(908)402-4770Unfortunately, across the country, people are injured in accidents that lead to a brain injury. A brain injury, also referred to as traumatic brain injury (TBI), can have multiple symptoms, such as pain, headaches, dizziness, impaired vision, cognitive problems, and more. If another person acts negligently and you or a loved one suffer a brain injury, you will need to consult with an experienced New Jersey personal injury attorney about your claim.
What is a Traumatic Brain Injury?
A traumatic brain injury can occur when the brain is harmed because of forceful shaking of the head. This can happen in the collision of a car or truck accident. A TBI can also result from a blow to the head, such as being hit by a falling object at a construction site.
Another type of TBI is known as a coup-countercoup brain injury (see the link to the Johns Hopkins article above). In a coup-countercoup brain injury, the brain is injured at the point of impact, such as when a person’s head hits the steering wheel or the interior of a car in an accident. The impact then slams the head in the opposite direction, causing the brain to then hit the inside of the skull opposite to the point of impact. This results in two distinct injuries to the brain.
Sometimes, the symptoms of a TBI are mild and go away after a few days or weeks. However, more severe cases can lead to symptoms that last a lifetime. These symptoms may include headaches, neck pain, stiffness, and dizziness that can persist for years.
Compared to a broken bone or a visible scar from a deep cut, the symptoms of TBIs may be less obvious. Therefore, individuals who have suffered a traumatic brain injury due to someone else’s negligence should seek the help of an experienced personal injury attorney specializing in traumatic brain injuries.
What Types of Accidents Cause Traumatic Brain Injuries in New Jersey?
There are many types of accidents that can cause TBIs for injured victims. For instance, victims in car, truck and motorcycle accidents may suffer TBIs. Persons injured in slip and falls can also suffer head injuries.
Lastly, construction sites without the proper safety measures are fertile locations for accidents involving falling objects and heavy equipment that can cause TBIs.
How Is a TBI Diagnosed?
There are multiple symptoms that may show an accident has caused a TBI to a victim. These symptoms include:
- Confusion
- Shortened attention span
- Memory problems and amnesia
- Problem-solving deficits
- Paralysis or weakness
- Spasticity (tightening and shortening of the muscles)
- Poor balance
- Decreased endurance
- Changes in hearing, vision, taste, smell, and touch
- Loss of sensation or heightened sensation of body parts
See the Johns Hopkins article for a complete list of symptoms.
What Are the Damages You Can Claim in a New Jersey Brain Injury Lawsuit?
There are multiple damage claims you can make in a traumatic brain injury case:
- Medical expenses
You may seek compensation to recover all your medical bills (even those covered by insurance) for your medical care.
- Lost wages
As part of your brain injury claim, you may recover the wages you lost because you missed work.
- Pain and suffering
This type of damage is subjective. It can be defined as the physical or mental suffering a person experiences as a result of an accident or intentional act. It includes pain, suffering, disability, and impairment. Nonetheless, it is widely recognized in personal injury law. As a result, you can tell the jury how often you have headaches and dizziness spells, pain from a broken bone, or headaches from a blow to your head.
- Future medical treatment
If you suffered a traumatic brain injury, you may need medical and physical therapy treatment for the foreseeable future. Consequently, you (and your doctor) can tell the jury about your expected future treatment and associated costs.
- Loss of Life’s Enjoyment
If, because of your injuries, you can no longer engage in activities you previously enjoyed, you can make a claim for loss of life’s enjoyment. For example, if you were an avid runner, and can no longer jog, you can tell the jury that. Or if the injury to your head gives you frequent headaches, and you cannot read books like you used to, you can testify to that.
The New Jersey Tort Claims Act (TCA)
New Jersey’s Tort Claims Act (TCA) (N.J.S.A .59:3-1) grants immunity from lawsuits to government entities and their employees, but there are some exceptions.
One of these exceptions is the 90-day notice requirement. This means that if you want to make a brain injury claim in New Jersey against a public entity or employee, you must give the public employer notice within 90 days after the incident occurred. The notice should include details about the claim, including the claimant’s name, address, date, place, and circumstances of the incident.
Fortunately, the TCA and cases which have dealt with the 90-day notice in personal injury claims, provide that an injured person may file a notice up to one year after the accrual of a claim in cases of “extraordinary circumstances.”
The Supreme Court has not defined “extraordinary circumstances” but leaves it to courts to decide on a case-by-case basis.
Experienced and Knowledgeable New Jersey Traumatic Brain Injury Lawyers
If you or a loved one suffered a brain injury because of another person’s negligence, you need experienced personal injury attorneys. Call us at 908-490-0444 at our Scotch Plains office or contact us online for a free consultation with an experienced New Jersey brain injury lawyer. There are no attorneys’ fees charged to you unless we are successful in obtaining a recovery on your behalf.