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BRAIN AND SPINAL CORD INJURY
Cherry Hill Brain Injury Lawyer for Traumatic Brain Injury Victims
If you have suffered a traumatic brain injury due to the fault of another (whether your injury was mild, moderate, or severe), then you may be entitled to significant compensation under New Jersey law, particularly if your injury is so severe that it has an overall “catastrophic” impact on your life. Hire a Cherry Hill brain injury lawyer to pursue a legal claim for compensation and restitution.
Causes of Traumatic Brain Injuries (TBI)
Traumatic brain injuries can result any time you experience a blow to the head. A TBI may have an ongoing and sometimes permanent effect on your everyday life, including your ability to work and to perform your daily activities. If you have questions or concerns, speak with a Cherry Hill brain injury lawyer as soon as possible to discuss the particulars of your situation. TBIs take many forms, including:
- Skull fracture is a break in the skull itself. There are four major types of skull fractures. Linear skull fractures are the most common, and involve a break in the bone, but no movement of the bone. Usually, the patient will be observed in the hospital for a short amount of time and can resume normal activities in a few days. Usually, no surgery is necessary. In the case of a depressed skull fracture, part of the skull is actually sunken inwards from the trauma. This type of skull fracture may require surgical intervention, depending on the severity, to help correct the deformity. A diastatic skull fracture occurs along the suture lines in the skull and is more often seen in infants. A basilar skull fracture is the most serious type of skull fracture and involves a break in the bone at the base of the skull. These patients usually require close observation at the hospital.
- Closed-head injury occurs when there is an injury to the brain without a skull fracture or penetration into the head. A closed brain injury is can be caused by a rapid forward or backward movement and shaking of the brain inside the skull that results in bruising or tearing of brain tissue and blood vessels. Closed brain injuries are often caused by car accidents, motorcycle accidents, bus accidents, truck accidents, and falls.
- Concussion is an injury to the head area that may cause instant loss of awareness or alertness for a few minutes or a few hours after the traumatic event. The injury keeps the brain from working normally. It can result from a blow or a jolt to the head. Symptoms of a concussion may last less than a day or may linger for months or longer. Many concussions that require emergency treatment are because of falls, motor vehicle accidents, bicycle accidents, and sports injuries.
- Contusion is a bruise to the brain itself. It causes bleeding and swelling inside of the brain around the area where the injury occurred. Contusions may be caused by the sudden fast movement (acceleration) of the brain against the skull after a jolt – as may be delivered when a person’s head hits the dashboard or the steering wheel in a frontal-impact motor vehicle crash). The brain can be damaged at the point of impact and on the opposite side when it strikes the inside of the skull. Contusions may get larger in the hours and days after the injury, causing brain function to deteriorate.
- Penetrating brain injury, or open head injury, happens when there is a skull fracture, such as when a shrapnel or debris pierces the brain or debris.
ADDITIONAL CAUSES:
- Physical trauma
- Surgical error
- Infection
- Blood loss
- Anesthesia errors
- Illness/disease (i.e., tumors, degenerative brain disease, etc.)
- And more
How you approach a traumatic brain injury (TBI) case will depend largely on the severity of the injury. For example, the damages in a case involving mild TBI may be rather low compared to a case involving severe TBI that led to a yearlong coma.
Consequences of TBI
Mild TBI differs substantially from moderate and severe TBI. Professionals use objective criteria to describe these levels of severity.
MILD TBI
Mild TBI occurs when the victim has suffered a loss of consciousness that is less than a minute in length. There may be amnesia that lasts for roughly an hour (or less) after the victim regains consciousness. Typically, results on a brain imaging diagnostic test reveal no damaging results.
Mild TBI is associated with symptoms that include:
- Impaired concentration, attention, memory, and awareness
- Emotional issues such as irritability, depression, and mood swings
- General fatigue
- Insomnia
- Persistent nausea and dizziness
- Headaches
- And more
MODERATE AND SEVERE TBI
Moderate TBI occurs when the victim has suffered a loss of consciousness that lasts for more than a minute, but less than 24 hours. Amnesia may last for the same length of time (after the victim regains consciousness). After a moderate TBI, one’s brain imaging results tend to show abnormalities due to the damage.
Severe TBI involves a loss of consciousness (either a coma, vegetative state, or minimally responsive state) lasting for more than 24 hours. Amnesia may last for more than 24 hours after the victim has regained consciousness. As with moderate TBI, severe TBI involves brain imaging results that show abnormalities.
Moderate and severe TBI is associated with symptoms that include:
- Impaired concentration, attention, memory, and awareness
- More easily distracted
- Confusion
- Increased level of impulsiveness
- Impaired social skills, organizational skills, and planning
- Emotional issues such as irritability, depression, aggression, and apathy
- Impaired motivation
- Stamina loss
- Insomnia
- Vision problems
- Loss of appetite
- Bladder and bowel control issues
- Persistent pain
- Movement impairments
- Perception of temperature changes on the skin
- Paralysis
- Muscle weakness
- Spasms
- Speech issues
- Auditory sensitivity
- Persistent nausea and dizziness
- Tinnitus
- And more
Recoverable Money Damages for Brain or Spinal Cord Injuries
A Cherry Hill brain injury lawyer can advise you as to the categories of damages you may be able recover following an accident involving a brain or spinal cord injury in which someone else is at fault. First, you will be entitled to recover economic damages, which include past and future medical expenses, past and future lost earnings, as well as loss of earning capacity. An expert will provide an analysis of the expected lifetime earnings you will lose due to your injury. Many brain and spinal cord injury survivors are unable to return to work; others will eventually, but their recovery will likely take years. The expert will also show what you would have expected to earn over your lifetime if you had not been injured. Another expert, a life care planner, will assess your future care needs, such as whether you will need a part-time housekeeper or full-time attendant. You are entitled to recover the costs of necessary medical services, including any physical, occupational, or speech therapy.
A Proven Cherry Hill Brain Injury Lawyer Can Help You Get the Damages You Need and Deserve
You will also be able to seek noneconomic damages, for your pain and suffering and loss of enjoyment of life. Importantly, unlike in some states, there is no cap in New Jersey on the amount of economic or noneconomic damages a plaintiff may recover in a personal injury action.
In disputes where the losses suffered by the plaintiff are associated with a traumatic brain injury, a successful result will require the recovery of the maximum possible damages (under the circumstances) to ensure that all the losses are truly covered. We are aggressive litigators that know how to position our clients advantageously so that they can secure the best possible result.
Interested in having your claims evaluated? Call us at 856-354-9444 or contact us online to schedule a free, confidential, and no-obligation consultation with a skilled Cherry Hill brain injury attorney at Folkman Law. We make ourselves available 24/7 to answer any inquiries that you may have.