East Brunswick Brain Injury Lawyer

Brain Injury Lawyer

A traumatic brain injury (TBI) can be life-altering and have wide-ranging implications for both victims and their families. These injuries are unfortunately quite common. According to the Journal of Head Trauma Rehabilitation, “Traumatic brain injury (TBI) is a leading cause of death and disability among persons in the United States. Each year, an estimated 1.5 million Americans sustain a TBI. As a result of these injuries, 50,000 people die, 230,000 people are hospitalized and survive, and an estimated 80,000-90,000 people experience the onset of long-term disability.” These estimates are likely quite low because many TBIs are never diagnosed.

Falls remain one of the leading causes of TBIs in the United States. This is especially true for older adults with reduced mobility. Motor vehicle accidents are another major cause of traumatic brain injuries. Many of these accidents involve one or more potentially liable parties. Any person who sustains a brain injury due to negligence may have legal recourse through a civil claim. If you or someone that you care about has sustained a brain injury, you may have legal recourse. The East Brunswick brain injury lawyers at Beninato & Matrafajlo are here to help you. We can investigate the unique facts of your case and let you know what your legal options are. You can reach out to us anytime at 908-248-4404.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a disruption in the normal function of a person’s brain due to a blow, jolt, or penetrating injury. TBIs can vary greatly in terms of severity, from mild concussions to severe diffuse axonal injuries. The impact of a brain injury on a person’s life can be profound and affect cognitive, physical, emotional, and behavioral functions. What follows are some of the common symptoms of a TBI.

  • Physical Symptoms: A TBI can result in a wide range of physical symptoms, including headaches, nausea, fatigue, seizures, and dilated pupils.
  • Cognitive Symptoms: It is common for victims of TBIs to experience many different cognitive symptoms, including memory problems, difficulty concentrating, confusion, and slowed thinking. These symptoms often become more prominent with time.
  • Emotional Symptoms: A TBI can also affect a person’s emotional wellbeing. It is common for TBI patients to experience mood swings, irritability, depression, anxiety, and changes in personality.
  • Sensory Problems: Victims suffering from TBIs may experience sensory problems, sensitivity to light, and changes in hearing.

After any accident that causes head trauma, it is important to seek immediate medical care. This is particularly important for accident victims who experience any of the above symptoms. Even a seemingly minor injury or blow to the head can result in internal bleeding that can potentially be deadly. Early diagnosis and treatment are vital for managing the effects of a TBI and getting the best medical outcome.

How Are Traumatic Brain Injuries Diagnosed?

Diagnosing a traumatic brain injury is a complex process that requires a thorough evaluation by healthcare professionals. In most cases, doctors will perform an initial assessment that takes into consideration a person’s medical history. Patients may then receive a physical examination to assess vital signs, responsiveness, and neurological function. After this initial assessment, healthcare providers will consider a number of other tests and metrics to determine the presence of a TBI and its severity.

  • Neuroimaging Tests: A computed tomography (CT) scan is often the first imaging test performed in order to diagnose a TBI. This scan provides cross-sectional images of a person’s brain that may reveal the presence of fractures, bleeding, bruising, and swelling. Patients may also undergo magnetic resonance imaging (MRI). An MRI can offer a more detailed image of a person’s brain and used to determine the extent of damage over time.
  • Neurological Evaluations: When evaluating for the presence of a TBI, doctors will typically utilize tests to determine the function of a person’s nervous system, including reflexes, eye movement, coordination, and muscle strength. Doctors may also test a person’s cognitive functions, such as memory, language skills, and problem solving.
  • Blood Tests: In recent years, scientists have been able to develop blood tests that can help diagnose TBIs and their severity. Certain biomarkers are used to make this determination. In particular, people who have suffered brain injuries are likely to have the two proteins UCH-L1 and GFAP in their bloodstream.
  • Glasgow Coma Scale (GCS): This scale is used to evaluate a person’s level of consciousness after any head injury. Healthcare professionals using the GCS scale are measuring a person’s eye response, motion response, verbal response, and pupil response. Higher scores are associated with more severe brain injuries.

For individuals diagnosed with a TBI, ongoing monitoring and follow-up care are essential. When patients seek follow-up care, doctors are able to track progress, identify possible complications, and adjust treatment plans. In many cases, a TBI can lead to serious neurological illnesses. For example, a TBI can increase a person’s risk of developing neurodegenerative disorders such as Alzheimer’s disease, Parkinson’s disease, and Chronic Traumatic Encephalopathy (CTE).

Who Can Be Liable For A Traumatic Brain Injury?

Depending on the facts of any case, there could be several liable parties for any instance where a person suffers a TBI. A person may sustain a traumatic brain injury while working or simply from falling. It is common for people to blame themselves if they hit their head while falling or during some activity. But this is a mistake. Many of these accidents involve negligence by property owners or other parties. What follows below are some of the common causes of TBIs, along with potentially liable entities.

  • Falls: A property owner or a business could potentially be liable if someone sustains a TBI from a fall on their property. Property owners in New Jersey have a legal obligation to maintain their properties in a reasonably safe condition. A fall could take place due to uneven flooring, cracks in sidewalks, or slick floors.
  • Car Accidents: When a New Jersey car accident results in a serious injury, such as a TBI, impacted drivers can seek aid through a negligence claim. There are many different ways that a driver could have acted negligently, including speeding, driving drunk, and performing dangerous left turns.
  • Truck Accidents: Larger commercial vehicles, such as trucks, can weigh 10 times more than passenger vehicles. Their increased weight can dramatically increase the severity of accidents. Victims often sustain TBIs even during low-speed collisions.
  • Construction Accidents: Construction workers are exposed to a variety of hazards during the course of their occupation. This includes being injured in falls and being hit by falling objects. When a worker is injured, they will typically have recourse through worker’s compensation. A third-party claim may also be pursued against a general contractor if a worksite is in an unsafe condition.
  • Assaults: Many TBIs are the result of a victim being assaulted by one or more people. If an assault took place at a business, that business could be held at fault through a negligent security claim. Businesses must protect guests from reasonably foreseeable injuries, including those caused by criminal activity.
  • Medical Malpractice: A medical error during surgery or the administration of anesthesia could result in a TBI. If this occurs, the hospital or healthcare providers that administered care could be liable.
  • Excessive Force: A government agency such as a police department could be liable if a person sustains a traumatic brain injury due to the excessive force of a police officer. According to the Law Enforcement Epidemiology Project, police use-of-force incidents result in 75,000 injuries and hospitalizations every year.

Hiring an attorney after suffering a TBI is crucial to protecting your rights and safeguarding your future. Their expertise, resources, and advocacy can make all the difference in the world in terms of getting the best outcome after any accident. After any traumatic brain injury, do yourself a favor and consult with an experienced attorney about what your legal options are. They can evaluate your case free of charge and let you know if you may be entitled to compensation for your injuries.

Getting Legal Help After A Traumatic Brain Injury

At Beninato & Matrafajlo Attorneys at Law, LLC we understand how hard it can be to live with the effects of a brain injury. We are committed to getting our clients the medical and financial support that they need in order to recover. The aftermath of a traumatic brain injury can be challenging, but you don’t have to face these challenges alone. Our team of East Brunswick brain injury lawyers is here to serve your needs.

Have you or someone that you care about sustained a TBI due to the negligence of another person or company? You may be entitled to financial compensation. Our attorneys have decades of experience and have recovered over $100 million for clients all across New Jersey. Whether you just have legal questions or are thinking about hiring an attorney, we may be able to assist you. You can reach out to us anytime at 908-248-4404.

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Frequently Asked Questions

Symptoms of a TBI may include headaches, nausea, fatigue, seizures, and dilated pupils.

There are many long-term implications for a TBI. In particular, a TBI can increase a person’s risk of developing neurodegenerative disorders.

Your healthcare provider may perform many different procedures or tests to determine the presence of a TBI. This may include neuroimaging tests and neurological evaluations.

There are a number of common causes of TBIs including falls and motor vehicle accidents.

Every case is different. But some of the factors that will determine the value of any claim will include the presence of lost wages, the cost of medical bills, and a victim’s pain and suffering.