Every year, millions of accident victims dismiss seemingly minor symptoms as temporary inconveniences. What they do not realize is that they may be experiencing the early stages of traumatic brain injury (TBI).
A TBI can lead to a wide range of physical, emotional, and cognitive problems. In New Jersey, accident victims have the right to seek compensation for their injuries, including TBI.
The immediate step to take
The first and most important step after any accident involving a head injury is to get medical attention. Even if you think your injury is minor, a medical professional can properly assess your condition. A doctor can identify signs of brain trauma that you might miss and recommend the appropriate diagnostic tests.
Delaying medical care can worsen your prognosis and may also hurt any future legal claims you pursue. In New Jersey, as in many states, establishing the link between your accident and your injuries is easier with prompt medical documentation.
Recognizing the signs
Brain injuries can manifest in many ways. Be aware of the common indicators of a TBI, such as:
- Persistent headaches: Headaches after a head injury are a common symptom. If your headache is severe, worsens over time, or does not go away, it could signal a more serious brain injury.
- Dizziness and balance problems: Feeling lightheaded, dizzy or having trouble keeping your balance are concerning signs. These symptoms may indicate a disruption in your brain’s ability to process sensory information.
- Memory loss or confusion: Difficulty remembering the accident itself, forgetting recent events or feeling confused about your surroundings are clear indicators of brain trauma. You might also struggle to concentrate or follow conversations.
- Changes in mood or personality: Irritability, anxiety, depression, or sudden mood swings can all be linked to a brain injury. Your brain controls your emotions, and damage can disrupt this balance.
- Sleep disturbances: Sleeping more than usual, having trouble falling asleep or waking up frequently during the night are often reported by individuals with TBIs. A damaged brain may struggle to regulate normal sleep patterns.
- Sensitivity to light and sound: If bright lights or loud noises bother you more than usual, it could be a sign of a concussion or other brain injury. Your brain may be having difficulty processing sensory input.
It is vital to document all your symptoms, no matter how minor they seem. Keeping a detailed journal of your experiences can provide valuable information to your doctors and, if needed, your legal team. This documentation can help establish the impact of the injury on your daily life.
Your legal rights
New Jersey recognizes the devastating impact of traumatic brain injuries and offers robust legal safeguards. Crucially, the state’s modified comparative negligence rule means that even if you were partly to blame for the accident, you can still secure compensation – provided your percentage of fault is less than 51%.
New Jersey also has no cap on damages for personal injury cases involving brain trauma. This means courts can award full compensation for medical expenses, lost wages, pain and suffering and future care needs. The statute of limitations generally gives you two years from the date of the accident to file a lawsuit, though exceptions may apply in certain circumstances.
Why legal representation matters
Insurance companies often minimize brain injury claims because symptoms are not always visible. They may offer quick settlements that fall far short of covering your long-term needs. Brain injuries frequently require years of rehabilitation, ongoing medical care and may prevent you from returning to your previous job.
An experienced personal injury attorney understands how to prove the full extent of brain trauma and its impact on your life. They can work with medical experts, vocational specialists and economists to calculate fair compensation that covers both current expenses and future needs. Do not hesitate to seek their help.