On behalf of Albert Buzzetti & Associates, L.L.C. posted in Brain Injury on Friday, August 16, 2013.
Severe brain injuries can have a long-tem impact on the health and life prospects of victims. Due to this impact, and the costs associated with brain injuries, it can be important for victims to obtain compensation for injuries.
A New York man recently filed a personal injury action against the NYPD following injuries he claims were caused by a police cruiser. The man was riding on a dirt bike being driven by another man when the police car began to chase them. According to witnesses, the cruiser then struck the bike from behind; the driver was killed and the victim was launched into the air.
The victim suffered a traumatic brain injury as a result of the impact and is unable to move or communicate some time later, according to his sister. Although witnesses dispute the claim, the NYPD claims that the bike cut the police car off which is why police began to chase the bike. The accident is still being investigated and the officer driving the car is still actively working for the department.
Liability for any damages that result from a brain injury is assessed using the legal theory of negligence. The victim is asked to show that the defendant owed a duty to use reasonable care, that the duty was breached and that the victim suffered injury as a result. The amount of damages that a victim may be entitled to collect is based on an assessment that involves different factors. These factors include the victim's ability to work following the accident and in the future, the victim's current and future medical and therapy needs.
In many cases like this, an analysis of the evidence and further investigation may support a finding that another's negligence lead to an unfortunate brain injury. If that is true, compensation may be available through a personal injury lawsuit to help deal with the resulting time away from work, medical care and pain and suffering.