Perth Amboy Traumatic Brain Injury Lawyer
Traumatic brain injuries (TBIs) occur due to physical damage to the brain and surrounding tissue, caused by an external force. They can happen when something strikes your head or when a force violently moves your brain within your skull. For example, hitting your head on the windshield or coming to a sudden stop during a collision.
If you suffered harm because of someone else’s actions, a Perth Amboy traumatic brain injury lawyer from our firm can gather evidence, identify the at-fault parties, and seek compensation on your behalf. At a consultation with a catastrophic injury attorney, you can discuss your legal options and make an informed decision about how you want to proceed.
What Are the Typical Symptoms of TBI?
Symptoms of TBI can appear immediately or in the days and weeks following an accident. Therefore, seeking care from a medical professional after any head injury, even if you do not have symptoms, is essential.
Common physical symptoms include headaches, dizziness, slurred speech, nausea, weakness, and paralysis. Cognitive symptoms may include memory loss, slowed thinking, difficulty finding words, and poor concentration. You may also experience behavioral and emotional symptoms, such as irritability, depression, anxiety, impulsivity, and personality changes. Sleeping all the time or inability to sleep are also typical.
Many people refer to TBIs as invisible injuries because, in mild to moderate cases, MRI and CT scans can show no damage. After a head injury, talking to your doctor about anything that is out of the ordinary is crucial to ensure they can identify and treat your condition.
Typical Causes
Most accidents can result in brain injuries. The most common causes of TBIs include:
- Motor vehicle accidents involving passenger cars, commercial trucks, motorcycles, bicycles, or pedestrians
- Falls from heights, such as when using a ladder
- Slip and fall accidents, for which older adults are the most at risk
- Assaults and other violent crimes
Our knowledgeable Perth Amboy attorneys can gather evidence and review it thoroughly to determine the cause of your TBI and the party responsible.
Filing an Injury Claim After a TBI
Knowing and following the relevant laws is crucial to obtaining a settlement. One of the most important is the personal injury statute of limitations, which sets a strict deadline on the time you have to file. Under New Jersey Statute § 2A:14-1, you have two years to petition the court to initiate legal action and recover damages for a TBI caused by someone else’s negligence.
The countdown to the deadline starts the day of the accident.
However, if you weren’t immediately aware of the injury, the court may issue an extension under the discovery rule. In this case, the countdown starts the day you reasonably discover you suffered damages and losses as the result of an accident caused by someone else’s negligence.
Shared Fault
The state personal injury statute follows a modified comparative fault system for cases involving shared fault. If you are less than 50 percent responsible for the accident, you can collect a settlement for the defendant’s share of liability. This could occur if you fail to wear a safety helmet while operating a motorcycle or riding a bike.
If the jury determines you are more than 50 percent responsible, the law bars recovery of any monetary damages from the other party. Our skilled Perth Amboy attorneys can handle the legal aspect of your TBI claim and provide advice and guidance throughout the process.
Contact an Attorney in Perth Amboy To Discuss Your TBI Claim
TBIs can be catastrophic, costly, and may affect nearly every part of your life. If someone else’s negligent actions caused an avoidable accident that resulted in a TBI, you have the right to prepare a claim and seek compensation.
A Perth Amboy traumatic brain injury lawyer from our firm can help you through the legal challenges and will fight for a favorable outcome so you don’t have to pay for another person’s actions. Contact us today to schedule an appointment to review your case and discuss your options.
