Catastrophic Injury/Traumatic Brain Injury in New Jersey & New York
A “traumatic brain injury” is a term used to describe physical damage to the brain due to external physical forces like a car accident, a high fall, or a gunshot to the head. Although an important potential indicator of a traumatic brain injury is unconsciousness, it is possible for a victim to sustain the injury without losing consciousness.
The Centers for Disease Control and Prevention reports that after a jolt or blow to the head causes the brain to make contact with the inside of the skull, a person could experience any degree of injury from a mild concussion to a serious traumatic brain injury with a lengthy period of unconsciousness.
According to the International Brain Injury Association, of all kinds of injury, injury to the brain is one of the most likely to cause permanent disability or death. In fact, it is the number one cause of disability and death worldwide.
Roughly one million people in the United States require a trip to the emergency room due to a brain injury every year and more than five million are living with a disability that was caused by a brain injury.
How is Catastrophic Injury Defined in New York and New Jersey?
Generally speaking, catastrophic injuries are injuries that result in serious handicap, or permanent injury needing life-long care. Some examples of catastrophic injuries include:
- A permanent neurologic injury, like cerebral palsy, caused by a physician failing to deliver an oxygen-deprived newborn in a timely manner.
- Serious brain injury or stroke as a result of anesthesia administered incorrectly.
- Amputation due to an on-the-job accident.
- Brain injury resulting from a cardiac or surgical procedure performed improperly.
- Stroke instigated by a doctor failing to identify a compromised airway.
- Quadriplegia and paraplegia directly caused by negligent medical care or a defective vehicle design.
- Traumatic injuries associated with car accidents.
- Paralysis arising from a physician failing to identify a compromised spinal cord.
- Critical burn injuries.
- Blindness linked to improperly performed or unnecessary surgery.
- Deafness linked to excessive exposure to antibiotics.
- Reflex Sympathetic Dystrophy (RSD) due to surgical mishaps or compression injuries.
Catastrophic injuries can be the end result of many different circumstances, like workplace accidents, traffic accidents, school or playground accidents, near-drownings, defective product design, medical malpractice, and even tripping and falling.
National Brain Injury Statistics
The Centers for Disease Control said that more than five million Americans are forced to live with a life-long disability due to a brain injury and that 3% of the juvenile population in the United States undergoes some form of brain injury every year. In addition to this:
- 4 million victims receive some extent of brain injury every year
- 250,000 of those will be hospitalized long-term
- 50,000 of those will die
The New Jersey Department of Health keeps track of brain injuries throughout the state. The most recent statistics. which are proportional to national statistics, state that:
- 40 state residents sustain a traumatic brain injury every day
- 175,000 residents are currently living with a TBI-related disability
- 1,000 die annually from TBI statewide
What is a Traumatic Brain Injury?
A traumatic brain injury is a dysfunction in the brain caused by an external force. Brain injuries fall into one of two categories: open head injuries and closed head injuries.
Open Head Injury
An open head injury happens when an object penetrates the skull. This often causes death or catastrophic injury that brings with it severe mental and/or physical limitations. Victims may experience:
- Damage to brain tissue
- Fractures of perforations to the skull
- Torn meninges (membranes that line the skull and spinal cavity and enclose the spinal cord and brain)
Closed Head Injury
In a closed head injury, the skull is not penetrated. It is caused by the brain striking the inside of the skull with force. Closed head injuries are common among car accident victims because the body is thrown around. Some examples of closed head injuries include:
- Concussions, especially those seen in contact sports such as football
- Contusions and lacerations
- Coup-contrecoup injuries
- Skull fractures
As bad as the initial injury is, victims are at a high risk of developing secondary illness or conditions, such as:
- Cerebral edema (swelling of the brain)
- An infection in the brain’s meningeal layers
- Epilepsy
- Changes in the levels of neurotransmitters, potassium, sodium in the brain
- Hypoxia (inadequate oxygen to the brain)
- Hypotension (low blood pressure)
- Hypertension (high blood pressure)
Three Types of Traumatic Brain Injury
The signs of a brain injury can sometimes be delayed, manifesting years after the injury, and range from minor headaches to a total loss of motor function. With more than one hundred trillion synaptic connections, the brain is a complicated organ and, due to its delicate nature, injuries can vary from serious to mild and come under one of the following classifications.
- TBI (traumatic brain injury): Skull fractures, open head injuries, and penetrating trauma
- MTBI (mild traumatic brain injury): Closed head injuries caused by mild force
- PCS (post-concussion syndrome): Blunt force and moderate impact injuries
Any of these injuries could potentially have long-term repercussions that you and your loved one will need assistance with. A New Jersey or New York brain injury attorney can guide you through the legal process of securing full financial compensation for your injuries.
An experienced personal injury lawyer will help you and your family find the treatment and care you need to live a better quality of life following a brain injury.
Why is a Brain Injury Called a Silent Injury?
A brain injury is sometimes referred to as a silent injury because it is possible for a victim to experience debilitating symptoms, such as difficulty focusing, problems with memory, difficulty thinking clearly, mood swings with no discernible cause, trouble sleeping, and feelings of lethargy. While a victim with brain injury is undergoing these symptoms, they appear to be completely healthy because there is no visible head wound.
Another reason a brain injury is called a silent injury is that the symptoms don’t always make themselves immediately known. Someone who was struck on the head may feel dizzy and woozy at first and then feel fine until a week or two later when serious symptoms start occurring.
Nobody wants to consider the possibility that they have sustained any kind of brain injury during an accident and, because of this, a lot of symptoms are ignored, dismissed, or blamed on other things, like medication. Regrettably, this delay often makes it hard for brain injury victims to get the medical treatment they need and the financial compensation they are entitled to.
If you were struck in the head or your body was jolted during a fall or a car accident, it is crucial that you receive medical attention immediately and the medical staff and your physician the details of your accident and subsequent injury, so they know what they need to look for.
You should also consult with an experienced catastrophic injury lawyer in New York or New Jersey if you are considering pursuing financial compensation for your injuries and other damages.
What Are the Symptoms of a Traumatic Brain Injury?
There are a lot of symptoms that could indicate you have a brain injury. If you undergo any of these, you need to seek medical care right away. Waiting could allow the injury to get worse.
- Vomiting
- Seizures
- Problems with balance and coordination
- Confusion
- Nausea
- Feeling dizzy or lightheaded
- Tinnitus
- Headache, particularly one that gets progressively worse
- Inexplicable mood changes
- Clear fluid draining from the ear or nose
- Loss of memory
If your accident was caused by another’s negligent, careless, or intentional actions, you may be eligible to seek compensation. Contact our New York or New Jersey brain injury lawyers to learn more.
What Are the Long-Term Effects of a Traumatic Brain Injury?
Brain injuries have to be evaluated on a case-by-case basis. Although each case is unique, almost all brain injuries have disastrous consequences that will impact the remainder of a victim’s life. A brain injury can affect your memory, thinking, movement, and emotional processes.
After being hospitalized with a traumatic brain injury, most victims will endure some kind of persistent medical problem. This can include:
- Altered emotional states, such as displaying aggression, anxiety, or fear in situations they normally wouldn’t, and other changes to their personality.
- Difficulty hearing, feeling, or seeing.
- A decline in cognitive functions, like an inability to recall information.
- Impaired motor functions.
Brain injuries demand extensive medical treatments and ongoing care. That is one of the reasons it is vital to evaluate all potential legal avenues for recovery.
Why Should I Work with a Catastrophic Injury Attorney?
The experienced attorneys at our firm are prepared to manage the legal process for you. This may include taking the following steps:
- Reviewing videos, photos, and witness statements
- Evaluating your medical records to better understand your injury
- Contacting expert witnesses regarding the accident or your medical condition
- Working directly with any involved insurance companies
- Preparing your case for settlement negotiations or trial if necessary
Our team has decades of experience handling complex injury cases. We are dedicated to your best interests and the recovery of maximum compensation after an injury.
Do I Have a Legitimate Traumatic Brain Injury Case?
Every case is different and should be reviewed by a skilled brain injury attorney. At Metro Law, we have been assisting personal injury clients for more than four decades. We know how to build a strong case and have a well-established track record of successfully pursuing maximum financial compensation for damages.
There are several factors to be considered regarding the merits of your claim:
- How the brain injury happened
- Your formal medical diagnosis
- Symptoms you are experiencing
- How your brain injury is affecting your ability to live and work
- Evidence of negligence you collected from the accident site
Our attorneys will have to determine if we can prove your brain injury was caused by negligence. That means we need to show that they violated their duty of care and this violation was the direct cause of your injury. Your brain injury must also have caused damages, like medical bills, lost income, and pain and suffering.
What Damages Will I Be Able to Claim?
Personal injury victims are often able to pursue various types of financial compensation to cover the emotional, financial, and physical impacts of a brain injury. For instance, your catastrophic injury attorney might seek recovery for the costs of your:
- CT scans and MRIs
- Surgeries
- Rehabilitation
- Occupational therapy
- Physical therapy
- Prescription medications
- Behavioral counseling
Brain injuries are normally severe and the necessary medical treatment is extremely expensive. Without the appropriate treatments, victims are at a much greater risk of developing permanent side effects. The right treatments will also help you manage those side effects and increase your quality of life.
Trying to recover full financial compensation for your damages without an experienced lawyer on your side is very difficult under the best of circumstances.
You might also be eligible to pursue compensation for the income you lost due to your brain injury. For instance, if you were physically unable to work or missed work to seek treatment, you may be able to include your missed wages in your claim.
Other losses that can be sought following a traumatic brain injury include:
- Diminished earning capacity
- Pain and suffering
- Loss of consortium
- Decreased quality of life
If you have questions regarding your potential New Jersey or New York personal injury claim, reach out to an attorney at Metro Law for a free consultation.
How Long Do I Have to File My Claim?
In New Jersey and New York, you are given two years from the date of your accident to file your claim. If you miss this important deadline, you could lose your right to file and will be unable to collect compensation.
Even though there are a few exceptions to this deadline, we strongly urge you to review your case with a knowledgeable attorney as quickly as possible. It will take time for them to determine if you may have a valid case, what your case is worth, and how to make it as strong as possible to ensure a financially positive outcome.
Contact Our New Jersey and New York Traumatic Brain Injury Attorneys
If someone else’s negligence was the cause of your brain injury, contact the New Jersey and New York traumatic brain injury attorneys at Metro Law by calling 973-344-6587 for a no-obligation consultation. Our legal team will immediately get to work investigating your accident and building the strongest case possible on your behalf.