When someone sustains a traumatic brain injury, the effects can be debilitating and devastating. Traumatic brain injuries or TBIs are injuries that are typically classified as personal injury cases involving general negligence. They can be the result of a number of different accidents and incidents including motor vehicle accidents, nursing home abuse, medical malpractice, or workplace accidents. If you or your loved one has suffered from a traumatic brain injury as a result of the reckless actions of another individual or entity, contact Parker Waichman LLP now calling 1-800-YOURLAWYER (1-800-968-7529) to discuss your case.
At Parker Waichman LLP, our lawyers have many years of experience assisting individuals who have sustained serious brain injuries. Traumatic brain injury cases can be complex, but our knowledgeable and compassionate lawyers have successfully helped brain injury victims navigate the process and obtain the compensation they deserve. Parker Waichman LLP has earned a reputation for success having recovered for our clients an amount totaling one billion dollars in settlements and verdicts over the years. In addition, our firm has received a number of different accolades and honors as a result of our hard work and ability to achieve successful results. Some of these accolades and honors include:
- An AVVO rating of 9.8 out of a perfect 10
- Lawdragon’s highest ranking of “5 Dragons” based on peer review
- Recognition as “Preeminent Lawyers” by the AV Peer Review Rating
- A listing in Extensive Peer Review’s Best Lawyers Publication
If you choose Parker Waichman LLP to take on your traumatic brain injury case, you can be sure that a dedicated and skilled lawyer will advocate for your rights and interests and we will fight hard for you in order to help you recover damages to the fullest extent possible.
Traumatic brain injuries can be devastating, and the lawsuits involving brain injuries can be complicated. Accordingly, if you or someone you love has sustained a brain injury as a result of careless or negligent actions of another, it is important that you seek the advice of an experienced and knowledgeable New Jersey Brain Injury Lawyer who can assist you with recovering any damages that you might be entitled to. Call Parker Waichman LLP today at 1-800-YOURLAWYER (1-800-968-7529) and find out what we can do for you.
TRAUMATIC BRAIN INJURY CASES IN NEW JERSEY
The United States Centers for Disease Control and Prevention has reported that nearly 1.4 Americans sustain brain injuries every year and that more than five million individuals require continuing, long-term treatment as a result of a traumatic brain injury. Traumatic brain injuries oftentimes occur due to the negligent, careless, or reckless actions of another individual or entity. In these instances, the injured individual may be able to file a personal injury lawsuit against the responsible party.
A traumatic brain injury may be severe requiring extensive and expensive treatment, rehabilitation, and in some cases, a TBI can even be fatal. Accordingly, if you have suffered a traumatic brain injury in New Jersey, you should seriously consider contacting the dedicated and knowledgeable New Jersey Traumatic Brain Injury Lawyers at Parker Waichman LLP to discuss whether you might be able to seek compensation for your medical treatment and any other damages you’ve sustained.
Types and Symptoms of Traumatic Brain Injuries
Traumatic brain injuries are generally classified into three different categories of mild, moderate, and severe injuries. When it comes to mild brain injuries, an individual might experience confusion, a brief loss of consciousness, or they may feel disoriented for no longer than thirty minutes. Moderate brain injuries can involve memory loss or unconsciousness for longer periods of time, and severe brain injuries may result in comatose states and cognitive functioning impairments.
Some common types of brain injuries can include:
Contusions. Contusions are bruises on the brain itself that are caused by bleeding. They usually occur as a result of an impact on an individual’s head. A contusion might happen with a concussion, and the severity of a contusion will determine whether medical treatment is necessary. In some instances, if the contusion is particularly large, surgery may be required to remove it.
Concussions. Concussions are a common mild type of traumatic brain injury. A concussion usually happens due to a change in momentum or a sudden impact on the brain. This might occur in a motor vehicle accident or even an attack. If an individual gets a concussion, they might experience loss of consciousness and may have permanent or temporary brain damage.
Open brain injuries. Open brain injuries are those that are caused by an object that enters an individual’s head and strikes the brain. For instance, someone might experience an open brain injury if a metal object pierces someone’s head at a construction site or if an individual is shot in the head. Those with open brain injuries usually need medical treatment right away.
Closed brain injuries. Closed brain injuries happen when an individual’s head hits an object, and they sustain brain damage as a result of the impact. However, the object does not actually enter the head. Concussions and contusions often happen, and if the head is hit hard enough, an individual can suffer brain damage that results in disabilities.
Coup-contrecoup injury. If an individual’s head sustains a forceful impact, the brain can sometimes hit the inside of the skull on the opposite side. When this happens, bruises might form at the point where the brain hit the skull and at the point of impact. Medical treatment is usually required for this type of brain injury.
Some common symptoms that someone might experience if they have suffered a traumatic brain injury might include:
- Dizziness
- Blurred vision
- Dilated pupils
- Irregular eye movement
- Difficulty hearing
- Convulsions
- Adverse impacts to cognitive thought processes, including an individual’s ability to make decisions and judgment calls
- Emotional outbursts
- Increased agitation
- Inability to speak or express thoughts
- Inability to wake up from sleep
- Loss of coordination
- Loss of short term or long term memory
- Loss of facial movement or sensation
- Nausea and/or vomiting
- Loss of taste
- Loss of smell
- The feeling of pins and needles in the limbs
- Paresthesia or prickling or burning sensation that usually occurs in the hands, feet, legs, or arms.
- Weakness or numbness in the extremities
- Seizures
- Paralysis that affects part of all of the body
- Personality changes
- Headaches
- Depression
- Brain edema
Additional Side Effects of a Traumatic Brain Injury
Traumatic brain injuries can also result in long-lasting physical disability and serious behavioral and cognitive changes that can affect the function and quality of the brain injury victim’s life and that of his or her family. In addition, a traumatic brain injury might also cause cognitive injuries such as long or short-term memory loss, difficulty concentrating, planning, or communicating, and spatial disorientation. Traumatic brain injuries may also lead to behavioral and psychological issues like depression, anxiety, agitation, mood swings, and impulsivity. Physical injuries might lead to chronic headaches, seizures, complete or partial paralysis, speech impairment, and loss of hearing, vision, taste, or smell.
If you or someone you know has been the victim of a traumatic brain injury, you might be able to receive compensation for any medical expenses you incur including costs associated with your treatment, hospitalization, any medication or medical devices, and even rehabilitation costs. Other damages can include compensation for lost wages and diminished earning capacity, property damage, and pain and suffering.
Causes of Traumatic Brain Injuries
Traumatic brain injuries are usually the result of a concussion, a skull fracture, or an intense and sudden shaking of the head. One of the most common causes of traumatic brain injuries are motor vehicle accidents. Truck, car, motorcycle, and bicycle accidents can all cause serious brain injuries and other head trauma. Traumatic brain injuries can also occur as a result of construction and other workplace accidents; falls from heights; sporting and athletic accidents; accidents that happen in the home or outdoors; medical malpractice; physical abuse and assaults; and slip or trip and falls.
Traumatic brain injury statistics reveal that men between the ages of fifteen and twenty-four are the most susceptible to brain injuries due in part to the fact that they are more likely to engage in more high-risk activities and tend to lead more high-risk lifestyles. Children under the age of four and people older than the age of sixty are also at an increased risk for traumatic brain injuries due to neglect, slip or trip and falls, and other causes.
What actually causes a traumatic brain injury is crucial for determining whether a brain injury victim has legal recourse to recover damages. In general, individuals who have sustained a traumatic brain injury in New Jersey as a result of someone else’s negligent or careless actions might be able to file a claim for damages. At Parker Waichman LLP, our experienced New Jersey Brain Injury Lawyers are knowledgeable about the legal and medical implications of traumatic brain injuries, and they understand the emotional toll that a brain injury can have on the injury victim and his or her family. Accordingly, if you or a loved one has sustained a traumatic brain injury, it is important that you contact us right away at 1-800-YOURLAWYER (1-800-968-7529) to find out whether you may have a viable claim for compensation.
Frequently Asked Questions Regarding Brain Injury Lawsuits in New Jersey
Q: What exactly is a traumatic brain injury?
A: A traumatic brain injury is usually caused by an outside force that violently and suddenly disrupts the brain’s normal functioning. Traumatic brain injuries can cause bleeding, swelling, torn tissues, bruising, and other damage to brain cells which may lead to lasting complications for the brain injury victim.
Q: What are some of the long-term consequences of a traumatic brain injury?
A: The effects that a traumatic brain injury has on an individual will depend on the type of injury, where it is located, and whether it is minor or severe. Some of the long-term effects of a brain injury can include cognitive and physical impairments or changes. Cognitive changes might include memory loss, loss of speech, and psychological issues such as depression. Physical changes can include loss of mobility, loss of senses, and in some cases, paralysis.
Q: How long might it take to recover from a traumatic brain injury?
A: The recovery period for a traumatic brain injury will all depend on the type of injury, where it is located, and the severity of the injury. The more serious the injury is, the longer it can take to recover from it, and in some cases, an individual may not ever fully recover from a brain injury. The effects of a serious brain injury can be lasting and devastating and can require ongoing treatment, rehabilitation, and care.
Q: Can an individual experience personality changes once they have sustained a traumatic brain injury?
A: Experiencing personality changes after a traumatic brain injury can be fairly common given that injuries to the head can affect the areas of the brain that are responsible for cognitive functioning. Individuals might experience memory loss and behavioral changes that can really have an impact on relationships with family and friends. Brain injuries can also cause other difficulties that can affect the way individuals behave such as mood swings, anxiety, and depression.
Q: What are some of the treatments an individual might receive if they sustain a brain injury?
A: The treatment that a brain injury victim might receive will depend on how serious the injury is and how the injury was sustained. However, the initial treatment for a brain injury right after it occurs might involve hospitalization. Other treatments can include surgery, physical therapy, rehabilitation, occupational therapy, language and speech therapy, and support for psychological issues. No matter what kind of treatment may be necessary, brain injury victims oftentimes face a long road to recovery.
Q: What are some of the obstacles I might have to overcome if I’ve sustained a traumatic brain injury?
A: No matter whether your brain injury is mild, moderate, or severe, the medical treatment and care they might require can be extensive, expensive, and emotionally overwhelming. Even with a mild brain injury, individuals are oftentimes advised by their physicians to rest and take some time off from work in order to heal. Moderate and more severe injuries may need surgery and long stays in the hospital. Because of this, brain injury victims can lose income during recovery.
For some traumatic brain injuries, doctors may decide to prescribe medications that an individual must take for a lengthy period of time. These medications might be used to treat certain brain injury side effects like anxiety, pain, muscle spasms, seizures, and depression. Traumatic brain injury victims may also need the services of a physical therapist, physiatrist, psychiatrist, speech pathologist, and occupational therapist. Moreover, brain injury treatment can involve outpatient therapy, home health services, and independent living programs.
Q: How do I know whether I can bring a claim for damages associated with a brain injury in New Jersey?
A: If another individual engaged in negligent actions and you sustained brain injuries as a result, then you might be able to bring a case against that negligent individual. The main element is that the individual acted wrongfully and that their conduct was the cause of your injuries.
Q: How long do I have to file a lawsuit for brain injuries in New Jersey?
A: Every state has what are called statutes of limitation which are laws that govern the deadlines for filing particular types of lawsuits. In New Jersey, if you sustain a brain injury, you have only two years from the date of that injury to file a lawsuit. If your brain injury was the result of medical malpractice, you also have two years from the date the harm was inflicted to file a lawsuit. This usually means two years from the actual alleged medical error, but it can also be two years from the date you discover the injury.
However, it is important to note that depending on the facts and circumstances of your case, the statute of limitations for your lawsuit might be shorter or longer. Accordingly, if you have suffered a brain injury, it is important that you contact a New Jersey Brain Injury Lawyer as soon as possible. If you miss the deadline for filing a lawsuit, you can lose your right to recover the damages you need and deserve.
Q: What kinds of damages might I be entitled to in a New Jersey brain injury case?
A: In New Jersey brain injury cases, it is possible that any medical expenses or lost wages you incur above what might ordinarily be covered by your insurance can be recovered from the individual or entity that caused or contributed to your accident and injury. Some of the other damages you might be able to obtain from the responsible party can include compensation for future medical expenses, rehabilitation and therapy expenses, future lost wages, and reimbursement for property loss or damage. Non-economic damages may include pain and suffering, emotional or psychological distress, loss of quality or enjoyment of life, permanent disability and disfigurement, and punitive damages. However, it is important to note that in New Jersey punitive damages are limited to no more than $350,000 or five times the amount of compensatory damages.
Q: What is comparative negligence and how is it applicable in New Jersey?
A: Comparative negligence is a principle in personal injury law that can reduce the amount of recoverable damages that an individual can recover in a negligence claim based on the degree to which that individual’s own negligence may have caused or contributed to the injury. In New Jersey, the comparative negligence statutory scheme is considered to be modified. What this means is that under the laws of New Jersey, an individual cannot recover if their own carelessness or negligence exceeds that of the individual they are seeking damages from. In other words, if you are found to be more than fifty percent responsible for the accident or incident that caused the injury, then you would be precluded from recovering damages from the other party.
Q: Do I need to hire an experienced brain injury lawyer if I’ve sustained a brain injury in New Jersey?
A: Brain injuries are serious and as mentioned above can require extensive and expensive medical treatment and a significant amount of time off from work. For something as severe as a traumatic brain injury, you will want to hire a lawyer you can depend on, who can navigate the complex legal process and help you obtain the compensation you need and deserve. At Parker Waichman LLP, our lawyers have helped numerous individuals recover damages so that they can get on with their lives and begin the healing process.
TALK WITH ONE OF OUR EXPERIENCED AND KNOWLEDGEABLE NEW JERSEY BRAIN INJURY LAWYERS TODAY
At Parker Waichman LLP, our lawyers have many years of experience assisting individuals who have sustained traumatic brain injuries as a result of the negligent or reckless actions of another individual or entity. An individual might sustain a brain injury in a number of different ways whether in a car accident, a workplace accident, medical malpractice, or an assault. But no matter how you obtained your brain injury, the effects can be lasting and devastating, not to mention the steep expenses that are involved. At Parker Waichman LLP, our lawyers are dedicated and understanding and will help you through the complex legal process in order to recover the compensation you need to the fullest extent possible. If you or a loved one is suffering from a traumatic brain injury that was caused by the reckless or negligent actions of another individual or entity, you may be entitled to damages. Be sure to speak with one of the experienced and dedicated New Jersey Brain Injury Lawyers at Parker Waichman LLP today by calling 1-800-YOURLAWYER (1-800-968-7529) or fill out our contact form online to schedule your free, confidential, and no-obligation consultation.
