The brain defines who we are—our thoughts, memories, personalities, and abilities. When a traumatic brain injury strikes, it doesn't just harm an organ. It can fundamentally change a person's identity and future. For families across New York and New Jersey, these injuries bring overwhelming medical challenges, emotional strain, and financial hardships.
Serious brain injuries require medical care immediately after the accident and potentially for a lifetime. Many survivors need to relearn basic skills while adapting to new limitations in thinking, communication, and emotional regulation. Meanwhile, medical bills grow exponentially, income disappears, and families struggle to adjust to their new reality.
If this is your reality, you deserve a New Jersey or New York brain injury lawyer at Hofmann & Schweitzer who understands neurological evidence, can accurately calculate the substantial lifetime costs these injuries create, and will advocate for your full and fair recovery.
Common Causes of Brain Injuries in New York and New Jersey
Brain injuries can result from various accidents, particularly those involving significant force or impact. Our New York brain injury lawyers regularly handle TBI cases resulting from:
- Motor vehicle accidents. Car, truck, and motorcycle crashes are leading causes of brain injuries, especially when high speeds are involved or when victims are ejected from vehicles.
- Falls. Falls from construction scaffolding, tumbles down apartment building staircases, slips in retail stores, and other falls can cause brain injuries. In each scenario, the impact can cause the brain to violently collide with the interior of the skull, resulting in brain damage.
- Workplace accidents. Construction sites, factories, and other workplaces present numerous hazards that can lead to brain injuries, from falling objects to machinery accidents.
- Recreational activities. Contact sports, boating accidents, and other recreational activities can result in serious brain trauma when proper safety measures aren't followed.
A New York brain injury lawyer can investigate these incidents thoroughly to identify all liable parties and sources of compensation for your injuries.
The Long-Term Impact of Serious Brain Injuries
Severe brain injuries create lasting challenges that affect every aspect of a victim's life and can include:
- Physical effects. Depending on which areas of the brain are damaged, victims may experience paralysis, seizures, chronic pain, vision or hearing loss, and coordination problems.
- Cognitive impairment. TBI survivors may struggle with memory problems, diminished concentration, difficulty processing information, and impaired decision-making abilities.
- Emotional and behavioral changes. Personality changes, mood swings, depression, anxiety, and impulse control issues are common following brain injuries.
- Communication difficulties. Speech and language problems can make it hard for brain injury survivors to express themselves and understand others.
- Financial burden. The lifetime cost of care for a severe TBI can exceed $3 million, not including lost income and reduced earning capacity.
Our New York brain injury lawyers work with medical experts, life care planners, and economists to document these impacts and secure compensation that addresses your current and future needs.
Compensation for Brain Injury Victims
Brain injury cases typically involve significant damages due to the catastrophic nature of these injuries. Our attorneys fight for full compensation covering:
- Medical expenses. This includes emergency care, hospitalization, surgery, rehabilitation, therapy, medications, assistive devices, and lifelong medical treatment.
- Lost income. We help recover income lost during recovery and compensation for diminished earning capacity if your brain injury prevents you from returning to work.
- Pain and suffering. People with brain injuries who suffer physical pain and emotional distress caused by a brain injury deserve substantial compensation beyond just medical bills.
- Life care costs. For permanent injuries, we calculate the lifetime cost of needed care, home modifications, and specialized services.
- Loss of quality of life. When a brain injury prevents you from participating in activities you once enjoyed or fundamentally changes your personality, you deserve compensation for these profound losses.
Insurance companies often pressure brain injury victims to accept quick settlements that fall far short of covering these extensive damages. Our experienced attorneys know how to build compelling cases that result in maximum compensation.
Fighting for Maximum Compensation
Traumatic brain injury cases involve substantial damages due to the life-altering nature of these injuries. Our attorneys fight for complete compensation covering:
Proving Invisible Injuries
Unlike broken bones visible on X-rays, brain injuries often require sophisticated testing and expert testimony to prove. We work with leading neurologists and neuropsychologists to document cognitive changes through:
- Comprehensive neuropsychological testing
- Advanced brain imaging including MRI, CT, and PET scans
- Expert testimony explaining complex medical evidence to juries
- Day-in-the-life documentation showing functional limitations
Calculating Lifetime Costs
Brain injury cases require careful calculation of lifetime expenses including:
- Medical care costs extending decades into the future
- Lost earning capacity accounting for career progression
- Personal care assistance needs that may increase over time
- Technology and equipment replacement costs
Overcoming Insurance Company Tactics
Insurance companies often challenge TBI claims by:
- Arguing injuries are pre-existing or unrelated to the accident
- Claiming "mild" brain injuries don't require significant compensation
- Questioning the need for ongoing care and treatment
- Using their own medical experts to minimize injury severity
Our experienced attorneys know how to counter these tactics and present compelling evidence supporting your claim.
Frequently Asked Questions
How much compensation can I receive for a traumatic brain injury in New York or New Jersey?
Traumatic brain injury settlements vary dramatically based on injury severity and impact on daily life. Mild TBI cases may settle for $100,000-$500,000, while severe brain injuries requiring lifetime care often exceed $2-5 million. Factors affecting compensation include age at time of injury, pre-injury earning capacity, extent of cognitive impairment, and need for ongoing care. Each case requires individual evaluation by experienced TBI attorneys who understand the complex medical and legal issues involved.
What are the different types of traumatic brain injuries?
Traumatic brain injuries are classified as mild, moderate, or severe based on factors including duration of unconsciousness, Glasgow Coma Scale scores, and post-traumatic amnesia length. Mild TBI (concussion) involves brief loss of consciousness but can cause lasting cognitive problems. Moderate TBI typically involves unconsciousness lasting 30 minutes to 24 hours with significant cognitive impairment. Severe TBI involves extended unconsciousness exceeding 24 hours and often results in permanent disability requiring lifetime care.
What causes traumatic brain injuries in New York and New Jersey?
Leading causes of traumatic brain injury include motor vehicle accidents (20% of TBI hospitalizations), falls (35% of TBI emergency visits), violence (10% of TBI hospitalizations), and sports injuries. In New York and New Jersey, common scenarios include car crashes on busy highways, construction site accidents, slip and falls, workplace injuries, and maritime accidents. Each cause requires specific legal expertise to identify liable parties and maximize compensation.
How long do I have to file a traumatic brain injury lawsuit in New York or New Jersey?
In New York, the statute of limitations for traumatic brain injury personal injury claims is generally 3 years from the date of injury. In New Jersey, you typically have 2 years to file a lawsuit. However, brain injury cases may qualify for extensions if cognitive impairment prevented timely filing, or if the full extent of injuries wasn't immediately apparent. Given the complexity of these cases and need for extensive medical documentation, contact a TBI lawyer immediately to protect your rights.
Can I file a traumatic brain injury claim if the injury seemed minor at first?
Yes, many brain injuries initially appear minor but develop into serious, long-lasting conditions. Mild traumatic brain injury symptoms may not fully manifest for weeks or months after the accident. Insurance companies often use delayed symptom onset to deny claims, but this pattern is medically recognized and well-documented in TBI cases. Early legal consultation is crucial to preserve evidence and document the progression of symptoms over time.
Why Choose Our New York Brain Injury Lawyers
When selecting a lawyer to handle your brain injury case, specialized experience and resources matter. Our legal team has:
- Proven results. Our attorneys have recovered substantial settlements and verdicts for New York and New Jersey accident victims. Over the years, we have helped our clients recover over a hundred million dollars, putting us in an elite group of legal advocates.
- Trial experience. While many cases are settled, we prepare every case as if it will go to trial, strengthening our negotiating position and ensuring we're ready if court becomes necessary.
We provide individualized attention to every client and keep you informed throughout the process.