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Personal Injury



Traumatic Brain Injury
What is Traumatic Brain Injury?
Traumatic brain injury (TBI), also called acquired brain injury or simply head injury, occurs when a sudden trauma causes damage to the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain.

A person with a mild TBI may remain conscious or may experience a loss of consciousness for a few seconds or minutes. Other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking. A person with a moderate or severe TBI may show these same symptoms, but may also have a headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.

Is there any treatment?
Anyone with signs of moderate or severe TBI should receive medical attention as soon as possible. Because little can be done to reverse the initial brain damage caused by trauma, medical personnel try to stabilize an individual with TBI and focus on preventing further injury. Primary concerns include insuring proper oxygen supply to the brain and the rest of the body, maintaining adequate blood flow, and controlling blood pressure. Imaging tests help in determining the diagnosis and prognosis of a TBI patient.

Patients with mild to moderate injuries may receive skull and neck X-rays to check for bone fractures or spinal instability. For moderate to severe cases, the imaging test is a computed tomography (CT) scan. Moderately to severely injured patients receive rehabilitation that involves individually tailored treatment programs in the areas of physical therapy, occupational therapy, speech/language therapy, physiatry (physical medicine), psychology/psychiatry, and social support.

What is the prognosis?
Approximately half of severely head-injured patients will need surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue). Disabilities resulting from a TBI depend upon the severity of the injury, the location of the injury, and the age and general health of the individual. Some common disabilities include problems with cognition (thinking, memory, and reasoning), sensory processing (sight, hearing, touch, taste, and smell), communication (expression and understanding), and behavior or mental health (depression, anxiety, personality changes, aggression, acting out, and social inappropriateness).

More serious head injuries may result in stupor, an unresponsive state, but one in which an individual can be aroused briefly by a strong stimulus, such as sharp pain; coma, a state in which an individual is totally unconscious, unresponsive, unaware, and unarousable; vegetative state, in which an individual is unconscious and unaware of his or her surroundings, but continues to have a sleep-wake cycle and periods of alertness; and a persistent vegetative state (PVS), in which an individual stays in a vegetative state for more than a month.

What research is being done?
The National Institute of Neurological Disorders and Stroke (NINDS) conducts TBI research in its laboratories at the National Institutes of Health (NIH) and also supports TBI research through grants to major medical institutions across the country. This research involves studies in the laboratory and in clinical settings to better understand TBI and the biological mechanisms underlying damage to the brain.

This research will allow scientists to develop strategies and interventions to limit the primary and secondary brain damage that occurs within days of a head trauma, and to devise therapies to treat brain injury and improve long-term recovery of function. More information about Traumatic Brain Injury (TBI) Research is available at:
http://www.ninds.nih.gov/funding/research/tbi/index.htm
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Motor Vehicle Accidents
Automobile and motorcycle accidents are among the leadings causes of fatalities and serious injuries in this country. It is important that you comply with various insurance requirements and other laws in a timely manner in order to be fully compensated for your injuries, medical expenses and other losses sustained as a result of an accident. Please feel free to contact Abend & Silber at (212) 532-7575 for a free consultation.

Important Things To Know If You Are Involved In An Accident:

What must I do at the accident scene?
If you are in an accident, you are requiredby the NYS Vehicle and Traffic Law to stop and exchange information with the involved drivers. If the accident caused property damage only, then exchange information about your driver license, insurance, and registration with the involved drivers.

If the property damageof any person is $1,001 or more, all the involved drivers are required by the NYS Vehicle and Traffic Law to file form MV-104(Report of Motor Vehicle Accident). File form MV-104 with the DMV no more than 10 days after the accident. The DMV can suspend your driver license if you fail to report an accident.

If a person is injured or killed, you are required by the NYS Vehicle and Traffic Law to immediately notify the police. All the involved drivers and the police must file an accident report with the DMV. It is a crime to leave the scene of an accident that causes personal injury or death.The accidentappears on the records of allthe involved drivers. An accident listed on your driver record does notindicate that you were at fault. The DMV does not try to determine fault in an accident.

How do I get a copy of my accident report?
Our staff and our investigators usually can obtain the report for you very quickly. If you wish to get a copy yourself, call or visit the local police agency or precinct where the accident occurred. Ask the agency if your report is available and what the fee is.

- or -

To get a copy from the DMV, use form MV-198C(Request for Copy of Accident Report).
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Construction Accidents
The workers that are the backbone of this country are routinely placed in harm's way due to unsafe or hazardous work site conditions. We recognize that construction sites are dangerous and it is the duty of owners, contractors, subcontractors, and others working on the site to ensure that all safety procedures are followed. Safety violations can result in catastrophic injuries. Abend & Silber has successfully represented clients injured in a wide range of serious construction related accidents:
  • Ladder and Scaffolding Accidents
  • Falling objects
  • Accidents caused by construction debris and defects
  • Crane accidents, forklift accidents, and motor vehicle accidents
  • Trench collapses
  • Worksite accidents
We recognize that construction work is physical and that what may appear to be a minor injury to people working behind a desk can result in protracted disability or be career ending to those who earn a living on construction sites. Abend & Silber is committed to aggressively representing each client's interests. If you have been injured at a construction site you may be entitled to significant compensation in excess of any worker's compensation benefits.
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Lead Poisoning
Lead poisoning is a result of exposure to lead in the environment. Although lead is no longer used in paints, gasoline, water pipes and other products, some lead-based products still exist and may pose a health hazard. In addition, much lead remains in the environment years after its initial use. Children are particularly susceptible to the effects of lead poisoning. Lead is toxic to many of your tissues and enzymes. Children are more susceptible to lead poisoning because lead can accumulate in their nervous system as they grow and develop. Death by lead poisoning is uncommon, but dangerous levels of lead in children may cause serious health problems, including lower intelligence and poor school performance.
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Premises Liability
Millions of people are injured each year in slip-and-fall or other premises accidents. Since property owners are responsible for maintaining their premises safely and warning visitors of potential hazards, they can be held liable for injuries that occur due to unsafe conditions on their property.

Property owners and landlords also have a duty to take precautions to protect tenants and others from harm, including assault and are obligated to provide security measures under many circumstances.

Some examples of premises liability claims we can help you with are:

  • Slip and Fall or Trip and Fall injuries
  • Construction Accidents
  • Lead Paint Exposure
  • Fires
  • Negligent Security
  • Scaffolding Accidents
  • Ceiling Collapse
  • Broken Stairs
Fall down and premises accidents can result in many types of injuries, ranging from the relatively minor to the extremely severe. Please contact us immediately regardless of your injury. Our investigators will assist you in documenting the cause of your accident and gathering all of the evidence needed to prove your case.
  • Slip and Fall or Trip and Fall injuries
A slip-and-fall accident can occur nearly anywhere, on public or private property, indoors or outdoors. A slip-and-fall injury can occur because of hazards such as:

  • Adverse weather conditions
    (for example, ice, snow, or rain)
  • Uneven sidewalks / cracked sidewalks
  • Potholes
  • Poorly lit or unmarked pathways or stairs
  • Slippery tiling
  • Unbalanced flooring
  • Rippled carpet
  • Obstructions on the floor or walkway
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