Are there any special considerations when filing a brain injury lawsuit?
Yes, there are a few special considerations when filing a brain injury lawsuit in New York. Firstly, it is important to note that filing a lawsuit related to a brain injury can be a lengthy and complex process. Therefore, it is recommended to contact experienced legal counsel who specializes in brain injury law to ensure that all of the necessary legal steps are taken. Another special consideration is the statute of limitations. This time limit, which is set by the state, outlines the amount of time a person has to file a lawsuit after an injury has occurred. New York state has a three-year statute of limitations for most personal injury claims, including those related to brain injuries. When bringing a brain injury lawsuit, it is important to provide a detailed account of the injury and the costs associated with it. This includes an extensive list of medical bills, rehabilitative care, and any wages lost due to the injury. In addition, the plaintiff must prove that the injury was caused by another person’s negligence. Finally, the court may consider any amount of compensation sought by the plaintiff. It is important to demonstrate to the court that the full amount being requested is necessary for the injured person to adequately recover from the brain injury. Once this is done, the court can then assess any damages that may be awarded.
Related FAQs
What types of medical costs can be covered in a brain injury case?What is a “loss of consortium” claim?
What should a person with a brain injury do to protect themselves legally?
What is the difference between a closed head injury and a mild traumatic brain injury?
What is the difference between a traumatic brain injury and a mild traumatic brain injury?
What is the process for filing an appeal after a brain injury settlement?
What are “catastrophic” brain injuries?
What is the difference between a traumatic and an acquired brain injury?
What is the difference between a jury award and an out-of-court settlement in a brain injury case?
What is moderate traumatic brain injury (TBI)?
Related Blog Posts
Understanding Your Rights in a Brain Injury Lawsuit - July 31, 2023Navigating the Cost of a Brain Injury Lawsuit - August 7, 2023
The Benefits of Hiring a Brain Injury Attorney - August 14, 2023
Recognizing Signs of Brain Injury After an Accident - August 21, 2023
What You Need to Know About Brain Injury Liability Claims - August 28, 2023