Traumatic brain injuries (TBIs) and spinal cord injuries are life-altering events with profound physical, emotional, and financial consequences. These injuries don’t just affect the victim—they also impact families, careers, and futures. For New Jersey residents, understanding the long-term costs of these catastrophic injuries and the legal options for pursuing compensation is crucial.
If you or a loved one has suffered a TBI or spinal cord injury, this guide will help you navigate the challenges ahead, including how a personal injury lawyer can assist in filing a claim to secure the resources needed for recovery.
Understanding Traumatic Brain and Spinal Cord Injuries
Traumatic brain injuries occur when a sudden impact damages the brain, leading to a range of physical, cognitive, and emotional challenges. Spinal cord injuries involve damage to the spinal column, which can result in partial or complete paralysis and other long-term complications.
Common causes of TBIs and spinal cord injuries include:
- Car accidents
- Falls from heights
- Workplace accidents
- Sports injuries
- Acts of violence
For instance, a New Jersey construction worker who falls from scaffolding may sustain both a TBI and a spinal cord injury, leading to significant physical and financial burdens.
Long-Term Effects of Traumatic Brain and Spinal Cord Injuries
Both TBIs and spinal cord injuries often result in life-long challenges that go far beyond initial medical treatment.
For TBIs, long-term effects can include:
- Cognitive impairments such as memory loss or difficulty concentrating
- Emotional changes, including depression or mood swings
- Physical symptoms like chronic headaches or dizziness
- Speech or communication difficulties
For spinal cord injuries, long-term effects may include:
- Partial or complete paralysis
- Loss of sensation in affected areas
- Chronic pain or muscle spasms
- Complications such as infections, blood clots, or pressure ulcers
For example, a car accident victim who sustains a TBI and a spinal cord injury may face challenges ranging from memory loss to permanent loss of mobility.
The Financial Burden of Brain and Spine Injuries
The true costs of TBIs and spinal cord injuries extend far beyond initial hospital bills. Victims often require years of care, adaptations to their homes and lifestyles, and financial support for lost income.
Key costs include:
- Ongoing Medical Treatment: Regular doctor visits, surgeries, and medications.
- Rehabilitation Services: Physical therapy, occupational therapy, and speech therapy.
- Assistive Devices: Wheelchairs, braces, or other mobility aids.
- Home Modifications: Adding ramps, elevators, or widened doorways to accommodate disabilities.
- Loss of Income: Inability to return to work or perform pre-injury job duties.
- Emotional Support: Counseling for victims and their families.
The lifetime cost for a severe spinal cord injury can exceed millions of dollars, and a similar cost is associated with TBIs requiring extensive care. Filing a claim is the first step in fighting for access to these resources necessary to cover these expenses.
Filing a TBI or Spinal Cord Injury Claim in New Jersey
In New Jersey, victims of traumatic injuries caused by someone else’s negligence have the right to pursue compensation through a personal injury claim. These claims aim to cover both the immediate and long-term costs of recovery.
As mentioned above, common scenarios leading to brain and spinal cord injury claims include:
- Motor vehicle accidents caused by distracted or reckless drivers
- Slip-and-fall incidents on poorly maintained property
- Workplace accidents due to unsafe conditions or negligence
- Violent incidents resulting in assault-related injuries
To file a successful claim, you must prove:
- The at-fault party owed a duty of care (e.g., a driver following traffic laws).
- The duty of care was breached through negligence.
- The breach directly caused the injury.
- The injury resulted in damages such as medical expenses or lost wages.
For instance, a slip-and-fall victim might file a claim if the property owner failed to clear ice from a walkway, resulting in severe injuries.
The Importance of Hiring an Experienced Personal Injury Lawyer
Brain and spinal cord injury claims are highly complex, requiring substantial evidence and skilled legal experience to pursue compensation effectively. A personal injury lawyer can help you:
- Navigate Legal Procedures: Ensure all paperwork is filed correctly and deadlines are met. In New Jersey, you have two years from the date of the injury to file a personal injury claim.
- Prove Long-Term Damages: Build a case that accounts for future medical needs, lost income, and emotional distress.
- Handle Insurance Companies: Counter attempts by insurers to minimize payouts or deny claims.
- Secure Expert Testimony: Work with medical and vocational experts to demonstrate the full impact of your injuries.
Will My Personal Injury Case Settle or Go to Trial?
Most traumatic brain and spinal cord injury cases settle before reaching trial. Settlement negotiations allow both parties to agree on compensation without the time and expense of court proceedings.
However, if the insurance company refuses to offer a fair amount, your lawyer may recommend taking the case to trial. An experienced personal injury lawyer will prepare your case thoroughly, ensuring you’re positioned to secure compensation, whether through settlement or litigation.
Unique Challenges of Brain and Spinal Cord Injury Claims
These types of claims differ significantly from standard personal injury cases due to the complex and long-lasting nature of the injuries:
- High Stakes: The costs of TBIs and spinal cord injuries are immense, making it critical to secure full compensation.
- Proving Non-Economic Damages: Emotional pain and loss of quality of life are harder to quantify but play a significant role in these cases.
- Future Uncertainty: The long-term effects of brain and spinal cord injuries can evolve, requiring expert testimony to predict future care needs accurately.
Having a lawyer experienced in TBI and spinal cord injury claims ensures that every factor is considered when pursuing compensation.
Call the Experienced Personal Injury Lawyers at Garber Law and Pursue Compensation for a Spinal or Traumatic Brain Injury Today
If you or a loved one has suffered a traumatic brain or spinal cord injury, the road ahead can feel daunting. At Garber Law, we understand the challenges you’re facing and are committed to fighting for the compensation you’re seeking to rebuild your life.
Serving clients in Cherry Hill, Mount Laurel, Voorhees, and Barrington, we are here to help you take the next steps. Call us today at 856-219-4628 for a consultation and start moving forward with confidence.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.