The situation can often get confusing when you face a Traumatic Brain Injury (TBI). You’ll have several questions and you deserve answers. However…
The foremost question that strikes any patient and their family when facing TBI is— who shall incur the cost? If you face damage due to someone else’s negligence or intentional acts, you must understand how to pursue a lawsuit against their actions.
In this article, we will discuss New Jersey’s brain injury lawsuit in detail.
What Is TBI?
A Traumatic Brain Injury (TBI) is caused by a violent blow, a jolt to the head, or a penetrating head injury. The longer the period of unconsciousness is, the more severe the injury may be. TBIs last from minutes to lifelong. It involves loss of consciousness, confusion, memory loss, and headache, which may be severe. This injury can occur in many situations, including motor vehicle accidents, falls, sports injuries, and assaults. New Jersey brain injury lawyers have strict regulations against people/organizations causing TBI to another person. Here are some common symptoms to recognize a TBI:
- Contusions: Contusions are bruises that occur when the blood vessels under the skin break. They can occur anywhere on the body but are most often seen on the arms and legs.
- Concussions: Concussions are a type of traumatic brain injury that can cause memory loss, confusion, headaches, and problems with vision.
- Coup-contrecoup injury: Coup-contrecoup injuries are caused by a blow to the side of the head. The brain moves back and forth inside the skull, causing bruising and swelling of the brain.
- Open brain injuries: Open brain injuries are when the skull is broken, making the brain swell and bleed.
- Closed brain injury: Closed brain injuries are caused by an impact on the head that doesn’t break the skin. They can be very serious and life-threatening.
Cause Of A TBI
The first question that needs to be answered is – how did you face a TBI?
The cause of your injury can help you understand the type of lawsuit your lawyer need to pursue —
- Road Accidents: In case of a road accident, you need to file a personal injury case.
- Faulty Treatment: Sometimes, you can face a TBI due to mistakes in your treatment. In these cases, you can pursue a medical malpractice case.
- Product Defects: TBIs can be caused when using a defective product. In such cases, you must follow a product liability lawsuit.
- Slip And Fall: This case depends on the negligence of one of the parties when such accidents occur on commercial or private property.
What Should You Know About New Jersey Brain Injury Laws?
Following are some of the important New Jersey laws that you need to keep in mind when facing a brain injury—
- In New Jersey, the Brain Injury Research Act maintains a central database for brain injury victims.
- You can apply for assistance in the state’s TBI Fund to recover your treatment costs.
- New Jersey has a Comparative Negligence Law that allows injured victims to claim compensation when they are at lesser fault than the other.
- Under the New Jersey Tort Claims Act, any claims made against public or government entities must be filed within ninety days.
What To Expect When Filing A Brain Injury Lawsuit?
When you’re facing a health crisis, it becomes extremely difficult to cope with legal procedures and other additional issues.
However, if you or someone you love is going through such situations, here are two most critical situations you need to expect:
- A brain injury lawsuit takes plenty of time to get settled. First, you have to spend time gathering substantial evidence and witnesses to file your claim. Next, finding the perfect lawyer will not be an easy task.
- Second, your claim recovery will depend on the extent and cause of your injury. You will be required to gather all medical test results for the present as well as incidents.
Filing, fighting, and claiming compensation against a brain injury will need a complete recovery of the victim first.
The New Jersey laws and regulations protect the victim’s situation in several ways. Stay updated and make everyone around you aware of such laws.
Facing a severe brain injury can plunge a family into many crises. However, taking proper steps can help you overcome such situations with time.