Over 60,000 brain injuries occur a year in the United States. Many of these injuries are catastrophic. Traumatic brain injuries (TBIs) can cause irreparable physical and emotional damage. When especially severe, they can also create financial hardship for victims and their families. TBIs require immediate treatment, yet victims often fail to show physical signs of harm.
If your brain injuries resulted from an accident caused by another person, you have the right to seek compensation in a traumatic brain injury lawsuit. At Brach Eichler Injury Lawyers, we understand the life-altering, long-lasting effects that traumatic brain injuries can have on everyone involved.
Symptoms of a Brain Injury
Common symptoms of brain injuries include:
• Difficulty thinking
• Difficulty speaking, slurred speech
• Loss of balance
• Memory loss
• Vision loss or change
Types of Brain Injuries
The CDC classifies the types of brain injuries as mild, moderate, and severe.
Most traumatic brain injuries that occur each year are mild TBIs or concussions. Mild TBIs are typically not life-threatening. However, a mild TBI can have severe, long-lasting effects that mirror those of chronic diseases. A blow, bump, or jolt to the head can cause a mild TBI or concussion. Also, any sudden movement by the body that causes the head to move back and forth quickly can cause a mild TBI.
Penetrating injuries from a fall, motor vehicle crash, or gunshot can cause a moderate to severe TBI. A full or partial recovery from moderate and severe TBIs often requires ongoing care.
The chances of a full recovery from a TBI are less than half. A study of TBI patients over five years showed that 26 percent improved while 22 percent stayed the same. Over the same period, 22 percent died, and 30 percent worsened.
Causes of Brain Injuries
A traumatic brain injury can occur when a direct or indirect external force strikes the head or skull.
Events that can cause a TBI include:
• Motor vehicle accidents
• Motorcycle accidents
• Bicycle accidents
• Boating accidents
• Slip and fall accidents
• Athletic injuries
• Physical assaults and assault with weapons
Falls are a leading cause of brain injuries. Striking your head on an object during this or any accident can result in a concussion.
Concussions, a form of mild TBI, are the most common type of brain trauma. Any violent or sudden head movement, such as whiplash, can cause a concussion. Although a mild form of TBI, a concussion can also cause complications through post-concussion syndrome. The effects of post-concussion syndrome can inhibit your ability to function normally for extended periods.
Another type of TBI is a hematoma, a pool of clotted blood forming in an organ, tissue, or another part of the body from a broken blood vessel. A hematoma can cause headaches, instability, paralysis, and even death. A hematoma can also affect clear thinking and vision.
The best way to determine if you have sustained a TBI is to see a doctor. If you believe you have suffered a TBI, you should also contact an experienced personal injury attorney as soon as possible.
Compensation Available in a Brain Injury Case
Because TBIs tend to cause debilitating, permanent injuries, any form of severe brain injury can cause extensive financial losses. TBIs can result in costs such as medical expenses and lost employment income. TBIs can also result in non-economic damages, such as pain and suffering.
Economic costs are more easily quantifiable than non-economic costs. It is easy to assign them a dollar amount. For example, when you go to the doctor, the hospital, physical therapy, or get medications, you get a receipt showing the exact cost of care. Continuous treatment for a traumatic brain injury results in a recurring stream of medical bills. Pay stubs or other documentation can show the amount of money you would be making at work if you were not injured. Recovery from a TBI typically causes victims to miss significant time from work.
Traumatic brain injuries can lead to cognitive function and emotional distress. The trauma to the brain itself can cause these types of issues. Additionally, living with physical symptoms can cause psychological effects. In addition to pain and suffering, the most common non-economic losses include depression, mental anguish, and loss of companionship. While it is hard to measure these damages, many TBI victims suffer these losses and deserve compensation. However, non-economic losses are difficult to quantify in dollars and cents.
Although courts only award them in extreme cases, punitive damages are also available in a traumatic brain injury lawsuit. If you can prove that the other party’s actions were malicious or willfully disregarded your safety or the safety of others, a New Jersey court might award punitive damages. These punish the defendant rather than compensate the plaintiff.
Statute of Limitations for Brain Injury Cases
A statute of limitations provides the deadline for filing a lawsuit. If you do not file a lawsuit by this deadline, New Jersey law allows the court to dismiss your case for failure to file within the allotted time.
If your traumatic brain injury arose from another person’s wrongful or neglectful act, you have two years from the date of your injury to file your lawsuit. A New Jersey brain injury attorney can help you avoid missing this and any other crucial deadlines related to your personal injury matter.
Contact an Experienced Brain Injury Attorney Today
Legal action involving a traumatic brain injury is a complex matter. You may have long-term needs that are hard to predict and quantify. You need an attorney with experience who can help you build a strong case that protects your future and ensures your family’s well-being.
Brach Eichler Injury Lawyers has received recognition from notable organizations, including Best Lawyers, America’s Top 100 Personal Injury Attorneys, and Super Lawyers. We have a proven track record of securing settlements and favorable jury verdicts for our clients. Call Brach Eichler Injury Lawyers and (973) 364-8300 today. Your consultation with a Clifton brain injury lawyer is free, and we don’t charge a fee unless we win your case.