Traumatic brain injury is one of the most devastating types of personal injury people experience due to accidents or medical errors. Recent statistics show a 53% increase in TBI incidents in the U.S since 2006. Most often, people who suffer a TBI have long-term effects or are permanently disabled. There will likely be future medical costs to consider since most serious brain injury cases require ongoing medical treatment and rehabilitation. Unfortunately, brain traumas could alter your life to the point you can no longer work and put you and your family under tremendous financial stress.
You deserve fair compensation if your life has been changed due to someone’s negligent actions. Personal injury cases involving traumatic brain injuries are usually complex and can take time to settle, and you should have experienced legal representation throughout the process. Judd Shaw Injury Law™ is the team you need when another party puts your well-being and future at risk.
What Is Traumatic Brain Injury?
An accident-related TBI is a forceful, external impact to the head that causes injury to the brain. This type of TBI can be closed (non-penetrating) injury or open injury where an object penetrates the skull causing harm to the brain. Medical TBIs mainly result from physician errors in surgical procedures. In New York, there are 400 daily incidents of traumatic brain injury, and between 12,000 to 15,000 New Jersey residents suffer traumatic brain injuries each year.
When you are in an accident, the trauma of a collision, whether an object strikes you in the head or your head makes an impact with an object, can damage your brain. You may have tearing in the tissue, bleeding or bruising, and damaging effects on brain structure. These types of catastrophic brain injuries can take years of recovery time. In many cases, victims are left with permanent changes to their cognitive, behavioral and mental functions.
What Are the Common Causes of TBI?
There are many causes of TBI injuries, and it is important to get prompt medical attention if you are injured in an accident. TBIs that go undiagnosed can lead to tragic outcomes. Here are some of the common causes of TBI:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace injuries
- Slip and fall accidents
- Construction accidents
In New York, the leading cause of TBI is falling. When you are injured in an accident due to another party’s negligence, you need a lawyer to protect your rights and get the compensation you deserve. It’s essential to have experienced legal counsel to help with decisions regarding your claim for damages.
Settling too soon with an insurance company in a brain injury case may leave you without the financial resources you need if your prognosis changes or your condition worsens. It is essential to follow a physician-directed treatment plan to learn the extent of your brain injury before agreeing to a settlement offer. If an insurance company tries to shift the blame to you for an accident, you may need to take your personal injury case to court. Medical care documentation is vital for the recovery of compensatory damages.
Why Is Traumatic Brain Injury a Serious Health Issue?
It is difficult to overstate the serious consequences of a traumatic brain injury. After an accident, the subsequent damage can potentially disrupt your entire life. You could require prolonged care to regain your ability to function normally. In catastrophic cases, permanent disability is a reality. In the U.S., 5.3 million people are disabled due to traumatic brain injuries. Some of the most serious issues related to brain trauma affect the intellect.
Cognitive issues affect your ability to process and recall information. You experience problems with memory, reason, judgment, concentration and learning.
Executive function issues can impair your ability to think critically and make decisions. You may have problem-solving, planning, multi-tasking and organizing deficits. Without these critical functions, returning to work may not be possible.
Why Is Determining Fault Critical to Your Claim?
Insurance companies for an at-fault party in an accident will fight to shift the blame away from their client. Fault must be accurately determined in an accident. Your lawyer lays out the facts of your case, so an insurance company can’t avoid paying what is rightfully owed to you. Additionally, a lawyer knows the complexities involved in proving fault in personal injury claims.
To recover damages for personal injury, you must prove the other party’s responsibility in an accident. New York is a pure comparative negligence state. This means damages paid to you can be reduced by the percentage you are at fault in an accident. New Jersey is a modified comparative fault state. Your damage award will be reduced by your percentage of fault. However, because New Jersey has a 51% rule, you can’t recover damages if you are more than 51% liable in an accident.
It is crucial to retain a lawyer to protect your rights in a TBI personal injury claim. An insurance company will use a range of tactics to avoid responsibility. The insurer hopes you tire of the process and take whatever settlement it offers. Your lawyer is there to protect your interests, so you get just compensation for the damages you are entitled to by law.
Why Do You Need a Traumatic Brain Injury Lawyer?
A TBI has profound effects on your quality of life. Aside from many functional impairment issues, a brain injury can cause seizures, fluid in the brain (hydrocephalus), infections and blood vessel damage. Researchers believe that brain-injured persons might be at greater risk of degenerative brain diseases in later life.
Your attorney will consider all the information that shows how this event changed your life. These considerations are based on some essential factors:
- Medical treatment (past and future)
- Wage loss (past and future)
- Lost or diminished earning capacity (your employment earnings potential over a lifetime)
- Rehabilitative therapy costs (physical, occupational and speech)
- Pain and suffering
- Property damages
- Personal care services (when you require ongoing assistive care)
- Out-of-pocket expenses (costs you paid related to your accident)
Careful attention must be paid to the things you will require throughout your life due to your injury so you can care for yourself and your family.
Your lawyer will also manage many other important details for you, so you can concentrate on getting your life back. While almost 96% of personal injury claims are settled outside of court, you may need to file a lawsuit. A traumatic brain injury lawyer develops your case presentation, prepares witnesses, and arranges expert testimony, so everything is ready when your time in court arrives. It is essential to have the support a knowledgeable and skilled legal professional can offer you.
Hire a Law Team That Fights for You
Judd Shaw Injury Law is the team that fights for your rights when you suffer a traumatic brain injury. Our firm operates on core values that we call the Judd Shaw Way. We understand how an injury can change your life and why you need time to heal. Our values define our commitment to our clients and our determination to help them receive the best possible results under the law.
We take the time to listen and learn how a TBI has affected your life. We thoroughly review the facts of your case and determine your options. Let us help you get your life back on track. It costs nothing to get started, and with our No Fee Guarantee®, you won’t owe us any money unless we get compensation for you. Contact us today for a free case review and let us put our experience to work for you.