Edison Brain Injury Attorney
Life with a traumatic brain injury often looks very different than it did before the accident, both for the victims of those injuries and for the loved ones who share life with them. Slip and fall accidents, construction accidents, and auto accidents can all leave you with traumatic brain injury through no fault of your own.
A personal injury claim cannot restore your brain to normal function—but if you suffered your traumatic brain injury due to the negligence of another party, a personal injury claim can help provide the funds you need to move forward with your life. Contact an Edison Brain Injury lawyer today for a free case evaluation with our personal injury team.
The Impact of Traumatic Brain Injury on Your Life
In the movies, traumatic brain injuries looks primarily like the loss of long-term memories. In reality, however, a traumatic brain injury often has more serious implications for every part of the victim’s life. Depending on the severity of the traumatic brain injury, victims may face ongoing challenges in their daily lives.
Physical Implications of Traumatic Brain Injury
Following a traumatic brain injury, many victims experience physical symptoms that limit them as they go about their daily lives. They may experience:
- Ringing in the ears
- Changes in sensory perception, including the way they perceive heat, cold, smell, or taste
- Visual disturbances, including blurred vision or tunnel vision
- Sleep disturbances
While some of these symptoms may decrease with time, other victims of traumatic brain injury experience permanent physical symptoms that can make it difficult to move forward with daily activities, whether at home or in the workplace.
Mental Challenges Faced After Traumatic Brain Injury
Traumatic brain injuries often cause complications that make it impossible for the victim to return to work or normal activities immediately after the accident. Often, victims suffer from:
- Long-term memory problems. Many victims of a traumatic brain injury suffer from serious memory problems. Some victims notice that these memories return gradually over time, often in response to specific triggers. Other victims may never fully recover some of their memories. In many cases, victims with traumatic brain injuries never fully remember the events surrounding the accident, including the accident itself, time in the hospital, or the events immediately before the accident.
- Short-term memory problems. Most people, at one time or another, will struggle to remember why they walked into a room or what they intended to do with a specific item. Victims who have suffered a traumatic brain injury, on the other hand, may struggle to remember simple things that usually remain in short-term memory: a person’s name, for example, or instructions for a task that needs to be completed. Victims may lose track of where common items throughout their homes get stored, requiring them to label the contents of drawers or cabinets to find things in the home.
- Issues focusing or concentrating. For many people with a traumatic brain injury, keeping attention focused long enough to complete a task becomes incredibly difficult. Victims of a TBI may struggle to concentrate on anything, whether watching television long enough to follow the plot of a story or completing an assignment at work. Unfortunately, this difficulty with focus can make it challenging for many victims of a TBI to return to work immediately following their accidents—and some victims never fully recover their former capacity for focus.
- Confusion and disorientation. Many victims with a traumatic brain injury become confused very easily. Victims may struggle to handle tasks that require a great deal of processing capacity or find themselves struggling to understand what someone else said to them.
The Emotional Challenges of Traumatic Brain Injury
In addition to physical and emotional symptoms, many victims with traumatic brain injuries face substantial emotional symptoms: not just emotional reactions to those injuries and the limitations that go along with them, but emotional disturbance caused by the injury itself. The brain, in addition to handling most cognitive tasks, also regulates emotion.
As a result, people who have suffered from a traumatic brain injury may struggle with:
- Depression and/or anxiety
- Difficulty regulating emotions
- Mood swings
- Inappropriate emotional responses to stimuli
The more severe the injury faced by the victim, the greater the likelihood grows that the victim will have ongoing symptoms. Even some victims with a minor traumatic brain injury have symptoms more than a year after the initial accident. Victims who sustain a severe traumatic brain injury may face years or even a lifetime of symptoms.
Filing a Personal Injury Claim After Traumatic Brain Injury
Filing a personal injury claim after a traumatic brain injury can help you seek compensation that, while it may not restore cognitive function or take back the pain and suffering you experience, can take some of the financial pressure off of you after your accident. Consulting an attorney often makes the personal injury claims process easier.
Finding the Responsible Party After Your TBI
After a traumatic brain injury, working with an attorney can help you better determine the party or parties responsible for your injuries. In some cases, multiple parties may bear liability for your injury. Consider these questions:
- Who bore a duty of care to you at the time of the accident? If you visited a store, for example, that store bears a duty of care to all its patrons to ensure a safe shopping experience.
- Who violated that duty of care? In the scenario mentioned above, for example, a store that failed to install handrails along a ramp or stairway in accordance with OSHA regulations could have violated its duty of care. Likewise, a store that did not put up wet floor signs or warn patrons about a slippery space violated its duty of care to visitors to the store.
- Did that violation lead to your traumatic brain injury?If, for example, you slipped and fell in the store, hitting your head on the floor or a nearby wall and causing your traumatic brain injury, the store may bear responsibility for your injuries.
By consulting an attorney, you can often develop a better picture of everyone who shares responsibility for your traumatic brain injury. For example, if a construction company left cords lying about in the store that caused you to trip and fall, that company might share liability for your injuries.
If more than one party caused your traumatic brain injury, you may need to file separate personal injury claims against each liable party to get the full compensation you deserve—and working with an attorney will help decrease the odds that you will miss anyone who owes you compensation for your injuries.
The Compensation You Can Expect for a TBI
After your TBI, you want to know how much compensation you can expect for your injuries. The compensation you receive can help pay your medical bills and make up for the fact that you must stay out of work following your head injury. Your compensation, however, will vary. When you consult an attorney, that attorney may give you a better picture of what compensation you can expect for your traumatic brain injury.
- Who caused your accident? If your TBI occurred in an auto accident, for example, your maximum compensation may stop at the limits of the insurance policy. If the responsible party carries minimum liability coverage, for example, he may carry only $15,000 in bodily injury liability coverage per individual injured in an accident. Stores, on the other hand, may carry a higher level of liability coverage that will make it easier for you to get the full compensation you deserve.
- How high are your medical costs? The cost of TBI can range, depending on its severity, between $85,000 and $3 million during the injured individual’s lifetime. If you face severe traumatic brain injury, especially with lifelong implications, you may have higher medical expenses than someone who makes a full recovery within a few months or years. The higher your medical expenses, the more compensation you should expect from the insurance company, up to the limits of the policy.
While other people’s results from personal injury claims, including accidents with traumatic brain injury, cannot guarantee the results of your claim, most people with TBI do use several guidelines to help put together their personal injury claims package. These elements usually include:
Medical expenses. After a traumatic brain injury, you will often spend time in the hospital. You may need multiple scans to track your brain’s recovery: after even a mild concussion, doctors want to track progress to ensure that the individual makes a full recovery. When you put together your claims package, talk to your lawyer about all of your medical expenses. You may need to include:
- Follow-up scans and procedures after your accident
- Visits with a physical or occupational therapist to help you relearn how to perform common activities
- Visits with a psychologist or psychiatrist to help manage symptoms of emotional disturbance
Lost wages. Even if you have no physical pain associated with your traumatic brain injury and you have no other injuries from your accident, traumatic brain injury can prevent you from returning to work or from performing your full work duties. If you work in a very focus-oriented profession or one that requires creative thinking or problem-solving, a traumatic brain injury may prevent you from performing those functions the way you did before the accident. You may need limited time at work even when you first return, since you may grow frustrated due to these increased challenges. Including lost wages as part of your personal injury claim can help you get compensation for some of that missed time at work.
Lost earning potential. When you suffer a severe traumatic brain injury, not only can it prevent you from returning to work short-term, it can impact your ability to ever perform that job to the best of your ability again. Some victims who’ve sustained a traumatic brain injury cannot work at all. Others must leave their current jobs behind for a position that requires less focus or comprehension. Filing for lost earning potential can help you return to school or gain certifications that make it possible for you to pursue new job opportunities.
Pain and suffering. A traumatic brain injury may cause physical pain and suffering through nausea, headaches, seizures, and vertigo. In addition, however, it often causes substantial emotional trauma—both because of the emotional regulation difficulties faced by victims with traumatic brain injury and because of the extreme difficulty associated with processing and focus following traumatic brain injury. Many victims with a traumatic brain injury find that they have trouble maintaining relationships or creating new relationships following the injury, especially as interests change or emotional processing remains difficult over time.
Common Edison Brain Injury Claim Frequently Asked Questions
One of the most impactful injuries to incur in Edison due to someone else’s negligence is a traumatic brain injury. These injuries often require additional compensation to account for lost earning capacity and other impacts with which the sufferer must contend.
Here are some questions the Edison brain injury lawyers at Jacoby & Meyers LLP most frequently hear regarding compensation for brain injuries.
Edison Brain Injury FAQs
A catastrophic injury is a term used to define an injury that is likely permanent solely due to the part of the injured body and will likely result in the inability to earn an income again. The term most commonly describes brain or spinal cord injuries.
The brain and the spinal cord make up the body’s central nervous system, with the brain sending messages along the spinal cord to control the body’s voluntary and involuntary responses. Despite the importance of the brain, it has only a limited ability to heal after injury, meaning that much of the damage incurred is permanent.
More than 5.3 million people in the U.S. live with traumatic brain injury-related disabilities. More than half of the nation’s homeless population consists of individuals with traumatic brain injuries. The costs and the impacts of the injury often cause homelessness.
The lifetime cost of medical treatment alone due to a brain injury ranges between $85,000 and $3 million. These costs include treatment of the injury itself and procedures, medication, and other interventions required to address the many complications of the injury, including extensive hospitalizations, surgery, and medications to prevent seizures.
Like many cities in the northeast, Edison sees a tremendous amount of traffic, particularly along I-287. Traffic accidents are one of the most common causes of traumatic brain injuries. Additionally, the city is usually undergoing several construction projects. Falls are among the most common accidents resulting in brain injuries and one of the most common construction site injuries.
The statute of limitations for an Edison brain injury claim is two years from when the accident occurred in most cases. However, extensions apply if an individual suffers a birth injury due to a medical error. You generally have two years to file your claim in court. Failure to file the lawsuit within that time will likely result in the loss of the right to use the court system to seek compensation for your injury.
Unfortunately, without the ability to take your claim to court, you will likely find that the at-fault party’s insurance provider is no longer willing to engage in settlement negotiations either. Without litigation, there is little reason for the insurer to negotiate.
Brain injury claims are typically valued higher than other claims due to the permanent nature of the injury. However, no two brain injuries are alike, and even brain injuries diagnosed as “mild” can produce permanent impacts, including chronic pain and memory loss. There is no “average” brain injury or brain injury claim.
However, some factors that can impact the value of your claim include:
- How much insurance the at-fault party has. Insurance companies place limits on the policies they sell, which involve a maximum amount available to be paid out. If the expenses and impacts of the injury exceed the limits of the at-fault party’s insurance policy, the at-fault party can be on the hook for covering those expenses. However, it is very difficult to collect a judgment against an at-fault party without insurance, as most people cannot afford to compensate for the expenses involved with this type of injury out-of-pocket.
- The severity of the injury. Some individuals will emerge from a head injury relatively unscathed. Others will be unable to earn an income or live independently for the rest of their lives. The disabilities you incur due to the injury will impact its value.
- The amount of income you earned before the injury. This helps to calculate your loss of earning capacity. You may also obtain compensation for emotional damages if you can no longer work in the career you chose and invested your time and education into.
To be eligible to file a brain injury lawsuit in New Jersey, you must have incurred the injury because of someone else’s carelessness or recklessness and have incurred medical and psychological costs because of the injury.
The common types of accidents that can result in a brain injury and give rise to a personal injury lawsuit include:
- Motor vehicle accidents resulting from another motorist’s negligence, or defective parts used on the vehicle
- Falls account for more than eight million visits to U.S. emergency rooms each year. Falls can result from slip-and-fall accidents—the most common type of premises liability claim—or can occur on construction sites or even during recreational activities.
- Swimming pool accidents, including near-drownings, can result in an anoxic brain injury. This type of injury occurs when the brain is deprived of oxygen for long enough that the brain cells begin to die. Brain death starts after about four minutes without oxygen. Brain injuries can also occur if a person falls, is pushed, or dives into shallow water.
- Medical errors that result in depriving a patient of oxygen
- An individual who intentionally caused the injury through assault, or even the owner or possessor of the property on which the assault occurred, if they failed to take actions to protect visitors from known security issues on the property.
An estimated 96 percent of personal injury claims resolve before the case goes to trial. Both sides of a claim generally prefer settlement negotiations to litigation due to the time, expense, and uncertainty of going to court.
While a settlement is a far more likely outcome to your claim, if the insurance company refuses to compensate you for your injury, you may need to go to court. You need an attorney by your side who is comfortable with litigation and confident in their ability to fight for the compensation you need, wherever that fight ends up.
Liability is an important question, regardless of the severity of your injury and its impacts on your life. Without proving that someone else was liable for causing the injury, you cannot have a successful outcome for your claim.
To prove the liability of any party, you must show:
- The at-fault party owed you a duty of care. A duty of care is a reasonable person’s actions in a given circumstance to avoid injuring other people or property. Examples include a motorist operating their vehicle safely and legally, a property owner or renter inspecting their property regularly to ensure that it does not contain hazards, or even a liquor licensee refusing to overserve alcohol to customers or furnishing it to those under 21.
- A breach in the duty of care resulted when the at-fault party took actions contrary to protecting others from injury or damage to their property.
- This breach resulted in an accident in Edison that caused you to incur a brain injury. Because of the accident, you incurred expenses and impacts.
Depending on the circumstances of the accident that caused your injury, some potential sources of liability include:
- Property owners
- School officials, if your child suffered a brain injury while under school supervision
- Bar or restaurant owners if they wrongly furnished alcohol and the individual who consumed it got caused an accident
- Doctors and other health care providers whose error resulted in a brain injury
- The manufacturer of a defective product resulted in an accident where you were injured.
While there is no requirement to have an attorney when seeking compensation after a brain injury, there are many reasons why having one is highly encouraged. Because of the often-catastrophic nature of the injury, a value for your claim must include future expenses and impacts to provide you with enough compensation.
An attorney understands how to value a claim and the type of evidence needed to justify that value. Additionally, an attorney understands the tactics that insurance companies often use to reduce or eliminate claims and how to counter those tactics.
Your attorney understands the timelines in your claim, with an extraordinary focus on ensuring that your claim is filed within the statutory deadline of two years to protect your right to seek compensation through the courts. While all decisions on your case remain yours, an attorney can provide guidance and experience to help you make informed decisions that reflect your best interest.
Your lawyer should have experience with brain injury claims.
The attorneys from Jacoby & Meyers LLP brought many successful brain injury claims, obtaining results such as:
- $8.323 million settlement for the family of an infant who suffered cerebral palsy due to the failure of a doctor to perform a C-section when medically necessary
- $5 million verdict in one of the largest verdicts against a nursing home in New York state for the brain damage and ultimate death of a resident after staff failed to properly monitor and treat the resident for a dangerously low blood sugar level.
- $3.5 million settlement against a New Jersey contractor who overworked an employee, leading to the employee having a transportation accident that caused a car accident that resulted in another motorist sustaining a brain injury and being unable to work.
- $2.5 million settlement for a car accident that resulted in a client suffering leg and knee fractures and a fractured skull, and a traumatic brain injury
While these do not guarantee an outcome in all cases, the experienced Edison legal team at Jacoby & Meyers LLP is eager to offer our services to you, starting by answering your questions and offering a free claim evaluation. We only charge a legal fee if we obtain a settlement or court award on your behalf.
For your free case evaluation, contact Jacoby & Meyers LLP online or call (732) 287-6890.
The Benefits of Hiring a Brain Injury Attorney for Your TBI Claim
Following a traumatic brain injury, you do not have to have an attorney to file a personal injury claim. Many victims choose to work directly with the responsible party’s insurance company. Attempting to handle the claim on your own, however, can present many difficulties. Many insurance companies will automatically offer a higher settlement when you have an attorney on your side to avoid a prolonged court battle.
In other cases, you may need an attorney to assist with negotiation, help you understand the full compensation you deserve for your injuries, or decrease much of the frustration you feel in dealing with the insurance company yourself. When you hire an attorney to represent you after a traumatic brain injury, you get the reassurance of knowing a dedicated, experienced team will fight to see your interests protected.
Do You Need a Traumatic Brain Injury Attorney in Edison? Call Us.
If you suffered a traumatic brain injury in an accident caused by another party’s negligence in Edison, or are caring for a loved one with a TBI, Jacoby & Meyers, LLP, located at 1929 Route 27, Edison, NJ 08817, can help you seek the compensation you deserve.
Contact us today by filling out a free case evaluation or at (732) 287-6890. One of our compassionate Edison traumatic brain injury associates can help you build a plan for the best path forward.
Edison, NJ 08817
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“I’m really grateful for the settlement my lawyers at Jacoby & Meyers helped me to obtain. I was badly hurt when another driver crashed into my card. The driver was carelessly. My team at Jacoby & Meyers didn’t let the reckless driver get away with it. I’m really glad I made the call to Jacoby & Meyers and would suggest anyone hurt in a car crash do the same.”
Review by: Jose V.
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