insurance company. If the insurer refuses a fair settlement, we will take your case to court to seek the maximum compensation.

Reach out to DMB Legal today to schedule your free, confidential case review and discover the difference we can make for your traumatic brain injury case.

Who Can Be Held Liable for a Traumatic Brain Injury?

The party that can be held liable for a traumatic brain injury in Schenectady, NY, depends on the circumstances of the incident that caused the injury. For example, if your TBI resulted from a car crash, the at-fault driver could be liable. Another example would be if your TBI resulted from a slip-and-fall accident, in which case the property owner may be held responsible.

In some cases, there may be multiple liable parties, and your lawyer must identify each of them to maximize your compensation. The more liable parties you can spread your compensation across, the less their individual insurance policy limits will affect your total recovery.

When you work with DMB legal, we can assess your brain injury claim and its circumstances to determine who could be held liable. Contact us today for a free, confidential case review.

What Types of Compensation Could Be Available in a Traumatic Brain Injury Lawsuit?

The compensation available through a TBI lawsuit covers several key types of losses related to your injury, including the following:

Past and future medical expenses, including prescription medications, surgeries, physical therapy, medical treatments, and medical devices
Lost wages and loss of future earning capacity caused by your brain injury, impacting your ability to work in the same capacity as you could before your injury
Physical pain and suffering caused by your TBI, including chronic headaches
Emotional distress caused by your TBI, including anxiety, depression, post-traumatic stress disorder, and other cognitive symptoms
The effect of your permanent disabilities on your daily life, including how they impact your ability to engage in activities you once enjoyed, and any costs associated with long-term treatment or care

Our brain injury law firm can review your case to determine the compensation you may pursue. Contact us today for a free, no-obligation consultation.

How Long Do I Have to File a Traumatic Brain Injury Lawsuit in New York?

Under New York’s statute of limitations, TBI victims have three years to file lawsuits against the parties responsible for their injuries. Failure to meet this deadline will result in the courts preventing you from seeking the compensation you need, which is why you must work with an attorney who can file your lawsuit on time.

In some cases, this three-year time limit may be postponed, such as if you were in a coma due to your injury or suffered from severe cognitive impairment. In these cases, the time limit may not begin counting down until you have recovered from your condition and are legally competent.

What Are the Types of Traumatic Brain Injuries?

The two main types of brain injuries are penetrating and non-penetrating TBIs. A penetrating TBI is exactly what it sounds like, as it occurs when an object penetrates the skull and damages the brain. A non-penetrating TBI occurs when an object does not penetrate the skull. This can still damage the brain due to the blunt force trauma, causing the brain to strike the inside of the skull.

Some brain injuries are known as coup-contrecoup injuries, where the brain sustains damage on two opposing sides. This typically occurs if the brain strikes one side of the skull and then the other due to violent shaking, such as in a car accident.

TBIs can also range in severity, from mild to moderate to severe. A mild TBI may include a concussion that the victim recovers from with rest, while moderate and severe TBIs tend to result in longer-term or permanent impairment.

What Are Common Causes of Brain Injuries?

Causes of brain injuries vary widely. Any incident that results in a blow to the head or violent shaking can cause brain damage. Some of the most common causes include the following:

Falls – Slips, trips, and falls from height can cause TBIs if you strike your head on the ground or another object during the fall. These incidents often result in non-penetrating TBIs, although a penetrating TBI can occur if you hit your head on the corner of a table, for example.
Vehicle Collisions – Car, truck, and motorcycle accidents are among the leading causes of TBIs. Pedestrians and cyclists struck by vehicles can also sustain severe brain injuries due to the blunt force trauma involved.
Sports Injuries – Brain injuries can occur in contact sports like football and hockey, where players frequently collide at high speeds.
Penetrating Injuries – Any time an object penetrates the skull, it can do serious damage to the brain. Penetrating injuries often require surgery to extract the penetrating object and pieces of the skull.
Violence – Physical assaults and gun violence may cause TBIs when victims are struck in the head.
Explosions – While less common than some other causes of brain injuries, the force of an explosion can cause internal organ damage, including to the brain.

What Are Symptoms of a Traumatic Brain Injury?

The symptoms experienced after a traumatic brain injury can broadly be classified into two categories: physical and cognitive symptoms. Depending on the severity of your TBI, these symptoms may vary, and they may include the following:

Physical TBI Symptoms

After sustaining head trauma, you may experience nausea, vomiting, dizziness, headaches, blurred vision, and increased fatigue. More severe TBIs may result in loss of consciousness, weakness in the extremities, and balance and coordination issues.

Cognitive TBI Symptoms

The long-term cognitive effects of a TBI may include memory issues, difficulty concentrating, trouble with problem-solving and decision-making, and language comprehension impairment that can impact speech. Behavioral changes may also become permanent, depending on the specific areas of the brain that are damaged and how they heal.

What Are the Long-Term Impacts of a Brain Injury?

While many TBI symptoms go away over time, particularly if your TBI was mild, this isn’t always the case. TBI victims may experience long-term impacts that can significantly reduce their quality of life in several ways, such as the following.

Physical Impacts of a TBI

A TBI can cause permanent physical impairment, including weakness and numbness in the limbs that impact motor skills. They can also cause sleep disorders, seizures, and long-term fatigue that makes it difficult to perform daily tasks.

Cognitive Impacts of a TBI

The long-term cognitive effects of a TBI may include memory issues, difficulty concentrating, problem-solving and decision-making trouble, and language comprehension impairment that may impact speech. Behavioral changes may also become permanent, depending on the damaged parts of the brain and how they heal.

What our clients have to say

“I hired Attorney Dalmata after firing my previous attorney in my divorce. He spotted a few discrepancies in the documentation he was supplied and quickly moved to get more information. He is a no nonsense attorney that felt the way I did, get in and get out, however the other attorney didn’t quite feel the same. His suggestions and guidance might have, at times, been met with some disapproval from me, but in the end, he did a fabulous job and I wouldn’t hesitate to use him again (he might feel differently lol).”

Dawn H.

“I recently was fighting a very sensitive and personal case against a major company. Matt and Tom at the Dalmata, Maloy & Burke, LLP were so sensitive and diligent with the case from the start. They were not only my attorneys but they became an emotional support team. Matt is a great attorney he treats people with respect and as a person, not just another case and client. This was the second time doing business with the firm. I have recommended acquaintances to the firm in the pass and if the need ever came up I’d call them again. Thanks to the team.”

Brandi M.

“I had the pleasure of working with Matt Simone at the Dalmata, Maloy & Burke, LLP. I have to say it was the best experience I have ever had with a lawyer. He made me feel very comfortable working with him and was able to get the best possible result I could have asked for with my case. I would strongly recommend him for anyone who is looking for legal advice in the Albany/Schenectady area.”

Christopher H.

“Recently I had the opportunity to hire Dalmata, Maloy & Burke, LLP for a personal injury lawsuit. A personal injury lawsuit can be very stressful and thanks to Dalmata, Maloy & Burke, LLP I made it through keeping my sanity and dignity. My final settlement was very rewarding thanks again to my lawyer who diligently worked for me and took a sincere interest in my case. At this time, I would like to personally thank my attorney John Massaroni for his perseverance and professionalism.”

Sandra L.

”I, Jay Brundage the owner of a real estate development company have used this law firm for over the past 12 years and from the paralegal Rebekah to the partners themselves have had only good relationship with them through a myriad of different transactions. They get results and give the same attention to detail whether the case is big or small. You can’t go wrong with them as they are first class all the way.”

Jay B.

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Contact a Schenectady, NY, Traumatic Brain Injury Lawyer Today

The treatment available for a traumatic brain injury differs depending on its severity, symptoms, and the part of the brain affected.

For a mild brain injury, treatment options may include rest and pain relief medication for headaches. More severe brain injuries may require surgeries to relieve pressure in the skull or remove skull fragments penetrating the brain. You may also require prescription medications to prevent seizures and other cognitive impacts of the injury.

Many brain injury victims also require physical therapy to help them regain mobility, and some may need speech therapy, occupational therapy, and mental health counseling.