A traumatic brain injury (TBI) can have a lasting impact on your financial and physical health, as well as your overall quality of life. Whether you’ve suffered a concussion in a car crash or severe head trauma in a slip and fall or workplace accident, protecting your legal rights after a TBI can be complex.
If you have suffered a traumatic brain injury because of someone else’s negligence, it’s essential to understand your legal rights and take the necessary steps to protect them.
The Law Offices of Howard D. Popper, P.C. can help you navigate the legal process after serious personal injuries, including all types of head injuries.
Understanding Traumatic Brain Injury (TBI)
A TBI happens when an external force, such as a blow to the head, disrupts the normal function of your brain. Even a mild TBI, commonly referred to as a concussion, can cause cognitive impairment, emotional instability, memory loss, and chronic pain.
The Common causes of TBI include:
- Car, truck, and motorcycle accidents
- Falls on unsafe premises (slips and falls)
- Workplace accidents (including mishaps on construction sites)
- Sports injuries
- Assaults or physical violence
Getting Medical Attention for a Traumatic Brain Injury
If you suspect a brain injury:
- Seek medical care immediately. Delayed treatment can worsen symptoms and hurt your legal claim.
- Get diagnostic imaging. While they won’t provide conclusive evidence of a TBI, CT scans or MRIs can help document brain damage.
- Follow up with specialists. Neurologists, physical therapists, and neuropsychologists are often part of the recovery process.
Medical records play a crucial role in establishing a strong legal claim. The sooner your injuries are documented, the stronger your case will be.
What Are Your Legal Rights After a TBI?
Under New Jersey law, if your injury is caused by the negligence of another person, including a reckless driver, a careless property owner, or a negligent employer, you may be entitled to compensation.
The damages commonly available when you’ve sustained a traumatic brain injury include:
- Unreimbursed medical bills (past and future)
- Lost wages and income
- Physical and emotional pain and suffering
- Loss of enjoyment of life
- Loss of companionship or consortium
The Legal Steps To Take After a Traumatic Brain Injury
To protect your right to compensation, here’s what you want to do after suffering a TBI:
Step 1: Document the Incident
- Take photos of the scene (vehicles, hazards, or unsafe conditions).
- Write down how the accident happened.
- Gather names and contact details of witnesses.
Step 2: File a Police or Incident Report
- Report the accident to the police, your employer, or the property owner.
- Maintain a copy of any written report with your records.
Step 3: Avoid Speaking With Insurance Adjusters
- Insurance companies may downplay your injuries or pressure you into a low settlement.
- Do not give recorded statements without legal counsel.
Step 4: Consult an Experienced Attorney
The sooner you retain knowledgeable and experienced counsel, the sooner your rights will be protected. Your attorney will help gather and preserve all relevant evidence, prepare and file any necessary pleadings or other documents, and be your voice in all meetings, hearings and proceedings. Your lawyer can also be your liaison with insurance providers, helping you get the benefits to which you are entitled.
Often, to strengthen your case, your lawyer will bring in expert witnesses, including accident reconstruction specialists, medical professionals, financial planners, and others.Your attorney will retain and prepare these witnesses to present the most compelling arguments for your full financial recovery.
Read Also: Protecting Your Rights After a Slip and Fall Accident in New Jersey
Contact the Law Offices of Howard D. Popper, P.C.
At the Law Offices of Howard D. Popper, P.C., we understand the life-changing impact of a traumatic brain injury. If you’ve suffered a TBI due to someone else’s negligence, we’re here to protect your rights and pursue the full compensation you deserve.
You can contact us online or call 973-659-4144 to book your free initial consultation. From our offices in Morristown and Newton, we proudly advocate for TBI victims across New Jersey. You don’t have to pay any legal fees unless we secure compensation for you.