New York has an annual average of about 19,000 hospitalizations
due to traumatic brain injury (TBI) every year, with more than 2,000 deaths. The rate of hospitalization has increased almost 80% for New Yorkers since 2005. The risk of sustaining a traumatic brain injury is the greatest for young children and the elderly. The three leading causes (in order) of TBI are:
All three of these leading causes can result from negligence, human error, or violence. Unsafe premises can lead to slips, trips, and falls, as can employer negligence and defective products. Construction workers, for example, can sustain a TBI if scaffolding collapses. If a property owner fails to provide safe premises for visitors, guests, or workers, resulting in a brain injury accident, the victim may sue under the laws of premises liability. Motor vehicle crashes are more often than not the result of driver error, roadway maintenance negligence, or parts malfunctions. Assaults, acts of violence, and intents to harm that result in brain damage are clearly personal injury cases as well as criminal cases. Each of the top three causes of TBI can be traced back to someone’s negligence, failure to act, or recklessness, requiring an experienced brain injury attorney to gather evidence. An attorney can prove a negligence case against the party responsible for your brain injury by taking photos of the scene of the accident, interviewing witnesses who saw you sustain the injury, and hiring a health care professional to testify to the extent of your brain injury and/or damage.