Possibly. Meet with an experienced personal injury attorney asap to discuss the details of your case. Many attorneys, such as myself, offer free 30 minute consultations. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
First you will need to prove that Lowes was aware of what struck you or should have been aware of it and had a reasonable opportunity to correct the condition before your accident. In the alternative, if you can prove that Lowes created the condition that caused the accident, that will take the place of the need to show that Lowes had notice. Second, you will need to show, via a medical professional, that your behavioral changes were caused by the accident. If either of these 2 elements are missing, you will have a difficult time holding Lowes responsible. I suggest you consult with an attorney in your area as soon as possible.
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What hit you and where did it come from? You need to prove that Lowe's either created a dangerous condition or had notice of it. You may also be able to rely on the doctrine of res ipsa loquitor. Did you have a mental health history before the accident? Have you been tested for traumatic brain injury? I know a great personal injury lawyer in Albany so email me directly if you want a referral.
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If you sustained a brain injury you may be able to get a recovery. The question is who is liable. You do not memtion how the accident happened.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
As the other lawyers have suggested, you may want to add on information as to how you were hit at lowe's and what happened. You will also need a psychiatrist or doctor to link up the hit on the head to your violent behavior. Retain a personal injury attorney in your area. Also, discuss the arrest with him as well, he may have a criminal attorney he know to refer you to.
Yes, if the accident was less than 3 years ago and you have been getting psychological treatment since the accident and have medical records to prove it. You can call us if you fit into those parameters.
Traumatic Brain Injury (TBI) is a well-established medical term with a broad variety of symptoms. (Also referred to as "head injury", "concussion" (which, by the way, does NOT require a loss of consciousness as a prerequisite, as many neurologists once erroneously maintained) or, colloquially, "getting you bell rung".) If you are treating with your attending/family physician, discuss your history in detail with him/her. A referral to a neurologist, if appropriate, is a likely next step. Then, possibly, neuropsychological testing by a qualified neuropsychologist or neuropsychiatrist, coupled with detailed educational and vocational histories, might complete the picture. TBI cases are among the most challenging injury cases to successfully prosecute, especially where there is no grossly apparent injury to the skull, head and/or brain (for example, fractured skull, penetrating object, etc.). Consult counsel with experience in TBI cases. PS: Not to quibble, but the term "accident" doesn't apply if someone's carelessness causes injury. Saying something was "an accident" is the same as saying "s*** happens".
The responder, Christopher N. Luhn, Esq., has provided this response as a courtesy to the person posing the inquiry. Accordingly, Christopher N. Luhn, Esq. represents only that he has provided the within response and views in good faith, but based on limited information, and in no way represents that the response is correct, particularly given that it is based on limited information, and on facts not verified by him. Nothing herein, then, is intended to substitute for direct consultation, nor does it establish an attorney-client relationship between the inquiring party and Christopher N. Luhn, Esq. You are invited to contact Christopher N. Luhn for a consultation at: Tel. (518) 464-6000 - Arroyo Copland & Associates, PLLC, 312 Great Oaks Blvd., Albany, NY 12203
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