Traumatic Brain Injuries (TBI)
A traumatic brain injury can change a person's life in an instant. Even an injury that initially appears to be a concussion can affect memory, concentration, balance, mood, sleep, and the ability to work or perform everyday activities. More severe brain injuries can result in permanent cognitive impairment, physical disability, personality changes, seizures, coma, or death.
A traumatic brain injury (TBI) occurs when an external force disrupts normal brain function. A TBI may result from a blow or jolt to the head or from an injury that penetrates the skull. TBIs range from mild concussions to severe and permanently disabling brain injuries.
At The Law Office of Todd I. Siegel, we represent individuals and families throughout New Jersey who have suffered traumatic brain injuries because of another party's negligence.
What Causes Traumatic Brain Injuries?
A TBI can occur whenever an accident causes the brain to move violently within the skull or directly damages brain tissue.
Common causes include:
Falls and motor vehicle crashes are among the recognized causes of traumatic brain injuries.
Determining how the injury occurred can be an important part of identifying the individuals or businesses that may be legally responsible.
Different Types of Traumatic Brain Injuries
Traumatic brain injuries can vary significantly in their severity and effects.
Common forms of TBI include:
Concussions
Contusions or bruising of brain tissue
Diffuse axonal injuries
Brain hemorrhages
Hematomas
Skull fractures accompanied by brain trauma
Closed-head injuries
Penetrating brain injuries
A closed or non-penetrating brain injury occurs when an external force causes the brain to move within the skull without an object penetrating the skull. A penetrating injury occurs when an object breaks through the skull and damages brain tissue.
Both types can cause serious neurological damage.
Mild, Moderate, and Severe TBI
Traumatic brain injuries are generally described as mild, moderate, or severe depending on factors such as neurological functioning and the circumstances of the injury.
A concussion is considered a form of mild TBI. The word "mild," however, refers to the initial severity classification and does not necessarily mean that the symptoms are insignificant. The CDC notes that even mild TBIs and concussions can have serious effects.
Moderate and severe TBIs can involve longer periods of unconsciousness, significant neurological damage, cognitive impairment, and permanent disabilities.
Some individuals with severe injuries require extensive rehabilitation and assistance with everyday activities for the remainder of their lives.
Traumatic Brain Injuries From Car Accidents
Motor vehicle collisions can cause brain injuries even when a person's head does not directly strike the steering wheel, dashboard, window, or another object.
The sudden acceleration and deceleration of a crash can cause the brain to move rapidly inside the skull. A direct impact can create additional trauma.
Car accident TBIs may result in:
Concussions
Brain contusions
Bleeding in or around the brain
Diffuse axonal injuries
Skull fractures
Memory problems
Cognitive impairments
Permanent neurological damage
Brain injuries may occur alongside neck injuries, spinal injuries, fractures, and other trauma, making a complete medical evaluation important after a serious collision.
Traumatic Brain Injuries From Falls
Falls are another major cause of traumatic brain injuries.
A person may strike their head against the floor, stairs, furniture, pavement, or another hard surface. Falls from ladders, scaffolding, roofs, and other elevated surfaces can be particularly dangerous.
Potential accidents include:
Slip and falls
Falls down stairs
Construction falls
Falls from ladders
Falls from scaffolding
Workplace falls
Playground accidents
Falls caused by unsafe property conditions
When a dangerous condition contributes to a fall, the property owner, contractor, business, or another responsible party may potentially be liable depending on the circumstances.
Concussions
A concussion is a mild traumatic brain injury that can result from a bump, blow, or jolt to the head or from a forceful impact to the body that causes the head and brain to move rapidly.
Possible concussion symptoms include:
Headaches
Dizziness
Balance problems
Nausea
Vision problems
Sensitivity to light or noise
Difficulty concentrating
Memory problems
Feeling mentally slowed or "foggy"
Irritability
Changes in mood
Fatigue
Changes in sleep
Some symptoms occur immediately, while others may not become noticeable until hours or days after the injury.
A person does not necessarily have to lose consciousness to suffer a concussion or other TBI.
Signs and Symptoms of a Serious Brain Injury
The symptoms of a traumatic brain injury vary depending on the location and severity of the damage.
Possible symptoms include:
Persistent or worsening headaches
Loss of consciousness
Confusion
Memory loss
Difficulty concentrating
Dizziness or balance problems
Nausea or repeated vomiting
Blurred or double vision
Slurred speech
Weakness or numbness
Problems with coordination
Seizures
Changes in mood or personality
Unusual behavior
Difficulty waking
Unequal pupil size
Certain symptoms following head trauma can indicate a medical emergency. The CDC advises immediate emergency evaluation for danger signs such as a worsening headache, repeated vomiting, seizures, weakness or numbness, slurred speech, unusual behavior, increasing confusion, unequal pupils, or an inability to wake the injured person.
Diagnosing a Traumatic Brain Injury
Diagnosing a TBI may involve evaluating the circumstances of the accident, the person's symptoms, neurological functioning, and other medical information.
Testing may include:
Neurological examinations
CT scans
MRI scans
Cognitive testing
Memory testing
Balance testing
Neuropsychological evaluations
Importantly, a normal brain scan does not necessarily rule out a concussion. The CDC explains that CT scans are generally not needed to identify a mild TBI or concussion itself, although imaging may be used when there is concern about bleeding or another structural injury.
Medical records documenting symptoms and changes in cognitive functioning can therefore be important in both treatment and a potential injury claim.
Cognitive Effects of a Brain Injury
A traumatic brain injury can interfere with the mental processes people rely on every day.
Potential cognitive problems include:
Memory loss
Difficulty concentrating
Reduced attention span
Slower information processing
Difficulty solving problems
Problems organizing tasks
Difficulty making decisions
Communication problems
Reduced ability to learn new information
For someone who previously worked in a cognitively demanding profession, even relatively subtle changes in memory, concentration, or processing speed can significantly affect their ability to perform their job.
Behavioral and Emotional Changes After a TBI
Brain injuries can also affect personality, emotions, and behavior.
An injured person may experience:
Irritability
Anxiety
Depression
Mood swings
Impulsivity
Aggressive behavior
Reduced emotional control
Social withdrawal
Changes in personality
Difficulty maintaining relationships
Family members may sometimes notice these changes before the injured person recognizes them.
The CDC notes that TBI symptoms can affect how a person feels and acts in addition to affecting thinking, physical functioning, and sleep.
Long-Term Effects of a Traumatic Brain Injury
The long-term consequences of a TBI vary significantly. Some individuals recover within weeks or months, while others experience symptoms for years or permanently.
Potential long-term effects include:
Chronic headaches
Memory impairment
Difficulty concentrating
Speech and communication problems
Balance and coordination problems
Seizure disorders
Vision problems
Physical weakness
Emotional and behavioral changes
Permanent cognitive impairment
Reduced ability to work
Loss of independence
Need for long-term personal care
Moderate and severe TBIs can cause long-term or lifelong health problems and may require ongoing rehabilitation.
Treatment and Rehabilitation After a TBI
Treatment depends on the nature and severity of the brain injury.
Emergency treatment for a severe TBI may focus on stabilizing the patient and preventing additional brain damage. Long-term treatment may involve:
Neurological care
Physical therapy
Occupational therapy
Speech and language therapy
Cognitive rehabilitation
Neuropsychological treatment
Medication
Behavioral therapy
Vocational rehabilitation
Assistive technology
In-home assistance
New Jersey's Division of Disability Services also administers a Traumatic Brain Injury Fund that provides qualifying New Jersey residents with access to certain brain-injury-related services and supports when other resources are unavailable.
The Lifetime Cost of a Severe TBI
A catastrophic brain injury can create financial needs extending far beyond the initial hospitalization.
Future expenses may include:
Ongoing medical treatment
Rehabilitation
Prescription medications
Cognitive therapy
Physical and occupational therapy
Assistive technology
Home modifications
Personal care attendants
Specialized transportation
Vocational assistance
Lost future earning capacity
New Jersey recognizes that individuals living with brain injuries may require additional services and supports to maintain independence and participate in employment and community life.
For individuals with permanent cognitive or physical disabilities, accurately evaluating these future needs can be an important part of pursuing a personal injury claim.
Proving a Traumatic Brain Injury Claim
Brain injury cases can be challenging because some of the most significant symptoms are not outwardly visible.
Evidence may include:
Emergency room records
CT and MRI scans
Neurological evaluations
Neuropsychological testing
Medical records
Rehabilitation records
Witness statements
Employment records
Testimony from family members
Documentation of cognitive or behavioral changes
Expert medical opinions
Evidence of anticipated future care
In some New Jersey personal injury cases, objective medical evidence is particularly important when a plaintiff must establish a qualifying permanent injury. New Jersey courts have emphasized that subjective complaints alone may be insufficient where the applicable statutory threshold requires objective, credible medical evidence.
Compensation for a Traumatic Brain Injury
When another party's negligence causes a traumatic brain injury, the injured person may be entitled to pursue compensation for the financial and personal consequences of the accident.
Depending on the circumstances, damages may include:
Past and future medical expenses
Rehabilitation and therapy
Lost wages
Reduced future earning capacity
Long-term personal care
Assistive equipment
Pain and suffering
Permanent cognitive or physical disability
Loss of enjoyment of life
Other damages available under New Jersey law
Because the effects of a severe TBI can continue throughout a person's lifetime, a claim should account for both existing losses and reasonably anticipated future needs.
Contact a New Jersey Traumatic Brain Injury Lawyer
A traumatic brain injury can affect a person's memory, personality, career, relationships, independence, and quality of life. In severe cases, families may suddenly find themselves responsible for coordinating extensive medical treatment and planning for a lifetime of care.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm investigates serious accidents, evaluates the medical and financial consequences of brain injuries, and helps clients pursue the compensation available when another party's negligence causes preventable harm.
If you or a loved one suffered a traumatic brain injury because of another party's negligence, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.
