The physical, emotional, and financial challenges stemming from a traumatic brain injury can be overwhelming. If you have suffered a traumatic brain injury due to another person's negligence or wrongdoing, explore your legal options for recovery. As New Jersey personal injury lawyers, we recognize the profound impact that a traumatic brain injury can have on not only your life, but also the lives of your loved ones, and are committed to helping you get the compensation and justice that you deserve. 

What Are Traumatic Brain Injuries?

Traumatic brain injuries (or TBIs) are injuries to the brain which can result from motor vehicle accidents, slips and falls, workplace mishaps, sports injuries, or even violent acts. When the brain experiences a sudden impact or jolt, it can sustain significant movement or forces that can disrupt its normal functioning. This disruption may be temporary or permanent and can lead to a wide array of physical, cognitive, emotional, and behavioral challenges.

The severity of traumatic brain injuries can differ greatly. Some people experience mild symptoms like headaches and confusion, while others face may suffer more serious issues such as memory loss, impaired motor skills, and personality changes. In severe cases, traumatic brain injuries can lead to a coma or death.

What Is It Like to Live with a TBI?

Physically, people with a TBI may experience a wide range of symptoms depending on the severity of their injury. These symptoms can include headaches, dizziness, fatigue, and difficulties with coordination and balance. Daily tasks that were once effortless can now become arduous, requiring assistance or adaptive equipment.

Cognitively, a TBI can result in memory loss, difficulty concentrating, impaired reasoning and problem-solving skills, and decreased mental processing speed. These cognitive challenges can affect home and work productivity and the ability to manage daily responsibilities effectively.

Emotionally, individuals with a TBI may battle mood swings, irritability, depression, anxiety, and difficulty controlling their emotions. Relationships with loved ones can become strained due to changes in personality and behavior, leaving both the injured person and their families feeling frustrated and overwhelmed.

What Does It Cost to Live with a Severe TBI?

Accurate data on the exact cost of living with a TBI can vary depending on the severity of the injury and the person's specific circumstances. However, a study from the Centers for Disease Control and Prevention (CDC) estimated that the average lifetime cost per TBI survivor is approximately $485,000 for people with moderate injuries and over $3 million for those with more severe ones. These figures take into account things like medical expenses, rehabilitation costs, as well as indirect costs like loss of productivity and quality of life.

Direct medical expenses can be a major financial burden for TBI survivors. Emergency room visits, hospitalizations, surgeries, and ongoing medical treatment and care quickly add up. In addition to medical costs, TBI survivors often need long-term and/or on-going nursing or support, including rehabilitation services and specialized therapy. These expenses can last many years, if not a lifetime, further contributing to the overall financial devastation of living with a traumatic brain injury.

Furthermore, the injured individual may lose their job or career due to their inability to work or work in the same capacity as they had previously. This loss of earnings and status can have additional long-term effects and add further to their financial strain. For all of these reasons, it is crucial to talk to a New Jersey personal injury lawyer before agreeing to settle your potential case for the first compensation amount offered to you by the defendant’s  insurance company. These numbers may seem significant initially, but often, considering the full scope of your injury, they are unacceptably low.

Your Legal Options for Recovery After Suffering a TBI

As New Jersey personal injury attorneys, these are your best legal options after someone else’s negligence caused you or a loved one to suffer a traumatic brain injury:

Personal Injury Lawsuit

One of the most common legal options for individuals who have suffered a TBI is to file a personal injury lawsuit. In this type of lawsuit, you would be entitled to financial compensation from the party responsible for causing your injury. This could be an individual, business or even a government entity.  For your case to be successful, we need to prove that the other party was at fault for the accident that caused your TBI.

In a personal injury lawsuit, you can recover monetary compensation for various types of damages, including current and future medical expenses, lost wages, pain, suffering, disability and the loss of enjoyment of life. By pursuing a personal injury case, you can hold the responsible party accountable for their actions and secure the financial resources you will need to move forward and heal.

Workers Compensation Claim

If your traumatic brain injury occurred during the course of your employment, you may be eligible to file a workers compensation claim. Workers compensation is a type of insurance that provides coverage for medical treatment, wage replacement, and other benefits to employees who are injured on the job. Workers Compensation is a “no fault” system, which means that you are entitled to bring a claim regardless of who caused your accident.  Depending on the circumstances, you may be entitled to bring a personal injury lawsuit, a workers compensation claim or both.  

In order to bring a successful workers comp claim, as your New Jersey personal injury lawyer, we will need to be able to establish that your TBI was work-related and occurred within the scope of your employment.

If you are approved for workers compensation benefits, you can get coverage for your medical expenses, a portion of your lost wages, and a permanency award, should you have any permanent residual symptoms. You may likewise be entitled to vocational rehabilitation, as well as ongoing disability benefits (if you are unable to return to work). It's important to note that pursuing a workers comp claim is typically separate from any personal injury lawsuit you may choose to file. It is possible to file both at the same time.

Social Security Disability Benefits

Social Security Disability Insurance (SSDI) is a federal program that provides monthly cash benefits to disabled people who are unable to work. In order to qualify for SSDI, you must have a qualifying disability that is expected to last at least one year or result in death.

To receive SSDI benefits, you will need to provide medical evidence that supports your TBI diagnosis and demonstrates how it affects your ability to work. Unfortunately, the application process for SSDI can be time-consuming and tedious, with a high rate of initial denials. 

Ask a New Jersey Personal Injury Attorney Today!

Do you have a question about your TBI accident or legal case? Levinson Axelrod can help! You don't have to  face the challenges of living with a traumatic brain injury alone and without the financial support for the medical treatment and living expenses that you need. Contact us today for a free legal consultation.