Jersey City Traumatic Brain Injury Lawyer

The lawyers of Davis, Saperstein & Salomon, P.C. provide skilled and experienced legal representation for people who have suffered traumatic brain injuries due to someone else’s negligence. Because brain injuries can be so devastating and forever alter a person’s life, our Jersey City brain injury attorneys are here to provide knowledgeable, compassionate counsel to brain injury survivors and their families. We can help you evaluate whether filing a brain injury lawsuit is appropriate in your case.

The Centers for Disease Control and Prevention (CDC) defines a traumatic brain injury (TBI) as “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” A TBI may produce physical signs, but some symptoms may take days or weeks to appear. A serious TBI can significantly impact a person’s ability to take care of himself or herself.

Davis, Saperstein & Salomon, P.C., represents clients throughout the Jersey City area. If your injury limits your mobility, our attorneys can meet with you at a location in Jersey City that is convenient to you such as your rehabilitation center, home or hospital. Start your free case review by calling (800) LAW-2000 or by filling out a contact form online.

Types of TBIs

People can suffer any of multiple kinds of TBIs that vary in severity and the impact they have on the individual’s life.

The most common kind of TBI is a concussion, which is a mild brain injury. A concussion is typically treated with rest and avoidance of strenuous activity. An accident victim who has a concussion may develop post-concussion syndrome. The signs of post-concussion syndrome include headaches, dizziness, irritability, and difficulty thinking and concentrating.

Four other kinds of brain injuries include:

  • Contusion — A contusion is similar to a concussion and usually occurs at the same time. Contusions are brain bruises that cause bleeding and may require surgery. The extent of the damage caused by a contusion will depend on the location of the contusion, the size of the brain bleed and how long the person has had the injury.
  • Coup-Contrecoup — A coup-contrecoup injury occurs in two areas of the brain — at the point of impact and on the side opposite the point of impact. A coup-contrecoup injury is caused by the brain banging back and forth inside of the skull. 
  • Diffuse Axonal Injury — A diffuse axonal injury occurs when the nerve fibers that transmit signals in the brain are stretched or torn. A diagnosis of diffuse axonal injury typically indicates widespread brain damage. Diffuse axonal injuries are typically classified as Grade I, Grade II, or Grade III injuries, with Grade I being the least severe and Grade III being the most severe.
  • Penetrating Injury — When external objects pierce the skull and damage the brain, the impact is a penetrating injury. Bullets are a common cause of penetrating injuries. These brain injuries also can occur in car accidents, workplace accidents, construction accidents and other devastating events. Doctors must determine whether the object should be removed. Removal may cause bleeding in the brain that can make the injury worse. Blood clots and lack of oxygen to the brain are significant concerns for people who have suffered penetrating injuries. Some of these injuries could require multiple surgeries.

These types of injuries can result in a wide variety of symptoms, the severity of which can depend on the severity of the underlying injury.

Physical symptoms of a TBI may include:

  • Migraine headaches
  • Repeated vomiting or nausea
  • Seizures
  • Fluids draining from the nose or ears
  • Convulsions
  • Weakness or numbness in fingers and toes
  • Dizziness
  • Loss of consciousness
  • Loss of coordination
  • Blurred vision

Mental or cognitive symptoms may include:

  • Short-term memory loss
  • Changes in appetite
  • Depression
  • Confusion
  • Slurred speech
  • Disorientation
  • Agitation
  • Amnesia
  • Irritability

After a possible brain injury, you should not wait to experience symptoms before going to a doctor for an examination. Symptoms could take several days before they appear and can worsen very quickly.

Causes of TBI

People can suffer TBIs in any Jersey City accident that results in a blow or sudden jolt to the head. Traumatic brain injuries are commonly reported in:

  • Auto Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Workers’ Compensation
  • Construction Accidents
  • Drug Injuries
  • Slip & Fall Accidents
  • Dangerous Products
  • Escalator Accidents
  • Bus & Train Accidents
  • Defective Medical Devices
  • Premises Liability
  • Boating & Recreational Accidents
  • Aviation Accidents
  • RTV Accidents

A report from the CDC stated that an estimated 283,000 children in the United States seek care in emergency departments every year for sports- or recreation-related brain injuries. Contact sports contributed to almost half of sports- or recreation-related TBI hospital visits. The activities with the highest number of sports- or recreation-related TBI visits included football, bicycling, basketball, soccer, and playground activities.

A separate Report to Congress from the CDC stated that young children had the highest rates of TBI-related emergency department visits among all age groups. The report found that there were approximately 640,000 TBI-related emergency department visits, 18,000 TBI-related

hospitalizations, and 1,500 TBI-related deaths among children 14 years of age and younger in 2013.

If your brain injury or your loved one’s injury was caused by the negligence of someone else, you should seek the guidance of a Jersey City brain injury lawyer. You may have a right to file a brain injury lawsuit and demand compensation for your medical bills and other losses related to the accident.

Steps to Take After TBI Accident

Keep in mind that many people are unaware that they have suffered a traumatic brain injury. It is vital to get a thorough evaluation and diagnosis from a medical professional as soon as possible after an accident. You should follow up with your doctor if the symptoms begin appearing in the days and weeks afterward.

A doctor’s evaluation will document your injury and create a medical record that may serve as evidence if you need to file a brain injury lawsuit. Be sure to save medical bills, and receipts for other expenses you incur during your treatment. You may seek reimbursement for these costs as well as the cost of future treatment, physical assistance, disability, and other damages if you choose to take legal action against the individual or business that caused your injury.

Contact a Jersey City personal injury attorney at Davis, Saperstein & Salomon to discuss the details of your accident and to understand your legal options. Be sure to have available any evidence that you secured at the scene and your medical bills, records of time missed from work, and other financial documents.

Do not discuss your accident with the insurance company representing the liable party. While the insurance company may claim that it will take care of you and that you do not need to worry about hiring an attorney, the truth is that insurance companies are motivated to protect their bottom line They will try to resolve all claims for as little money as possible. Let your attorney handle discussions and negotiation with the insurance companies so that your claim will be protected and handled the right way.

Understanding Your Recoverable Damages After a Brain Injury

A traumatic brain injury can lead to significant physical, emotional, and financial burdens. At Davis, Saperstein & Salomon, P.C., our goal is to help you recover full and fair compensation for all your losses, ensuring your past, present, and future needs are met. We meticulously quantify both the damages you’ve already incurred and those you’ll face long-term.

Quantifying Incurred Damages

We work diligently to calculate the precise value of all damages you’ve already sustained. This includes gathering and analyzing:

  • Medical Bills: Comprehensive records from hospitals, emergency rooms, doctors’ offices, and specialists.
  • Care Receipts: This includes in-home care, nursing services, or assistance you’ve required.
  • Lost Wages and Earnings Documents: Pay stubs, tax returns, employment contracts, and other records to prove income lost due to your injury.

Projecting Future Costs

Unlike immediate medical bills, the true cost of a TBI often extends far into the future. Our experienced Jersey City brain injury attorneys collaborate with a network of experts to project these critical future expenses, including:

  • Ongoing Medical Treatment: Future surgeries, specialist consultations, medication, and regular check-ups.
  • Long-Term Caregivers: Costs associated with professional home health aides or specialized care facilities if you require ongoing assistance.
  • Therapy and Rehabilitation: Physical therapy, occupational therapy, speech therapy, cognitive therapy, and psychological counseling to aid in your recovery and adaptation.
  • Assistive Equipment: Expenses for necessary equipment like wheelchairs, ramps, adaptive devices, or home modifications to accommodate your disability.

Non-Economic Damages

Beyond the tangible financial costs, TBIs inflict immense emotional and psychological toll. We fight to ensure you are compensated for these non-economic damages, which can be just as debilitating:

  • Lost Earning Potential: If your TBI permanently affects your ability to work or reduces your earning capacity, we will calculate the lifelong impact on your income.
  • Pain and Suffering: Compensation for the physical pain, discomfort, and emotional anguish you endure due to your injury.
  • Emotional Distress: Damages for anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges arising from the TBI. We understand the need for ongoing mental health care.
  • Loss of Enjoyment of Life: Compensation for your inability to participate in hobbies, social activities, and daily pleasures you once enjoyed.

Valuing Permanent Disability

For cases involving permanent disability, our firm leverages extensive legal precedent and collaborates with a team of highly qualified experts. We work with:

  • Neuropsychologists: To assess the long-term cognitive and emotional impact of your TBI.
  • Life Care Planners: To develop a comprehensive plan outlining all your future medical, personal care, and assistive needs.
  • Economic Experts: To project the financial costs associated with living with a permanent disability throughout your lifetime.

This collaborative approach allows us to assign an accurate monetary value to your permanent disability, ensuring it is fully incorporated into your total claim value and reflects the actual costs of living with such a devastating injury.

How a Jersey City Lawyer Can Help a TBI Victim

Davis, Saperstein & Salomon, P.C., will conduct an independent investigation of the accident that caused your TBI. We will determine the cause of the accident, gather all evidence needed to prove another party’s negligence, and then identify all liable parties. We will also protect your legal rights and help you file a claim or a lawsuit for damage.

We offer free consultations and you pay on a contingency basis. You will only pay when you get an amount from the other party.

Our firm will then seek to negotiate on your behalf with the insurer for a fair and full settlement of your case. Some people think that they are capable of negotiating their own settlements. These efforts frequently result in the denial of their claim, or a settlement for much less than the full amount they are actually owed. We will calculate the potential value of your claim, considering damages, future care costs, lost earnings, pain and suffering, and other economic and non-economic damages

Davis, Saperstein & Salomon, P.C., will work towards a just settlement that covers all of your past, present, and future needs. When an insurance company refuses to agree to a fair settlement, our firm will be prepared to try your case in court.

The New Jersey Statute of Limitations for Brain Injury Lawsuits

Time is of the essence in a brain injury, or any personal injury, lawsuit. In New Jersey, there is a strict legal deadline, known as the statute of limitations, by which you must file your personal injury lawsuit. Missing this deadline can result in the permanent dismissal of your case, regardless of its merits.

In New Jersey, you generally have two years from the date of the incident that caused your brain injury to file a personal injury lawsuit. This two-year deadline also applies to wrongful death lawsuits if a brain injury unfortunately leads to a fatality.

Exceptions and Importance of Swift Action

While the two-year rule is standard, certain exceptions may apply:

  • Discovery Rule: If your brain injury or its connection to a specific incident wasn’t immediately diagnosed or reasonably discoverable, the two-year period may begin from the date you reasonably should have discovered the injury and its cause. This is particularly relevant for some TBIs where symptoms may be delayed or initially subtle.
  • Minors: If the injured party was a minor at the time of the incident, the statute of limitations typically does not begin to run until they turn 18.

It is crucial to consult with our firm right away after a brain injury. Prompt action helps us:

  • Meet Deadlines: Ensure your case is filed within the strict legal timeframe, preventing dismissal.
  • Preserve Evidence: Allow for the immediate collection of vital evidence, such as cell phone footage, security camera recordings, witness testimonies, and accident reports, before it is lost or expires. The longer you wait, the harder it can be to secure crucial information.

Do not delay in seeking legal advice. Contact us immediately for a free consultation to discuss your specific situation and ensure your rights are protected.

Contact a TBI Attorney in Jersey City Today

Did you or your loved one sustain a TBI in an accident caused by another party’s negligence in Jersey City? The brain injury attorneys of Davis, Saperstein & Salomon, P.C., have secured fair and just compensation for individuals and families just like yours, and we’re ready to fight for you.

Our firm is a team of 25 lawyers who have been helping clients for more than 35 years. Our law firm’s national headquarters is located in Teaneck, N.J., just across the river from Manhattan. You can call (800) LAW-2000 or contact us online to receive a free consultation to discuss the accident, the cost of treatment and care after a traumatic brain injury, and how we can help you get the compensation you are owed.