What Rights Do You Have After a Brain Injury in New York?

paul walter
3 min readDec 20, 2023

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Suffering a brain injury can be a life-altering experience, impacting not only the individual directly affected but also their family and loved ones. In the state of New York, individuals facing such challenges have legal rights that provide a pathway to justice and compensation.

In this article, we explore the rights one has after a brain injury in New York and the crucial role a New York City Brain Injury Lawyer plays in securing these rights.

New York City Brain Injury Lawyer

Navigating Rights Understanding Your Legal Recourse After a Brain Injury in New York

1. Right to Medical Care

Individuals who sustain a brain injury in New York have the right to receive appropriate medical care. This includes immediate emergency care, diagnostic tests, rehabilitation, and ongoing medical treatment.

A brain injury lawyer assists in ensuring that insurance providers cover the necessary medical expenses and that the injured party receives the care they need for recovery.

2. Right to File a Personal Injury Claim

Those who suffer a brain injury due to someone else’s negligence or intentional actions have the right to file a personal injury claim. This legal recourse allows individuals to seek compensation for damages such as medical expenses, lost wages, rehabilitation costs, and pain and suffering.

A skilled New York City brain injury lawyer plays a vital role in building a strong case to establish liability and secure fair compensation.

3. Workers’ Compensation Rights

If a brain injury occurs in the workplace, the injured party has the right to file a workers’ compensation claim. This includes coverage for medical expenses and, in some cases, compensation for lost wages.

A brain injury lawyer guides individuals through the workers’ compensation process, ensuring that their rights are protected and that they receive the benefits to which they are entitled.

4. Social Security Disability Rights

Severe brain injuries may result in long-term or permanent disabilities that prevent individuals from working. In such cases, individuals have the right to apply for Social Security disability benefits.

A New York City brain injury lawyer assists in navigating the complex application process, gathering the necessary medical evidence, and advocating for the approval of disability benefits.

5. Right to Rehabilitation Services

Individuals with brain injuries have the right to access rehabilitation services to aid in their recovery. This may include physical therapy, occupational therapy, speech therapy, and other specialized treatments.

A brain injury lawyer works to ensure that insurance providers cover these rehabilitation services and that the injured party receives comprehensive care to maximize their recovery potential.

6. Right to Compensation for Pain and Suffering

Beyond economic damages, individuals who suffer a brain injury in New York have the right to seek compensation for pain and suffering. This recognizes the emotional and psychological toll of the injury.

A brain injury lawyer will assess the impact of the brain injury on the individual’s quality of life and pursue appropriate compensation to address these non-economic damages.

7. Right to Legal Representation

Perhaps one of the most critical rights is the right to legal representation. Engaging the services of a skilled New York City brain injury lawyer is essential to navigating the complexities of personal injury law.

These attorneys bring expertise to the table, investigating the circumstances of the injury, gathering evidence, negotiating with insurance companies, and, if necessary, representing the injured party in court.

Conclusion

Suffering from a brain injury is a challenging and often overwhelming experience. However, individuals in New York have legal rights that provide a framework for recovery and justice. Seeking the assistance of a brain injury lawyer in New York is crucial in asserting these rights effectively.

For unmatched legal support in navigating the aftermath of a brain injury in New York, trust Siler & Ingber, LLP. Their dedicated team of New York City Brain Injury Lawyer stands ready to uphold your rights, guiding you through the complexities of personal injury law.

From securing comprehensive medical care to pursuing just compensation, Siler & Ingber, LLP, is committed to championing your cause and ensuring a path to recovery. Your journey to justice begins with the trusted advocacy of Siler & Ingber, LLP.

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