The CDC reports that, in the U.S. alone, traumatic brain injuries (TBIs) cause an estimated 61,000 deaths annually, and around 5.3 million people live with TBI-related disabilities.
Suffering from a TBI can lead to disabilities that seriously affect a person’s cognitive, emotional, and physical capacity. These types of injuries have long-lasting consequences that can affect a person’s quality of life, independence, family, and relationships.
Any person dealing with a brain injury caused by another party’s fault or negligence should have an experienced brain injury lawyer on their side.
Brain injury lawyers are committed to helping their clients obtain the maximum compensation amount to ensure that they can receive adequate care through their recovery.
What is a Traumatic Brain Injury (TBI)?
A TBI is a type of injury that affects the normal functioning of the brain either temporarily or permanently.
Head injuries can be caused by almost anything, including:
- Firearm-related injuries
- Bumps
- Sudden movement
- A blow to the head
- Falls
- Assaults
- Auto accidents
- Bike accidents
- Medical malpractice
Depending on the severity of the injury, a person with TBI may face temporary or permanent disabilities.
A mild concussion, for instance, may cause short-term symptoms that disappear after a few days or weeks. More severe concussions may result in a moderate to severe TBI that leads to long-term or lifelong symptoms which require ongoing medical assistance or rehabilitation.
Frequently Asked Questions:
How Do I Know If I Have a Valid Case?
Typically a doctor will diagnose a TBI (brain damage) via an MRI or CT scan.
Although it may take some time to get a clear picture of the extent of the damage, you should still contact a New Jersey brain injury attorney right after your first visit to the doctor.
Brain injury attorneys will determine the merits of the case depending on the following factors:
- The cause of the injury
- Evidence collected from the accident scene
- The medical report
- The specific symptoms of the TBI
- How the injury is affecting the person’s quality of life and ability to work
Traumatic brain injury lawyers will determine if the injury resulted from another party’s negligence and breach of a duty of care.
For example, if the TBI was caused by a traffic accident, the lawyer will help the claimant prove that the other driver wasn’t exercising their duty of care—by driving under the influence or not paying attention to the road—and that the claimant’s injuries were directly caused by such negligence.
What Damages Can I Claim?
TBI victims may be able to seek compensation for the following:
- Costs of medical treatment and surgery
- Hospitalization expenses
- Costs of rehabilitation, occupational therapy, and physical therapy
- Costs of prescription medication
- Costs of behavioral counseling
- Pain and suffering
- Lost wages
- Loss of companionship
- Lost enjoyment of life
Brain injuries can be difficult and expensive to treat. Without prompt and proper treatment, a person is at a higher risk of developing permanent disabilities.
Treatment may also help improve their quality of life. Without the assistance and representation of a qualified brain injury attorney, it will be difficult for the victim to recover the level of compensation often required to cover the extensive costs of care.
Do I need to hire a lawyer to pursue my case?
Yes. Because of the possible long-term effects of TBI, any victim needs a reliable NJ brain injury lawyer by their side.
A TBI lawyer will handle the following:
- Review accident videos, photos, and witness statements
- Evaluate medical records
- Work with experts to better understand the accident and the extent of the injury
- Communicate and negotiate with insurance companies
- Build a strong case for settlement negotiations or, if necessary, litigation
Injury victims who hire a knowledgeable head injury lawyer are more likely to recover more compensation than those who don’t. With an attorney by their side, they can focus on their treatment and recovery and be assured that there’s someone committed to fighting for their rights and interests.
Do I need a lawyer with specialized knowledge of brain injuries?
Yes. It’s best to work with a personal injury attorney who has experience in handling, negotiating, and litigating cases involving traumatic brain injuries. A head injury attorney is more familiar with the distinct issues involved in the case and is better equipped to handle their client’s needs.
Their competence and experience in this specific discipline will be crucial in helping the claimant recover the maximum compensation possible to get their life back on track.
How much will a traumatic brain injury case cost me?
No one is prepared for the expensive impact of a TBI. On top of the health problems and changes in one’s quality of life, TBI comes with a terrible financial burden. Treatment, medication, and rehabilitation costs can get as high as $4 million over the lifetime of a single patient. This amount is well above the coverage that most insurers provide.
Hiring an attorney for a head injury claim is also expensive. This is why most victims choose to hire a lawyer on a contingency basis. This means that the lawyer will only get paid once they’re able to recover compensation on their client’s behalf. The legal fees are often a percentage of the settlement amount or the judgment award. In New Jersey, contingent fees are usually set at around 30 percent of the total amount.
How much is my brain injury case worth?
Although not all of the problems caused by a brain injury are financial, placing a dollar amount on these problems is one of the ways that the law can support claimants. Establishing the value of a brain injury case involves looking at both the economic and non-economic damages.
- Economic damages include medical costs and lost income. A lawyer can help the claimant calculate the value of these expenses as well as projected costs for future treatment or care and even reduced earning potential.
- Non-economic damages include mental anguish, post-traumatic stress disorder (PTSD), emotional trauma, and pain and suffering. A lawyer can also help document and put a value on these damages.
Contact a NJ Brain Injury Attorney Today
If you or a loved one is suffering from a brain injury due to the actions or negligence of another party, you need to hire a lawyer who can fight with you to get the compensation you deserve. An experienced New Jersey brain injury lawyer can help you strengthen your case.
Our team of lawyers at The Grossman Law Firm has helped countless injured victims and their families recover settlements and get favorable jury verdicts. We’ll work hard to make sure you obtain the compensation you need.
Contact us now at (732) 722-5760 to schedule an initial consultation.