Not all traumatic brain injuries are unfortunate accidents.
Some brain injuries result from the acts of other people, including assault and negligently driving a car. When the acts of other people cause traumatic brain injury, we can help you get the compensation you deserve. Before a lawsuit can be filed, brain injury victims or their families need to understand the process and collect the information that will help a potential lawsuit move forward.
Learn more about these traumatic brain injuries and how we can help you proceed with legal action.
How Do Traumatic Brain Injuries Occur?
While a traumatic brain injury may occur after any head trauma, common causes include:
- Slips and falls. You could slip, fall, and strike your head on hard ground.
- Car and Truck Accidents. Any collision with another car or truck provide enough force to injure your brain. If your head snaps back during the crash, you will experience whiplash. If your head hits the windshield, dashboard, roof, seatback, or steering wheel, a TBI may occur. If you are hit by a car or a truck while crossing the street or while standing on the side of the road then a traumatic brain injury could occur.
- Assault. When someone is punched or hit in the head by another person, a traumatic brain injury may occur.
- Explosions. While military personnel are subject to explosions that easily cause traumatic brain injuries, workers in demolition or oil and gas exploration are also susceptible to explosions.
- Contact sports. Football, hockey, basketball, soccer, and other sports involving collisions can cause traumatic brain injuries. Protective helmets can fail to protect the brains of athletes. If the helmet breaks during normal use that could result in a traumatic brain injury.
- Work-related injuries. Construction workers get hit in the head often and need protective gear on the job to protect them. Getting hurt on the job will lead to a worker’s compensation claim. However, if the protective gear used to protect the head failed or was defective there maybe a claim against the manufacturer of the protective gear. Our experienced lawyers have helped workers injured on the job by defective safety gear.
Please remember that this list is not exhaustive. Review the symptoms of a traumatic brain injury and determine if a recent incident has left you disabled or in pain.
Are There Different Types of Traumatic Brain Injuries?
Traumatic brain injuries range from mild to severe but should always be taken seriously. Common traumatic brain injuries include:
Concussions are caused by a blow to the head. While concussions are typically closed, they may include bleeding or lacerations on the head. The skull can be fractured, and blood clots may form.
Contusions are bruises on the brain. The blood that causes the brain to swell may need to be removed surgically.
Coup-Contrecoup brain injuries occur on one side of your brain. The force from coup-contrecoup injuries is so great that the symptoms are mimicked on the other side.
Diffuse Axonal brain injuries are caused by shaking or severe rotation of your body. Nerve tissue is torn, and normal brain function is interrupted. This injury is a common result of shaking baby syndrome.
Anoxia/Lack of Oxygen
This occurs when the brain does not receive any oxygen. Anoxic brain damages is a common result of carbon monoxide poisoning. Sometimes there will be no evidence of brain damage on MRI, however the damage is there that requires specific testing to detect.
Penetration causes damage to the brain and possibly removes brain tissue. Firearms are the most common cause of penetration injuries.
What Are Common Symptoms of a Traumatic Brain Injury?
Symptoms from a traumatic brain injury vary depending on the individual, their age, and the severity of the injury. Physical symptoms include:
- Blacking out for a moment or two
- Losing consciousness for minutes or even hours
- Persistent headaches or migraines
- Severe fatigue
- Vomiting for no apparent reason, possibly repeated
- Slurred speech
- Difficulty speaking
- Altered sleep schedule
- Losing one’s balance all too often
- Lack of coordination
- Agitated or combative moods
- Dilation of the eyes
- Fluid drainage through the ears or nose
- Inability to wake up
- Nerve sensitivity in your extremities
Symptoms may also attack your senses, such as:
- A sudden sensitivity to light
- Feeling your ears ring
- An odd taste in your mouth
- Lack of taste or smell
- Loss of sensation of body parts
- Heightened sensation of body parts
- Sensitivity to sounds, loud or soft
Your symptoms may cause trouble thinking, which includes:
- Memory loss
- Lack of concentration
- Severe mood swings
- Difficulty speaking
- Problems dealing with people
Your symptoms may cause trouble controlling your muscle (motor deficits)
- Balance problems
- Tightening and shortening of the muscles (spasticity)
- Trouble swallowing
Children may experience symptoms differently, such as:
- Changes in eating habits
- Inconsolable crying
- Lack of attention
- Lack of interest in their favorite activities
- Change in sleep patterns
- Bad moods and mood swings
- Personality chages
When you notice these symptoms, seek medical attention immediately. These symptoms may last for months at a time, and physical difficulties may result. In some cases, the victim may suffer from these challenges for the rest of their life and experience additional complications. A child’s growth may be stunted, or their cognitive development may be delayed.
What Steps Should You Take to File a Traumatic Brain Injury Lawsuit
As families grapple with the reality of their situation, they must file a lawsuit against anyone they feel is liable for the incident. Malice or negligence must be proven to file a lawsuit.
Collect information related to the case, speak to eyewitnesses, and document anything related to the incident. Placing the lawsuit in the hands of a lawyer allows you to heal. Reach out to one of our New Jersey TBI lawyers for a consultation.
Mistakes Often Made When Filing Personal Injury Lawsuits
As families and victims prepare to file a lawsuit it is import to take the proper steps to document a severe injury.
First, people should not threaten a person or a business with a lawsuit and should not speak about the case to anyone other than their lawyer. Sharing sensitive information or making generalized statements may jeopardize your claim. Remember everything you share will comeback to you.
It is very important to document everything about the case. Families often forget to document what happened immediately after the accident, resulting in crucial information being forgotten or omitted.
Absolutely do not provide recorded statements. Insurance companies like to record phone calls, and lawyers or legal representatives might encourage the recording of your conversations. Do not allow anyone to record you without your lawyer present.
Avoid signing anything without your lawyer’s approval.
Manage your expectations. When starting this process, it is important for victims to understand that compensation from personal injury lawsuits. Involve several factors, including your lost income, medical expenses, disability, pain and suffering.
You should consult one of our experienced lawyers to see if you are eligible to bring a lawsuit. The consultation is free.
Do not wait too long to file a lawsuit. The statute of limitations for a personal injury lawsuit only gives you a certain amount of time to file. If you wait too long the time limit may be up.
Some individuals never file a lawsuit and may miss out on compensation for which they are eligible. Ensure you speak to one of our lawyers before deciding to give up on your claim.
And don’t wait too long to file a lawsuit. The statute of limitations for a personal injury lawsuit only gives you a certain amount of time to file a lawsuit. If you wait years before seeking compensation, your claim could be invalidated.
How Does a New Jersey Traumatic Brain Injury Lawyer Help Your Family?
If you or a loved one has suffered a brain injury due to someone else’s negligence, you will need help getting the compensation you need to cope with the aftermath. These injuries take a physical, psychological, and financial toll on the victim and their families and can range from mild concussions to permanent brain damage.
A TBI can significantly affect an individual’s life, impacting relationships and work responsibilities and even hindering their ability to perform everyday tasks.
When you speak with a TBI attorney, they will review your information and ask questions to determine the nature of the incident. If there is enough evidence to move forward, you can file a lawsuit.
Frequently Asked Questions
When you seek a traumatic brain injury lawyer, you are not asked to pay out of pocket. Attorney’s fees may be recovered in a settlement or judgment.
Please speak with one of our New Jersey traumatic brain injury lawyers to review your case and determine your eligibility. Compensation cannot be guaranteed when a lawsuit is filed.
You may speak with one of our lawyers on behalf of a loved one if you have been granted power of attorney. Otherwise, the victim must request legal representation.
Personal injury lawsuits may be settled out of court or go to trial. Each case may last a few days, weeks, or months. There is no guarantee that the case will be resolved quickly. If appeals are necessary, the lawsuit may take longer to resolve.
A traumatic brain injury that results in death will cause the family to file a wrongful death lawsuit. Ask our lawyers for guidance when a lawsuit must be altered, or a new lawsuit needs to be filed.
Yes. You may sue your employer if they are guilty of gross misconduct. These are very difficult cases and worker’s compensation will usually cover most injuries that occur on the job. However, if the worker is injured because of the failure or defect in the equipment or safety gear used during the job than a claim may exist against that manufacture. These are called “third-party” claims and our experienced product liability attorneys can help victims of defective products used on the job.