New Jersey Traumatic Brain Injury Attorney

When you injure your head in an accident, it can be challenging to determine the extent of any brain injury. If you suffer a head injury, seek medical assistance immediately. 

You might be entitled to compensation if another person’s negligence caused your brain injury. Pursuing a compensation claim can be complicated, especially when dealing with a severe injury. Below, Petro Cohen, P.C. explains traumatic brain injuries, how to prove liability, the possible compensation in a brain injury accident claim, and how a New Jersey traumatic brain injury attorney may be able to help.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) can result from direct or indirect trauma to the head. TBIs are, unfortunately, relatively common. According to a 2020 report from the Centers for Disease Control and Prevention, there were over 64,000 TBI-related deaths yearly in the United States. 

A TBI impacts how the brain functions. A traumatic brain injury ranges in severity based on the degree of damage as well as the location of the injury. A TBI can be mild, moderate, or severe. 

A TBI can be either open or closed. A closed TBI occurs when the head suddenly strikes an object or moves unexpectedly, but the skull doesn’t break. For example, in a car accident, the body’s motion stops abruptly. The brain crashes into the inside front and back of the skull. This traumatic blow causes injury to the brain, but the skull does not break.

With an open TBI, an object pierces the skull. For example, a gunshot that penetrates the skull is an open TBI. In a car accident, a piece of glass can pierce the skull, or the skull itself can break, causing damage to the brain.

A healthcare provider should examine a person with a possible TBI. While many people with mild TBIs or concussions can recover safely at home, individuals with mild or severe TBIs may require ongoing care. Patients with severe TBIs generally require more intensive treatments. 

Symptoms of a Traumatic Brain Injury

Brain injuries vary widely, and symptoms can manifest themselves in several ways. Symptoms of a traumatic brain injury can include:

• Headaches,
• Inability to follow instructions,
• Loss of short-term memory,
• Personality changes, 
• Sensitivity to light or sound, and 
• Sleepless or excessive tiredness.

These symptoms can include cognitive changes, such as the inability to process and express information. Symptoms can also include severe neurological dysfunction, affecting the muscle’s fine and gross motor functioning. 

It is important to be aware of TBI symptoms because a person can suffer a brain injury in an accident even when there is no outward sign of damage. Sometimes symptoms can be overlooked. When this occurs, the delay in diagnosis can make it difficult for victims to obtain the treatment they need and the compensation they deserve 

Compensation for a New Jersey Traumatic Brain Injury 

Estimating how much your traumatic brain injury is worth can be difficult. Plus, the impact of a traumatic brain injury varies. Nonetheless, common damages in a brain injury case include economic and noneconomic damages. 

Economic damages include the following: 

• Past and future medical expenses,
• Lost wages, and
• Loss of future earning capacity.

A traumatic brain injury attorney in New Jersey can help you estimate your economic damages.

Noneconomic damages do not necessarily correspond to a direct out-of-pocket cost. They include the following:

• Emotional distress,
• Disfigurement, 
• Loss of consortium, and 
• Pain and suffering.

Non-economic damages are subjective. A traumatic brain injury lawyer in New Jersey can provide a reasonable estimate of your non-economic damages. 

Proving Liability in a Traumatic Brain Injury Claim

Brain injuries can be some of the most devastating and catastrophic personal injuries. They can be even more challenging to manage from a legal standpoint. For most personal injury cases, you must be able to prove that the responsible party was negligent. This means you must prove that your injury occurred due to another party’s negligent behavior. 

To demonstrate negligence, you must prove the following:

• The responsible party owed you a duty of care;
• They failed to act with reasonable care and breached that duty;
• Their behavior caused your accident and injuries; and
• You suffered losses that are measurable by law. 

An experienced New Jersey traumatic brain injury attorney can explain how to prove the above elements of negligence in your case. 

Time Limit for a Personal Injury Claim

There is a statute of limitations, or deadline, for filing a brain injury lawsuit in New Jersey. You have two years from the date of the incident to file a lawsuit. You may be barred from recovering compensation if you do not file on time. Plus, you may have a shorter time limit if you’re suing a government agency. 

There are also some exceptions to this rule. You should speak with a New Jersey traumatic brain injury attorney for more information on the filing deadline applicable to your case. 

The Benefits of a New Jersey Traumatic Brain Injury Lawyer

You may believe you can handle your case on your own, but most people benefit from hiring an attorney for their case. An attorney will help you navigate the complicated legal process of obtaining fair compensation. Your lawyer will answer all your questions. They will also take steps such as:

• Identifying liable parties,
• Communicating with others on your behalf about the case,
• Gathering evidence,
• Calculating your case’s value, and
• Aggressively fighting for the best outcome of your case. 

An attorney can gather evidence to support your claim and build a successful case.