Pursuing Compensation for a Traumatic Brain Injury

Posted on behalf of James Lynch on May 8, 2018  in Personal Injury News. Updated on March 2, 2022

brain imaging scanA traumatic brain injury (TBI) can greatly impact the lives of victims and their loved ones. Depending on the severity of the injury, victims may suffer permanent damage that can affect their ability to live a normal, independent life.

By filing a personal injury claim after suffering a TBI, you may be able to alleviate some of the expenses and burdens many brain injury victims experience.

Lynch Law Firm, PC’s New Jersey brain injury lawyers will help value your claim and help you pursue maximum compensation if your TBI was caused by another person’s negligence. Request a free, no obligation consultation now to find out your legal options.

Types of Traumatic Brain Injuries

A TBI is a head injury that disrupts the brain’s normal functioning, and can result from car accidents, slip and fall accidents and other types of trauma. There are several types of TBIs a victim can suffer, including:

  • Concussion: This is a mild type of TBI and typically requires rest to make a full recovery. In some cases, concussions can cause ongoing health issues, such as chronic headaches.
  • Cerebral contusions: Cerebral contusions are bruises that occur in the brain that may cause internal bleeding. A Coup-Contrecoup is a contusion that affects both sides of the brain.
  • Diffuse Axonal: A TBI can result when the brain has been injured due to blunt-force trauma that caused the brain to shift, the brain’s structure may be torn due to the rotation.
  • Open Head Injuries: Open head injuries happen when objects penetrate the skull, exposing the brain. This type of injury can be worsened when bone fragments impact the brain and cause further damage.

Compensation for Your Traumatic Brain Injury

Because TBIs range in severity, victims may be entitled to several types of compensation. Our attorneys will look at all areas where you have been affected to determine the types of compensation you may be entitled to. This may include:

  • Past and future medical expenses
  • Lost wages
  • Lost earning ability
  • Caregiver expenses
  • Pain and suffering
  • Rehabilitation
  • Prescription medication
  • Loss of enjoyment of life
  • Loss of companionship
  • Disfigurement
  • Loss of reputation

In some cases, a court may award the victim punitive damages if it can be proven the at-fault party’s actions were malicious, intentional or grossly negligent. However, punitive damages are not intended to compensate the victim, but are awarded to punish the at-fault party financially and deter others from committing similar actions.

How an Attorney Will Value Your Claim

To value your claim, your attorney will consider many factors regarding your injury to ensure you are being compensated fairly. It is important that you work with a lawyer who has experience helping TBI victims. He or she will have a clear understanding of these injuries and what effect it may have on you and your family.

Your attorney will consider how your TBI affects you physically, cognitively, behaviorally and mentally when determining what types of compensation you should pursue. He or she will also use evidence to support the value of your TBI claim, which may include:

  • Medical records showing the severity of your TBI
  • Future medical treatment or care you may need to treat your TBI
  • Testimony from family members, friends and coworkers who can speak to the ways your TBI has impacted your life, relationships and ability to work
  • Evidence supporting how your TBI has affected your ability to work now, and how it may prevent you from earning income in the future

Contributory Negligence

Your attorney will also consider any fault you held in the accident when determining its value. New Jersey’s contributory negligence statute allows victims to recover damages as long as the victim does not hold more negligence in the incident than the other party or combined negligence of multiple parties.

Contact Lynch Law Firm, PC for Help

If you suffered a TBI in an accident caused by someone else’s negligence, you may be entitled to pursue compensation for your medical bills, lost wages, and pain and suffering.

The experienced New Jersey personal injury attorneys of Lynch Law Firm, PC will evaluate your case and pursue maximum compensation for the damages you have experienced. Request a free, no obligation consultation with our lawyers now. When you work with our firm, there are no upfront fees – you only pay legal fees and expenses if we recover compensation for you.

Call (800) 518-0508 or complete our Free Case Evaluation form now.

* Results may vary depending on your particular facts and legal circumstances.

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