What You Need to Know About Traumatic Brain Injury Claims in NJ & PA
A traumatic brain injury (TBI) is a severe head injury that can have life-altering consequences. According to the Centers for Disease Control and Prevention (CDC), over 50,000 people in the United States die each year as a result of TBI, and thousands more are left with permanent disabilities. If you or a loved one has suffered a TBI due to someone else’s negligence, you may be entitled to compensation in New Jersey and Pennsylvania. Here’s what you need to know about traumatic brain injury claims:
What is Traumatic Brain Injury?
Traumatic brain injuries can have a wide range of symptoms, from mild to severe. A TBI occurs when a sudden blow, jolt, or penetrating injury to the head disrupts the normal function of the brain. This can result in a wide range of symptoms, including:
- Loss of consciousness
- Nausea or vomiting
- Confusion or disorientation
- Memory loss or amnesia
- Changes in mood or behavior
- Sensory changes (e.g., vision or hearing problems, and sensitivity to light or sound)
- In some cases, these symptoms may be mild and temporary, but in other cases, they may be severe and permanent.
Causes of Traumatic Brain Injury
TBIs can be caused by a wide range of accidents and incidents, including:
- Car accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip & falls
- Sports injuries
- Assaults or violence
Proving Liability in a TBI Case
In Pennsylvania, the rules for establishing liability in a TBI case are similar to those in New Jersey. To establish liability, the injured party must prove that another person or entity was at fault for their injury. Both NJ and PA recognize two types of liability in TBI cases:
Negligence occurs when someone fails to act with reasonable care, and that failure causes harm to another person. For example, a driver who runs a red light and causes an accident that results in a TBI may be considered negligent.
In New Jersey, the legal system applies the comparative negligence rule, which can result in a reduction of your damages if you are found to be partially responsible for the accident that caused your traumatic brain injury (TBI). This reduction is proportional to the degree of fault assigned to you, and you can still recover damages even if you are partially responsible for the accident. For instance, if you were involved in a car accident that caused your TBI and were not wearing a seatbelt at the time, you could be considered partially at fault.
On the other hand, Pennsylvania uses a modified comparative negligence rule. With this, the injured party can only recover damages if they are found to be less than 51% at fault for their TBI. However, the amount of damages awarded will be reduced proportionally to their degree of fault. If the injured party is found to be 51% or more responsible for their injury, they may not be able to recover damages at all.
So, while both rules take into account the injured person’s degree of fault in the accident, the difference is in the threshold for recovery and the degree to which damages can be reduced.
2. Strict Liability:
Strict liability applies in cases where a product or activity is inherently dangerous and causes harm, regardless of whether anyone was negligent. For example, a manufacturer of a defective helmet that fails to protect a player from a TBI in a football game may be held strictly liable.
Establishing Damages in a TBI Case
Once liability is established, the next step is to determine the damages that the injured person has suffered. This can include both economic and non-economic damages. Economic damages are monetary losses that can be easily quantified, such as medical bills, lost wages, and property damage. Non-economic damages are intangible losses, such as disability or disfigurement, pain and suffering, emotional distress, and loss of enjoyment of life.
Statute of Limitations in TBI Cases
It’s important to be aware of the statute of limitations in New Jersey for filing a TBI claim. The statute of limitations is a time limit for filing a lawsuit, and it varies depending on the type of case. In New Jersey and Pennsylvania, the statute of limitations for a personal injury case, including TBI claims, is generally two years from the date of the injury. However, there are exceptions to this rule, so it’s important to speak with an experienced TBI attorney to determine the specific statute of limitations in your case.
Why You Need an Attorney
A traumatic brain injury lawsuit can be challenging to win, as it requires proving that the other party was negligent and that their negligence caused your injury. Additionally, insurance companies may try to deny your claim or offer a low settlement. An experienced traumatic brain injury attorney can help you navigate these challenges and fight for the compensation you deserve.
Contact The Law Offices of Richard A. Stoloff Today To Schedule a Free Consultation For Your Traumatic Brain Injury
At The Law Offices of Richard A. Stoloff, we understand the devastating impact that a traumatic brain injury can have on your life. That’s why we’re dedicated to helping clients throughout New Jersey and Pennsylvania seek the justice and compensation they deserve. Our team of experienced attorneys has a proven track record of success in TBI cases, and we’re committed to fighting tirelessly for our clients’ rights. We’ll work closely with you to understand the full extent of your injuries and losses, and we’ll develop a customized legal strategy to help you recover the maximum compensation available.
We know that dealing with a TBI can be overwhelming, which is why we handle every aspect of your case with compassion, professionalism, and attention to detail. From investigating the accident to negotiating with insurance companies to representing you in court, we’ll be there for you every step of the way. If you or a loved one has suffered a TBI, don’t wait to get the help you need. Contact us today for a free consultation, and let us help you get the justice and compensation you deserve.