In New York, when a person is injured in a car accident, receiving medical treatment is the most immediate concern. From emergency care and hospitalisation to rehabilitation and long-term medical care, the cost of medical treatment can become financially overwhelming. For many victims and their families, the first and most urgent question becomes, who will be responsible for medical expenses after an accident? In this post, the team at Gabriel Law will step into the shoes of an accident lawyer in New York and explain how traumatic brain injury treatment and other medical expenses are covered and what you need to do to protect your rights.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is an injury that can cause the disruption of normal brain function, caused by a sudden and powerful impact to the head. TBIs can be categorized as closed head and open head (penetrating) injuries.
In the first case, the skull remains intact, but the movement of the brain causes bruising, swelling, and shearing. On the other hand, open head injuries occur when an object pierces the skull and damages brain tissue.
Signs of potential TBI can include temporary dysfunction, headache, confusion, short-term memory loss, loss of consciousness, and severe cognitive and psychological impairment.
Is a Traumatic Brain Injury a “Serious Injury” in New York?
In New York, if you want to file a personal injury lawsuit to claim compensation for non-economic losses, you need to prove that you have suffered a “serious injury” or that your basic economic losses exceed $50,000. This begs the question, can TBI be considered a “serious injury” under New York law?
The answer is yes. According to the definition of “serious injury” presented in Section 5102 (d) of New York State Insurance Law, TBI can be interpreted as a ‘permanent consequential limitation,’ a cause of disfigurement, or a cause for temporary or permanent loss of function, or it can come under the 90/180 day rule. Overall, it is a widely accepted fact that TBI will constitute a “serious injury.”
Who pays for TBI treatment after an accident?
As your New York City auto accident attorney, we want to assure you that when it comes to medical expenses after an accident, especially for injuries such as TBI, there are multiple options to consider.
First, you have your insurance coverage. If you are injured in a car accident in New York, your insurance is your first point of compensation. Under your Personal Injury Protection (PIP) coverage, you can claim up to $50,000 for medical expenses, lost wages, and other related expenses. Since it is a no-fault insurance, this compensation is guaranteed, regardless of your fault in the accident. You may also be able to claim additional compensation from the liability insurance of the at-fault party.
If insurance cannot cover your medical expenses, you also have the option to file a personal injury lawsuit. As we’ve mentioned above, TBI can be considered a “serious injury,” allowing victims to claim compensation for economic and non-economic damages. Since there is no upper limit, the final amount can depend on the factors that influence your case. However, if you want to file a personal injury lawsuit, keep in mind that it must be done within three (03) years of the date of the accident.
Conclusion
Being injured in a car accident can be an overwhelming ordeal for the victim and their families. When the victim suffers serious injuries such as a traumatic brain injury (TBI), the most immediate and pressing question becomes, Who is going to take care of the medical expenses?
While there are multiple payment options available, getting the most out of them while protecting your rights will require the help of a skilled and experienced car accident lawyer in NYC. If you or one of your loved ones is facing challenges after a TBI, then Gabriel Law is here to help. You don’t have to navigate the aftermath alone. Contact us today and schedule your free and confidential consultation.