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New Jersey Brain Injury Attorneys

TBI Attorney NJ

Brain injuries are uniquely devastating. They can affect every aspect of your functioning—physical, cognitive, emotional, memory—and they can happen in an instant.

If you’re recovering from a traumatic brain injury (TBI) or helplessly watching a loved one go through this situation, you know how hard coping with this kind of injury can be. And things may get even harder before they get easier.

But things will get easier. Having an experienced NJ brain injury accident lawyer can mean easier access to the care you need with less of a financial burden. We’ll handle the hassles of the legal matter so you can focus all your time and energy on the road to recovery.

  • Why Do So Many Brain Injuries Happen in New Jersey? The kinds of accidents that most commonly lead to brain injuries, like falls and motor vehicle crashes, are all too frequent in NJ.
  • Can I Sue for a Brain Injury? When someone else was responsible for a brain injury, it could be the grounds for a lawsuit.
  • Do I Need a New Jersey Brain Injury Attorney? To get the full amount of money you deserve, you’re going to want a personal injury lawyer on your side.

When you’re ready to get legal help for a brain injury, we’re ready to review your case at no cost and assist you every step of the way. Call 866-778-5500 for your free, confidential consultation.

What to Do When You’ve Suffered a Brain Injury in a New Jersey Accident

An accident happened, and you have good reason to suspect that something is wrong. Whether you actually hit your head or you’re just feeling dizzy, woozy, or not quite like yourself, you need to consider the possibility that you may have sustained a brain injury. What do you do?

Dealing with this problem can’t wait. Even comparably mild injuries to your brain are still a big deal, so you need to take action right away.

  • Call 911 for Emergency Help.

Any time you suspect a brain or head injury, treat it as an emergency and call 911. First responders will come to the scene to assist you. Paramedics and EMTs will get you stabilized if required, and on the road to the nearest hospital with the resources to provide the care you need.

Calling for emergency help also serves the second purpose of documenting the situation that led to your injury. Although you might already know that you should file an accident report with the police if a motor vehicle collision happens, you might not realize that a police accident report can also be of help if your injuries arose from a fall accident, an animal attack, or other circumstances.

  • Gather Evidence at the Scene, If Possible.

If you’re well enough to move, and if it’s safe to do so, take the time while you’re waiting for first responders to arrive to begin to collect evidence. Take photographs of the scene, the cause of your accident, and your injuries. If anyone saw what happened, ask them for their account of the situation and their contact information.

Some injuries, especially brain injuries, are too severe to allow you to move around or even to speak. If you missed this opportunity to gather evidence because your injuries were too serious, don’t worry. Gathering evidence early on is ideal, but your attorney can track down all available information.

  • Get Medical Care Immediately. Some brain injuries are life-threatening and require immediate medical intervention. Others are less deadly but can still have a monumental impact on your life and your physical, cognitive, and emotional functioning. The sooner you see a doctor to assess your injury, the sooner you can get answers and a treatment plan that can help you.

Even if you think your injury is just a minor bump on the head, it’s always a good idea to get checked out.

  • Reach Out to NJ Brain Injury Attorneys.

Anytime a brain injury is caused by someone else’s negligence, the victim could potentially have the grounds for a personal injury claim. Recovering from a brain injury is difficult, expensive, and—for many victims—a lifelong process of coping and rehabilitation.

If someone else is to blame for your brain injury, you need to take legal action to give yourself the best chance of making the most complete physical and financial recovery possible. That means putting your claim in the hands of a capable NJ brain injury lawyer.

About Brain Injuries in NJ

New Jersey Brain Injury Statistics

In New Jersey, between 12,000 and 15,000 traumatic brain injuries occur each year, causing approximately 1,000 deaths, the Brain Injury Alliance of New Jersey reported. An estimated 175,000 NJ residents live with a disability caused by brain injuries, according to the State of New Jersey Department of Health.

Although traumatic brain injury rates are similar across all racial and ethnic groups, they differ across age groups. The NJ Department of Health noted that “a majority of traumatic brain injuries affect a segment of the population under 35 years of age” but also that a higher rate of falls causes the rate of TBIs to “ rise sharply after age 65.”

The Leading Causes of Brain Injuries in NJ

Traumatic brain injuries can result from many causes, including:

  • Falls
  • Motor vehicle collisions
  • Workplace accidents
  • Medical errors
  • Other accidents caused by negligence
  • Assaults
  • Self-inflicted injuries

Although fall injuries are the leading cause of brain injuries, the statistics suggest that falls are responsible for a larger share of TBI-related hospital stays in New Jersey than they are nationwide. The Centers for Disease Control and Prevention (CDC) reported that, across the United States, falls cause 48 percent of emergency department trips for traumatic brain injuries. In NJ, falls account for 57.5 percent of TBI hospitalizations, according to the 2015 New Jersey Traumatic Brain Injury Fund Report.

The percentage of TBI hospitalizations that result from motor vehicle accidents in the Garden State, 19 percent, is comparable to the national rate of 20 percent.

All in all, the report found that 5,895 New Jersey residents were hospitalized with fall-related TBIs and 1,717 with brain injuries that resulted from a motor vehicle collision.

Why Do So Many Brain Injuries Occur in NJ?

One reason why traumatic brain injuries occur with such frequency—happening to dozens of New Jersey residents every single day—is because the state as a whole squeezes so many people and vehicles into such a comparably small amount of space.

As the most densely populated state in the U.S., NJ sees a great deal of both foot traffic and road traffic. This raises the likelihood of encountering a safety hazard on a commercial or private property that could result in a fall or crossing paths with a reckless motorist who causes a crash.

The most dangerous highways in New Jersey, according to NJ.com, include:

  • The Garden State Parkway
  • The New Jersey Turnpike
  • Route 1
  • I-80
  • Route 9
  • I-287
  • Route 46
  • I-295
  • Route 22
  • Route 130
  • Route 27
  • I-78

Since so many people live in NJ, it stands to reason that there are many workplaces where accidents could occur. You will also find numerous medical facilities and agencies providing home health services. An instance of malpractice that takes place when administering medication or using and maintaining medical equipment like ventilators could leave patients with significant damage to their brains.

Getting Help for a Brain Injury in New Jersey

For TBI patients in New Jersey, the numerous hospitals across the Garden State, especially those with fully staffed emergency departments and trauma units, can provide the care needed to start on the road to recovery. Once they’re ready to be discharged from the hospital, brain injury patients often undergo rehabilitation on an inpatient or outpatient basis at one of the state’s many rehabilitation facilities, which include:

  • Bacharach Institute for Rehabilitation’s Inpatient Brain Injury Program for Adults in Pomona
  • PSE&G Children’s Specialized Hospital’s Brain Injury Program in New Brunswick, located on the Robert Wood Johnson University Hospital campus
  • Children’s Specialized Hospital’s Outpatient Brain Injury Program in Mountainside
  • Brain injury rehabilitation programs at the Encompass Health Rehabilitation Hospitals located in Tinton Falls, Toms River, and Vineland
  • JFK Johnson Rehabilitation Institute Center for Brain Injuries in Edison
  • Rehabilitation Specialists in Fair Lawn
  • Brain injury rehabilitation programs at Kessler Institute for Rehabilitation locations in Chester, Saddle Brook, and West Orange
  • NeuroRestorative New Jersey locations in Delran, Egg Harbor City, and Maple Shade
  • The Northern New Jersey Traumatic Brain Injury System at the Kessler Institute for Rehabilitation in West Orange

Do I Have a New Jersey Brain Injury Accident Claim?

To have a personal injury case for a brain injury, you must be able to establish certain elements:

  • Negligence on the part of the person or company that caused your injury
  • Legally recognizable damages, or the harms and losses you suffered

Since even mild TBIs can have a serious impact on your life, this second element is usually more a matter of fully documenting your damages than determining whether or not you have any. Figuring out this first element, negligence, is a bigger factor in determining whether or not you have a claim.

To prove negligence, you have to show that the defendant had a duty of care to you and breached that duty of care, and that this breach is what led to your injuries and the resulting damages. Some examples of situations in which your brain injury may be a result of negligence include:

  • A slip and fall that occurs at a store or restaurant
  • A car accident caused by a careless driver
  • A work-related accident that occurs on a site other than your employer’s property, such as while a vendor is delivering products to a business or when a subcontractor gets hurt on a construction site
  • An assault that occurs because of inadequate security at a bar or club, a hotel, or a concert venue
  • A fall that happens in a nursing home, particularly when the resident has known mobility issues
  • An anoxic brain injury that occurs when medical personnel mishandle equipment or medication dosages

Many other instances of negligence can also lead to TBIs. If you have any reason to suspect that your (or your loved one’s) brain injury occurred because someone else acted negligently, you owe it to yourself to get your case evaluated.

It costs you nothing to have a New Jersey brain injury attorney investigate your situation and review the facts of your accident to determine if you have a case.

Who Is Liable for a New Jersey Brain Injury?

If you do have a claim, who would you sue for a brain injury? Liability varies depending on the facts of your claim, but defendants in a personal injury case may include:

  • A property owner who allowed an unmarked safety defect to pose a fall risk to visitors
  • A driver who violated traffic safety laws or drove while impaired or distracted
  • A business that failed to take reasonable security measures to protect customers
  • Neglectful nursing home staff
  • Doctors and other healthcare professionals who committed malpractice

Additional parties that may be liable for a brain injury include:

  • An employer for whom a driver was working while negligently operating their vehicle
  • A bar that served a drunk driver too much alcohol
  • The hospital, medical facility, or home health services agency that employed a healthcare professional who made a serious medical error
  • A manufacturer of a defective product that caused or contributed to your accident

Besides the defendants themselves, your claim will involve one or more insurance companies. That’s because most brain injury settlements are paid by insurance companies, not by the individuals or the companies themselves.

Types of Damages in a New Jersey Brain Injury Accident Lawsuit

A TBI impacts your life in so many ways. Shouldn’t your brain injury settlement provide compensation for all of those losses?

In your personal injury claim, you will seek damages for all of your economic and non-economic damages, including:

  • Medical bills
  • Projected costs of future medical care and rehabilitation services
  • Lost income
  • Diminished future earning capacity
  • Pain and suffering
  • Emotional distress and mental anguish
  • Loss of quality of life
  • Modifications to your home and your life that are needed to function with a brain injury
  • Services required to assist with tasks you can no longer perform yourself

When calculating your damages, don’t leave anything out. You only have one chance to get the compensation you deserve, so it’s in your best interests to turn to an attorney for help documenting all of your damages.

Common Types of Brain Injuries in NJ

Brain injuries may look dire, with blood everywhere, but they can also be invisible from the outside.

A penetrating head injury, or open head injury, occurs when an object breaches the cranium and creates an open wound.

Closed head injuries present no visible wound and may occur even when the victim didn’t hit their head. Even a bad enough jolt to the head can cause serious injuries, whether or not there’s a wound you can see.

Some types of brain injuries that can occur include:

  • Concussion
  • Contusion
  • Skull fracture
  • Hematoma, including intracranial hematoma (ICH)
  • Hemorrhage
  • Edema (brain swelling)
  • Diffuse axonal injury

Treating Brain Injuries

The treatment of brain injuries is a complex matter that depends on your unique injuries and symptoms. Some of the types of treatments brain injury patients may undergo include:

  • Diagnostic tests like MRIs and CT scans
  • Monitoring in the hospital
  • Medications administered to prevent seizures, place the victim in an induced coma, and reduce swelling
  • Intubation and mechanical ventilation, if the victim is unable to breathe on their own
  • Surgery to remove blood clots, stop uncontrolled bleeding, reduce intracranial pressure, or repair skull fractures
  • Physical, occupational, and cognitive (speech-language) therapy

The Cost of Brain Injury Treatment in NJ

As you can probably guess, the extent and expense of treating a TBI depend a great deal on how severe your injury is. The financial impact of a mild concussion that causes you to spend a night or two being monitored in the hospital and then a brief period of outpatient rehabilitation therapy is a lot less than a severe TBI that requires you to undergo surgery and spend weeks in an induced coma.

The lifetime costs of treating a brain injury range from $85,000 to $3 million, depending on the severity of the injury and the amount of rehabilitation required, according to Northwestern University.

Even if the costs of your brain injury recovery fall on the lower end of this spectrum, $85,000 is a huge burden for families to shoulder, especially when the injury also leads to diminished income. Your family can’t afford to foot this bill—and, frankly, shouldn’t have to.

Do I Need a New Jersey Brain Injury Accident Attorney?

Legally speaking, you can pursue a personal injury claim without hiring a lawyer. But, when your damages are as serious as a brain injury and the widespread consequences that come with it, you risk leaving a lot of money on the table when you don’t have an attorney on your side.

Research shows that attorneys get their clients, on average, 3.5 times more money than claimants who don’t hire a lawyer.

Combine this fact with the option to pursue your claim on a no-win, no-fee basis, and you’ll see that it just doesn’t make sense to struggle with the claim yourself.

Why would you add even more stress to the challenges of recovering from a brain injury and set yourself up to receive a lot less money when you could have a professional handle the claim for you at no risk and no upfront cost?

What Can a New Jersey Brain Injury Accident Lawyer Do for Me?

  • Investigate your accident and gather evidence of the defendant’s negligence
  • Document your damages to the fullest extent
  • Handle all interactions with the insurance company and all aspects of the lawsuit process
  • Secure a settlement or take the case to trial on your behalf
  • Answer your questions and be a resource and advocate for you throughout your recovery

Why Choose Console & Associates for Your NJ Brain Injury Accident Case

At Console & Associates, we handle personal injury matters exclusively. As you might expect, we’ve seen more than our share of brain injuries over more than two decades of practicing law in NJ. We have represented many clients with brain injuries like yours, including concussions and skull fractures, and have secured numerous six-figure settlements for our clients.

New Jersey Brain Injury Attorney

New Jersey Brain Injury Attorney, Richard P. Console

Contact us for a Free Consultation With a New Jersey Brain Injury Lawyer

Ready to move forward with your claim? The personal injury claims process starts with a free, no-obligation consultation. Get your case reviewed and your questions answered by an experienced legal professional at no charge. Just call 866-778-5500 or contact us online.

NJ Brain Injury Law Overview

What New Jersey Laws Do Brain Injury Victims and Their Families Need to Know?

When you or someone you love has sustained a brain injury, it’s like you’ve been thrown into this confusing new world. There’s a lot you don’t know about the legal stuff as well as the medical stuff.

Here is a quick overview of the New Jersey laws that are most likely to relate to your situation right now:

  • Because brain injuries are so destructive, to individual victims and families and to society, New Jersey has taken steps to address TBIs as a public health problem. Under the Brain Injury Research Act, the state promotes and funds research in brain injury recovery and maintains a central registry of people who suffer brain injuries.
  • The state has also established a Traumatic Brain Injury Fund through which eligible brain injury survivors can apply for assistance.
  • Under NJ’s Comparative Negligence Law, an injured victim who is partially at fault for the accident can seek compensation for their injuries from another party who bears more responsibility for the accident. Even if you are partially at fault for what happened, you may still have a case.
  • Under Title 59, the New Jersey Tort Claims Act, any claims made against public or government entities are governed by certain rules, including the requirement that you file your claim within 90 days. Due to these special regulations and the general immunity that government entities have, it’s important to retain an attorney early on if you intend to pursue a claim against a government defendant.

If your injury resulted from a motor vehicle accident, you should also be familiar with these NJ regulations:

  • Car accidents in NJ must be reported to the police if they cause any injury, including brain injury, as well as property damage of more than $500.
  • Under NJ’s no-fault law, your own auto insurance (if you have it) is responsible for paying your medical bills, even if you didn’t cause the accident or weren’t driving at the time of the crash. A portion of coverage called personal injury protection (PIP) pays for your medical benefits.
  • Although New Jersey policyholders can choose to reduce their PIP coverage from the $250,000 default limit to as little as $15,000, your auto insurance must cover the cost of stabilizing care, up to $250,000, for certain injuries, including brain injuries.

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