New Jersey Traumatic Brain Injury Attorney

Brain injuries can be difficult to identify or diagnose, making legal claims arising out of negligence even more complicated. In many cases, personality changes, depression, mood swings and lack of capacity can indicate to loved ones that a victim has suffered a traumatic brain injury (TBI). At Brady Reilly & Cardoso, LLC, in Kearny, New Jersey, we are experienced in the investigation of accidents resulting in traumatic brain injury. Our priority is to help victims and families collect maximum compensation so that they can focus on healing and recovery.

New Jersey Traumatic Brain Injury Resources

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What is a Traumatic Brain Injury?
Identifying Serious Brain Injuries After Impact
Potential Symptoms of a Brain Injury
How a Brain Injury Attorney Can Help
Determining Liability for a Brain Injury
How Much is a New Jersey Brain Injury Case Worth
Know Your Rights & Claim Value

What is a Traumatic Brain Injury?

A traumatic brain injury is an acute and potentially life-changing condition. It typically results from a sudden blow or jolt to the head that disrupts normal functioning of the brain.

Depending upon the intensity and force behind the accident, this could lead to a mild concussion which heals quickly, or a serious TBI, leading to lifelong consequences.

There are two primary types of brain injuries: closed and penetrating.

Closed brain injuries represent the type of TBI where your skull remains intact and unbroken. These are often caused by swift shaking or sudden movements that make the brain strike against the inside of the skull – situations such as car accidents and falls can lead to closed brain injuries.

Penetrating brain injuries involve a situation where an external object breaks through your skull and damages your brain. A common example includes gunshot wounds.

Identifying Serious Brain Injuries After Impact

In many cases, a traumatic brain injury will not be identified for weeks or months after an injury. If you suspect that someone you love has been affected by a brain injury, it is important to consult with an experienced medical professional as soon as possible. Our New Jersey personal injury attorneys work with experts who can investigate the cause of injury and identify all responsible parties. We will pursue maximum compensation for medical expenses, lost wages, long-term care needs and any other losses your family has endured.

Our New Jersey traumatic brain injuries attorneys are experienced with cases involving:

Potential Symptoms of a Brain Injury

The symptoms of a brain injury can vary greatly depending on the type and severity of the injury. Common symptoms can include:

Headaches or migraines
Difficulty focusing or concentrating
Memory lapses and forgetfulness
Dizziness or balance problems
Trouble with vision, such as blurriness
Sensitivity to light and/or sound
Nausea and vomiting

More severe brain injuries might lead to stronger symptoms like:

Seizures
Loss of consciousness that could last minutes to hours
Profound confusion
Significant mood swings and personality changes
Difficulty in speaking coherently

If you’re experiencing any irregularities after a head injury – however minor it may seem – consult with your healthcare provider. Timely diagnosis plays an important role in health outcomes following brain injuries.

How a New Jersey Brain Injury Attorney Can Help

A New Jersey brain injury attorney can play a crucial role in your pursuit of justice following a traumatic injury. Here are some steps a lawyer will take to assist you with your claim:

Evaluate Your Case

An attorney starts by comprehensively evaluating your case. They assess the details of your injury, reviewing all aspects and understanding its impact on your life to determine if a viable legal claim exists.

Identify Liable Parties

Your attorney can help you determine who is legally responsible for your brain injury. This could include individuals directly involved in the incident, but also companies or public entities if negligence on their part played a role in causing the accident.

Gather Evidence

Assembling compelling evidence is another critical step where your New Jersey brain injury attorney can assist. By collecting all relevant documents and evidence, such as medical records, accident reports, expert testimony, video footage, photos, and witness testimony, your lawyer builds a strong case in support of your claim.

Calculate Damages

Your attorney will also determine how much you should seek in your claim. This involves estimating medical expenses, lost income, property damage, and other related out-of-pocket costs.

Negotiate With Insurance Companies

Your brain injury attorney will handle all communications with insurance companies and attempt to come to an out of court settlement instead of having to take your case to trial. This is typically quicker and less stressful for everyone involved.

Represent You in Court

If reaching a negotiated settlement does not work out, a lawyer will file a lawsuit on your behalf and represent you at all court hearings.

If you’re dealing with a brain injury, always reach out to a lawyer as soon as possible. They can guide you through each step and help you pursue rightful compensation for the impact the injury has had on your life.

Demonstrating Liability for a Brain Injury

Establishing liability for a brain injury involves demonstrating that another party’s negligent actions or inaction caused your injury. To do this, there are four primary elements that must be proven:

Duty of Care: This means showing that the responsible parties had an obligation to ensure your safety under the specific circumstances. For example, if the brain injury occurred as a result of a car accident, showing a duty of care would be fairly simple, as all drivers have an obligation to act reasonably and take steps to keep other road users safe.
Breach of Duty: After establishing the duty of care, you must provide evidence showing that the defendant failed to meet their obligations, meaning they breached this duty. For example, a driver ran a red light.
Causation: You will also need evidence demonstrating how this breach directly caused your accident and injuries. This could include showing that a driver who ran a red light then crashed into you.
Damages: Lastly, you must demonstrate that you’ve suffered a loss as a result of this injury. This could be costs associated with your medical care, lost wages due to days off work, or any other damages resulting from your brain injury.

Successfully proving negligence in a brain injury case can be complex, so seeking help from an experienced brain injury attorney is always a good idea.

How Much is a New Jersey Brain Injury Case Worth

The value of a brain injury case in New Jersey varies quite a bit and must be looked at on a case-by-case basis. However, there are certain factors that often influence the value, including:

Severity of The Injury

More severe injuries tend to result in higher compensation as they generally necessitate more extensive medical treatment and care. Severe injuries could also lead to long-term disability, incurring further costs throughout the injured person’s lifetime.

Victim’s Pre-Injury Health and Age

Younger victims and those who were healthy before their injury are likely to receive higher compensation due to the loss of potential earnings over many years ahead.

Insurance Policy Limits

The defendant’s insurance coverage also comes into play when determining settlement amounts. If policy limits are low, negotiating larger settlements can be difficult even if damages far exceed these policy limits. To obtain the damages you need when insurance coverage is low, you would have to file a personal injury lawsuit.

Strength of Evidence

The availability and quality of evidence supporting your claim is also critical in determining the worth of a brain injury case. Concrete proof showing the defendant’s negligence will help establish liability, and thorough documentation illustrating the effects of your injury adds to the validity of your request for compensation.

Working with an experienced personal injury attorney can be tremendously beneficial if you or a loved one has suffered a brain injury due to someone else’s negligence.

Know Your Rights and the Value of Your Claim

Do not settle without first consulting with an experienced attorney who can properly valuate your losses. These cases can be complicated and you may not have a clear understanding of how much your claim is worth. Our lawyers will work with financial planners and medical experts who will determine a fair settlement or verdict. At every stage, we will work to protect your rights and recover the full compensation you need and deserve.

Free consultations · Evening, hospital and in-house visits · Spanish and Portuguese language services available · Se habla español · Call (201) 997-0030 or contact us by e-mail to arrange a case evaluation directly with a North Arlington brain injury attorney.