A traumatic brain injury (TBI) is usually caused by a violent blow or jolt to the head or body that causes injury to the brain. They are typically the result of sudden and immediate trauma and can range in severity. Mild or moderate TBIs may only have short-term effects, while severe TBIs can be permanent with life-altering consequences. TBIs will alter how your brain works and communicates with your body. It can affect how you think, understand, talk, and move. No matter the type or severity of your TBI, you may be entitled to compensation if someone else's negligence caused it. Our traumatic brain injury lawyers can help!

Two Types of TBIs

There are two main types of TBIs: penetrating and non-penetrating. Most often, TBIs are immediately evident and detectable after physical trauma to the brain. However, they can develop slowly over an extended period with no immediate and apparent symptoms. 

  • Penetrating TBI. A penetrating TBI occurs when a foreign object pierces the skull and goes into the brain. For instance, a shard of metal, knife, or bullet that penetrates the skull and brain.
  • Non-penetrating TBI. A non-penetrating TBI does not pierce the skull but happens when a sudden and significant external force causes the brain to move violently within the skull. A fall, car accident, or explosion can cause this.

It is also possible to have both types of TBIs at once.

Identifying a Traumatic Brain Injury

Diagnosing a TBI is not always easy because you may not experience symptoms right away or because your symptoms may be commonly attributed to other conditions. If you are involved in any type of incident and hit your head, it is vital to be checked out by a doctor as soon as possible to identify and treat a TBI quickly. 

Symptoms of a TBI can include:

  • A persistent severe headache,
  • Nausea,
  • Vomiting,
  • Loss of coordination,
  • Dizziness,
  • Blurry vision,
  • Confusion,
  • Difficulty sleeping or sleeping too much,
  • Memory loss,
  • Trouble speaking,
  • Sudden mood swings,
  • Inability to focus,
  • Difficulty walking, and
  • Abrupt personality changes. 

You may experience one or more symptoms simultaneously or at different onsets, but regardless, it is essential to seek medical attention if you experience any of these or have a general sense that something is not quite right. 

Common Causes of Traumatic Brain Injuries

Often, traumatic brain injuries stem from horrific accidents, but sometimes, it is a simple misstep or fall that results in a severe brain injury.

Examples of common causes of TBIs include the following:

  • Motor vehicle accidents,
  • Slip and falls,
  • Bicycle accidents,
  • Pedestrian accidents,
  • Construction site incidents,
  • Explosions,
  • Physical violence, and
  • Sports injuries.

Sometimes, a head injury is the result of an actual accident, but often, it's caused by someone's negligence.

New Jersey Statute of Limitations for Filing a TBI Claim

In New Jersey, you typically have two years from the date of the injury to initiate a lawsuit. While this is the general rule, many exceptions or circumstances can alter this timeframe. For instance, a child will have two years from their 18th birthday to file a personal injury claim, and a medical malpractice victim might have longer than two years if the injury was not immediately discoverable. Understanding how much time you have to file your claim can be challenging, and keeping track of time might be the last thing on your mind when you are recovering from a severe brain injury. Contacting a traumatic brain injury attorney is the best way to preserve your rights. 

Potential Damages in a TBI Case

In a TBI case, you can seek compensation for the harm you endured. Generally, two categories of damages are available: economic and noneconomic. 

Economic Damages

Economic damages compensate a TBI victim for their actual calculable losses. These include:

  • Medical expenses,
  • Lost wages,
  • Lost health and retirement benefits, and
  • Any other financial calculable loss you may have suffered due to your injury.

The amount of economic damages you can receive will vary dramatically from case to case. For instance, an individual requiring extensive lifelong medical care will suffer more economic damages than someone requiring only a few doctor's visits. Traumatic brain injury attorneys can help you estimate your financial loss.

Noneconomic Damages

Noneconomic damages compensate plaintiffs for their subjective losses and the negative impact of their injury on their lives. 

Examples of noneconomic damages include:

  • Pain and suffering,
  • Emotional distress,
  • Disfigurement, and
  • Loss of enjoyment of life.

These damages are more challenging to calculate because there are no receipts or invoices for someone's internal pain and suffering. Although more difficult to quantify, non-economic damages often comprise a significant portion of an award. A New Jersey traumatic brain injury lawyer can help you negotiate the damages you deserve. 

Traumatic Brain Injury Lawyers

At O'Connor, Parsons, Lane & Noble, our traumatic brain injury lawyers have been named to the Thomson Reuters Super Lawyers list for their record of success. We represent each client with compassionate yet aggressive advocacy. Whether you suffered a TBI in an accident or at the hands of a doctor, we are here for you. Contact us today for a no-cost consultation.

Resources:

  • National Institute of Neurological Disorders and Stroke link.