Traumatic brain injuries (TBIs) are among the most devastating consequences of accidents. Unlike broken bones or lacerations that heal over time, brain injuries can cause permanent changes to cognitive function, personality, and quality of life. Even injuries classified as "mild" can result in symptoms that persist for months or years, affecting every aspect of a victim's daily life.
At Rosenberg & Rodriguez Personal Injury Lawyers, we understand the profound impact brain injuries have on victims and their families. Our attorneys have over 100 combined years of experience representing New Yorkers who have suffered traumatic brain injuries in car accidents, falls, and other incidents caused by negligence. This guide explains what you need to know about brain injuries and your legal rights.
How Brain Injuries Occur
The brain is a delicate organ protected by the skull, but violent forces can cause serious damage. Brain injuries commonly result from direct blows to the head from falls, assaults, or being struck by objects, rapid acceleration and deceleration forces in car accidents, penetrating injuries where objects enter the skull, and oxygen deprivation from near-drowning or medical complications.
Car accidents are a leading cause of traumatic brain injuries. The sudden stop or impact can cause the brain to collide with the inside of the skull, resulting in bruising, bleeding, or tearing of brain tissue. Pedestrian accidents, motorcycle crashes, and bicycle collisions frequently cause brain injuries because victims have less protection from impact forces.
Slip and fall accidents also cause many brain injuries, particularly among older adults. When someone falls and strikes their head on a hard surface, the impact can cause concussions or more severe trauma.
Types of Traumatic Brain Injuries
Brain injuries range widely in severity and type.
Concussions are the most common form of TBI. Often called "mild" traumatic brain injuries, concussions result from impacts or violent shaking that disrupts normal brain function. Despite the "mild" classification, concussions can cause significant symptoms and, in some cases, lead to post-concussion syndrome with effects lasting months or years.
Contusions are bruises on the brain tissue caused by direct impact. Severe contusions may require surgical intervention to reduce swelling and prevent further damage.
Coup-contrecoup injuries occur when the brain is injured both at the site of impact and on the opposite side of the skull. The initial impact causes damage at the point of contact, and the brain then rebounds and strikes the opposite side of the skull, causing a second injury.
Diffuse axonal injuries result from severe rotation or shaking forces that tear nerve fibers throughout the brain. These injuries often cause widespread damage and can result in coma or death.
Hematomas are collections of blood that form inside or around the brain. Epidural, subdural, and intracerebral hematomas all create dangerous pressure on brain tissue and often require emergency surgery.
Penetrating injuries occur when an object breaks through the skull and enters brain tissue. These injuries carry high risks of infection and typically cause severe, localized damage.
Symptoms of Brain Injuries
Brain injury symptoms vary depending on the location and severity of the damage. Recognizing these symptoms is critical because some brain injuries are not immediately apparent.
Physical symptoms include headaches, nausea and vomiting, dizziness and balance problems, fatigue and sleep disturbances, sensitivity to light and sound, blurred vision, ringing in the ears, and seizures.
Cognitive symptoms include difficulty concentrating, memory problems, confusion and disorientation, slowed thinking and processing, difficulty finding words, and problems with planning and organization.
Emotional and behavioral symptoms include mood swings, irritability and anger, anxiety and depression, personality changes, impulsivity, and social withdrawal.
Many car accident injuries appear days later, and brain injuries are no exception. Symptoms may develop or worsen in the hours and days following an accident. Seeking immediate medical evaluation after any head impact is essential, even if you initially feel fine.
Long-Term Effects of Brain Injuries
While some brain injury victims recover fully, others face permanent impairments that affect every aspect of their lives. Long-term effects can include chronic headaches and migraines, persistent cognitive difficulties, personality and behavioral changes, increased risk of depression and anxiety, difficulty maintaining employment, challenges with relationships, and heightened risk of neurodegenerative diseases.
The brain's limited ability to heal means that severe injuries often result in permanent disability. Victims may require ongoing medical care, rehabilitation therapy, and assistance with daily activities for the rest of their lives.
Proving a Brain Injury Claim
Establishing the full extent of a brain injury requires comprehensive medical documentation and often testimony from specialists. Key evidence includes emergency room records and imaging studies, neurological evaluations, neuropsychological testing results, treatment records from rehabilitation therapists, testimony from treating physicians, statements from family members about observed changes, and documentation of work limitations and lost income.
Insurance companies often attempt to minimize brain injury claims, arguing that symptoms are exaggerated or unrelated to the accident. Having an attorney who understands brain injuries and knows how to present medical evidence effectively is crucial for obtaining fair compensation.
Compensation for Brain Injuries
Brain injury victims may recover both economic and non-economic damages. Economic damages include past and future medical expenses, rehabilitation and therapy costs, lost wages and reduced earning capacity, home modifications and adaptive equipment, and costs for in-home care assistance.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, cognitive impairment, and loss of consortium for family members.
Because brain injuries often require lifelong care and cause permanent limitations, these cases frequently involve substantial damages. Accurately projecting future needs requires input from medical specialists, life care planners, and economists.
The Importance of Early Legal Action
Brain injury cases require prompt investigation and legal action. Evidence must be preserved, witnesses interviewed, and medical records gathered before memories fade and documents become harder to obtain. New York's statute of limitations also imposes strict deadlines for filing claims.
Starting the legal process early also allows your attorney to ensure you receive appropriate medical care. Attorneys experienced in brain injury cases can help connect you with qualified specialists and ensure your treatment is thoroughly documented.
Contact a New York Personal Injury Attorney
If you or a loved one suffered a brain injury in an accident caused by someone else's negligence, the attorneys at Rosenberg & Rodriguez Personal Injury Lawyers can help you pursue the compensation you deserve.
We serve brain injury victims throughout Brooklyn, Queens, The Bronx, and all of New York. We offer free consultations and work on a contingency fee basis—you pay nothing unless we win.
Contact us today to discuss your case.