We suggest certain steps after a car accident, such as taking photos and getting witness statements. But what if you are one of the 10% of people knocked unconscious during your accident and can’t gather information?
Or, what if you suffer from post-traumatic amnesia (PTA), which afflicts nearly 50% of people with traumatic brain injuries? How can you strengthen your case with your New York personal injury attorney?
Here’s what you need to know.
Plaintiffs Must Prove Memory Loss
You must be able to provide evidence simply because clients who suffer from memory loss are held to a lesser standard when assessing proof of negligence and comparative fault.
A plaintiff who has suffered memory loss won’t necessarily be required to attend depositions or testify. Instead, the courts will draw inferences from circumstantial evidence to help determine what happened in their personal injury case and do so in the most favorable way to you as the plaintiff.
Deadline Adjustments
If you are unconscious or in a coma for more than a day, the statute of limitations and certain filing deadlines, such as the 24-hour MVAIC deadline, are tolled. This means the clock stops until you can launch a case and file a claim.
A legal guardian or representative may also file a claim if you’re in a coma.
If you ever wake up and find you’ve been unconscious for over 24 hours, contact a lawyer immediately. We can help you handle organizations like MVAIC, file claims with the city, and launch lawsuits, and we can help you prove that your statute of limitations or deadlines should have been tolled.
Gathering Evidence
Since you would be unable to gather evidence at the scene, we’d turn to alternative methods, such as securing video from nearby businesses, finding leads on a police report, and hiring an accident reconstructionist. We’d try to locate potential witnesses to gather as many case facts as possible.
We’ll want to move fast because insurance companies will want to take advantage of your inability to remember your accident.
Get Help Today
Cases involving any form of amnesia are challenging. Fortunately, RLF handles challenging cases all the time.
If you’ve been injured in an accident and are suffering from a TBI of any kind, are in a coma, or have a loved one in a coma, contact our office to schedule a free consultation today.
See also:
When Do You Need a NYC Personal Injury Lawyer?
Myths and Truths About Personal Injury Cases in New York
What Are the Most Common Types of Personal Injury Cases in NYC?
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Meet Mr. Richman
SCOTT B. RICHMAN, ESQ.
Mr. Richman is the Managing Member and Founder of Richman Law Firm PLLC. In his role as Managing Member, Mr. Richman oversees the day-to-day operations of the firm and handles the litigation of the most complex legal matters across a vast array of practice areas and disciplines.
