Birth Injury Law NY
Trusted Information for New York Families
The collateral source rule prevents accident victims from receiving duplicate payments for identical damages from multiple sources. In New York personal injury cases, including traumatic brain injury claims, this legal principle means you cannot recover the same expenses twice—once from your insurance and again from the negligent party. Under New
When a brain injury results from medical malpractice or negligence involving multiple parties, understanding who pays for your damages becomes critical. Joint and several liability is a legal doctrine that can significantly impact your ability to recover full compensation when more than one defendant shares responsibility for your injuries. In
If you or a loved one has suffered a brain injury due to medical malpractice or negligence in New York, understanding how damages are calculated is essential to your case. Unlike many other states, New York does not impose statutory caps on damages in brain injury cases, allowing victims to
When a brain injury occurs due to medical negligence, determining who is legally responsible can be complex. While the individual healthcare provider may have directly caused the harm, their employer—often a hospital or medical facility—may also bear legal responsibility under a doctrine called respondeat superior. Understanding this principle is crucial
When medical negligence causes a brain injury, determining who can be held legally responsible extends beyond the individual healthcare provider who made the error. Vicarious liability is a legal doctrine that allows injured patients to hold hospitals accountable for brain injuries caused by doctors, nurses, and other medical professionals working
When someone suffers a traumatic brain injury in New York, determining who is at fault can significantly impact the compensation they receive. New York’s comparative negligence law means that even if you share some responsibility for the accident that caused your brain injury, you may still recover damages—but your compensation
If you suffered a brain injury in an accident but had a previous brain condition, you may wonder whether you can still pursue compensation. In New York, pre-existing conditions do not prevent you from recovering damages when someone else’s negligence causes or worsens your brain injury. The law protects your
What Should You Do When Your Insurance Denies a Brain Injury Claim? When an insurance company denies your brain injury claim in New York, you have specific legal rights and remedies available. According to the New York Department of Financial Services, you can request an external appeal within four months
When your brain injury claim is denied, it can feel overwhelming and unfair. According to the CDC, there were over 69,000 TBI-related deaths in the United States in 2021, yet many legitimate claims face denial from insurance companies. Understanding why denials happen and what you can do about them is
Brain injury cases represent some of the most complex litigation in personal injury law. According to the CDC, approximately 214,110 TBI-related hospitalizations occurred in 2020, with 69,473 TBI-related deaths in 2021. These numbers represent more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day. When facing such serious injuries,
Choosing the right brain injury attorney can significantly impact the outcome of your case and your ability to secure fair compensation for your injuries. Brain injury cases involve complex medical evidence, significant financial stakes, and require specialized legal expertise that goes beyond general personal injury practice. Whether your injury resulted
When you or a loved one suffers a traumatic brain injury, selecting the right legal representation can determine whether you receive fair compensation or face financial hardship. According to the New York State Department of Health, nearly 157 incidents of TBIs occur in New York State daily, resulting in death
Brain injuries represent one of the most devastating outcomes of medical negligence. When healthcare providers fail to meet accepted standards of care, patients can suffer catastrophic and permanent neurological damage. According to CDC data, there were over 69,000 TBI-related deaths in the United States in 2021, and a Johns Hopkins
After a serious accident or medical complication, you might experience persistent headaches, memory problems, or personality changes that weren’t there before. These symptoms could indicate a traumatic brain injury, but recognizing the injury is only the first step. The critical question many New Yorkers face is whether their brain injury
When you or a loved one suffers a brain injury due to someone else’s negligence, understanding your legal rights and options becomes critical. A free brain injury case evaluation provides professional assessment of your situation without financial risk or obligation. During this consultation, experienced attorneys examine the circumstances surrounding your
When medical professionals treat patients with potential brain injuries, they must follow specific protocols and standards established by the medical community. The standard of care represents the level of skill, judgment, and treatment that reasonably competent healthcare providers with similar training would provide under similar circumstances. In New York brain
What Are the Elements of Medical Malpractice in New York? When you seek medical treatment in New York, you trust healthcare providers to deliver competent care that meets professional standards. When that trust is broken through negligent treatment, you have the right to pursue compensation for your injuries. However, winning
When medical professionals fail to provide proper care, patients suffer devastating consequences. In New York, medical malpractice claims require substantial proof to hold healthcare providers accountable. Understanding the legal requirements for proving medical malpractice is essential for anyone who has been harmed by negligent medical care. Medical malpractice occurs when
What You Need to Know About Erb’s Palsy Settlement Amounts in New York When a newborn suffers Erb’s palsy due to medical negligence during delivery, families face not only the emotional trauma of their child’s injury but also significant financial burdens. Understanding potential compensation through an Erb’s palsy settlement can
Hypoxic-ischemic encephalopathy (HIE) represents one of the most devastating birth injuries a family can face. When medical negligence causes this oxygen-deprivation brain injury during labor and delivery, the resulting physical, cognitive, and developmental disabilities often require lifelong care and support. HIE settlement amounts in New York reflect these profound, permanent
