Traumatic brain injuries (TBIs) are among the most severe types of personal injuries, often leading to long-term or permanent physical, cognitive, and emotional challenges. For individuals injured in accidents, such as car crashes or slip-and-fall incidents, a TBI can drastically alter their life and place an enormous financial burden on them and their families.
If you or a loved one has suffered a TBI due to someone else's negligence, you may be entitled to compensation. This blog will guide you through the process of filing a traumatic brain injury claim and how working with a personal injury lawyer can help you recover damages.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) occurs when a sudden impact or jolt causes damage to the brain. TBIs can range in severity from mild concussions to more severe injuries that lead to long-term disability or death. Common causes of TBI include:
In many cases, these injuries are caused by another party's negligence. Victims have the right to pursue compensation for their losses.
Symptoms and Long-Term Effects of TBI
The symptoms of a TBI vary widely depending on the severity of the injury. Mild TBIs, such as concussions, can result in headaches, dizziness, and temporary confusion. Severe TBIs can lead to more serious consequences, such as memory loss, personality changes, difficulty speaking, and permanent physical or cognitive impairments.
Some common symptoms of TBI include:
- Headaches
- Memory problems
- Mood swings or irritability
- Dizziness or balance issues
- Sensitivity to light or sound
- Loss of consciousness
In severe cases, victims may require long-term care, rehabilitation, and ongoing medical treatment. This can lead to substantial medical expenses and lost wages, making it crucial to file a traumatic brain injury claim.
Filing a Traumatic Brain Injury Claim
If you’ve suffered a TBI due to someone else’s negligence, filing a traumatic brain injury claim is the first step toward recovering compensation for your losses. To file a successful claim, you must prove the following:
- Legal Duty: You must prove that the responsible party had a legal obligation to act with care and avoid causing harm. For instance, drivers are required to drive safely and follow traffic laws.
- Breach of Duty: It must be shown that the responsible party violated this obligation. In a car accident, for example, this might mean demonstrating that the driver was speeding, distracted, or reckless.
- Causation: You’ll need to connect the breach directly to your traumatic brain injury. This is why medical records and witness statements are vital components of a personal injury claim.
- Damages: Lastly, provide proof of the harm you suffered, such as medical costs, lost income, and emotional distress.
What Compensation Can You Recover in a TBI Claim?
Victims of traumatic brain injuries can pursue compensation for a wide range of damages. These include:
1. Medical Expenses
A TBI often results in extensive medical treatment, including surgeries, rehabilitation, therapy, and ongoing medical care. You may be able to recover compensation for:
- Hospital bills
- Surgeries and medical procedures
- Prescription medications
- Physical therapy
- Rehabilitation services
- Future medical expenses related to the TBI
2. Lost Wages
If your injury has caused you to miss work, you can recover compensation for the income you’ve lost. Additionally, if your TBI has permanently impacted your ability to work, you may be able to seek compensation for lost earning capacity.
3. Pain and Suffering
In addition to financial losses, TBIs can lead to significant physical pain, emotional suffering, and reduced quality of life. Compensation for pain and suffering accounts for the emotional toll that the injury has had on your life.
4. Long-Term Care
Severe TBIs may require long-term or even lifetime care. You can seek compensation for the cost of caregivers, home modifications, and other services necessary to accommodate your injury.
5. Property Damage
If your TBI was the result of a car or motorcycle accident, you may also be entitled to compensation for any damage to your vehicle or personal property.
Challenges of Filing a TBI Claim
Filing a traumatic brain injury claim can be complicated due to the complexity of the injury and the long-term nature of the damages. Some of the challenges include:
- Proving Long-Term Impact: It can be difficult to accurately assess the long-term effects of a TBI immediately after an accident. Medical experts and vocational specialists may be needed to evaluate the extent of the injury and how it will affect your life in the future.
- Dealing with Insurance Companies: Insurance companies often try to minimize payouts by disputing the severity of the injury or arguing that the victim’s symptoms aren’t related to the accident. Working with a skilled personal injury lawyer can help you build a strong case and negotiate with insurers to ensure you receive fair compensation.
- Gathering Evidence: A successful TBI claim requires strong evidence, including medical records, witness statements, and expert testimony. An experienced personal injury lawyer can help gather and present the necessary evidence to support your claim.
How an Experienced Personal Injury Lawyer Can Help with Your TBI Claim
Navigating the legal process of filing a traumatic brain injury claim can be overwhelming, especially when you’re dealing with the physical and emotional toll of the injury. A personal injury lawyer with experience in TBI cases can provide invaluable assistance, including:
- Investigating the Accident: Your lawyer will investigate the cause of your accident to determine who is liable for your injuries and gather evidence to support your claim.
- Working with Medical Experts: TBI claims often require expert testimony from medical professionals to establish the severity of the injury and its long-term impact. Your lawyer will work with experts to build a compelling case.
- Negotiating with Insurance Companies: Insurance companies may try to offer a low settlement that doesn’t cover the full extent of your damages. A lawyer can negotiate on your behalf to ensure that you receive the compensation you deserve.
- Representing You in Court: If a fair settlement for your TBI cannot be reached, your personal injury lawyer will be prepared to take your case to court and advocate for your rights.
Contact Corradino & Papa, LLC – Your Experienced Personal Injury Lawyers in New Jersey to File a TBI Claim
If you or a loved one has suffered a traumatic brain injury due to someone else's negligence, don’t wait to seek legal help. The experienced attorneys at Corradino & Papa, LLC are here to guide you through the process of filing a traumatic brain injury claim and help you recover the compensation you deserve.
Contact us today at 973-574-1200 or through our online contact form to schedule a consultation and learn more about how we can assist with your TBI case.