Brain Injury Attorneys in Westfield, NJ
A traumatic brain injury will typically occur when a person suffers a significant blow to the head. In some situations, the brain injury can be caused when an object penetrates a person’s skull, severely damaging the brain. The Centers for Disease Control and Prevention reports that an estimated 1.7 million individuals in the U.S suffer from a traumatic brain injury each year. Ultimately, this results in the following:
- 275,000 hospitalizations
- 52,000 casualties
- $60 billion in associated costs
When the injury has occurred as a result of a careless action or reckless action of another, the victim may have the legal grounds to pursue a personal injury claim for financial compensation.
Why You Deserve Proficient Legal Support After a Traumatic Brain Injury
Any person who suffers from a traumatic brain injury because of the negligence of another will need to work alongside an attorney who has the right legal expertise needed for these complex legal cases. Unfortunately, a brain injury does not only affect the victim. A traumatic brain injury will also have a profound effect on the victim's entire family.
If you or a loved one has suffered a brain injury that was caused by another’s carelessness, it is critical to seek the legal representation of a knowledgeable law firm. The attorneys at Harrell, Smith & Williams, LLC are highly skilled in the field of traumatic brain injuries. The law firm understands that a brain injury victim and his or her family faces long term medical, social, and economical challenges. Contact the attorneys at Harrell, Smith & Williams, LLC for a free case evaluation.
Common Causes of Traumatic Brain Injuries
Brain injuries can occur through a variety of different causes. The following are some of those most common incidents that can lead to a brain injury:
- Automobile Accidents - Individuals who operate a vehicle while under the influence of a debilitating substance, are not obeying street signs or speed limits, or are driving recklessly place the lives and safety of others on the road in danger of serious harm. Car accidents, especially head-on collisions, can cause serious brain injuries.
After a negligent car accident, the reckless driver may face criminal charges, but he or she can also face a civil suit. Depending on the facts of the case, a negligent car driver may have to pay the medical expenses of the victims as well as other damages.
- Slip, Trip, or Fall Accidents - Property owners who fail to maintain a safe premises can be held accountable when a person suffers an accident in/on the property. Some of the most common hazards that may cause a preventable accident include slippery floors, uneven pathways, or cluttered walkways. Elderly people are at the greatest risk of a slip and fall accident. According to the Centers for Disease Control and Prevention, falls are the primary cause of death or injury among older Americans.
- Sports and Recreation Accidents - Head and brain injuries happen regularly in sports or recreation-related activities. Generally, these injuries will cause concussions, which can result in lifelong cognitive disabilities. Trainers, coaches, and sports administrators can be held accountable if they permit a concussed person continue the activity or fail to manage the head injury.
After a head injury, it is critical to receive medical treatment as soon as possible. Whether the injury happens in the playing field or any other place, failing to recognize a head injury can result in a worsened medical condition.
- Work-Related Accidents - A car accident, fall, or hit to the head by a falling object in the worksite can have serious consequences. Depending on the facts of the case, a worker may be able to recover compensation by filing a workers’ compensation claim. In unique cases, however, the worker may be able to file a personal injury claim against third parties.
Construction workers are particularly susceptible to being injured in a workplace accident. According to the Occupational Safety and Health Administration, or OSHA, about 1 in every 5 work-related deaths occurred in the construction industry.
- Defective Product Claims - Defective products can sometimes cause serious injuries. When a product has caused the traumatic brain injury of a consumer, the product’s manufacturer, designer, or distributor can be held accountable.
The Consequences of Traumatic Brain Injury
Victims of traumatic brain injuries can often require emergency medical services, surgery, in-patient treatment, as well as rehabilitation therapy. A patient who has been permanently disabled after a traumatic brain injury can also require lifelong medical treatment and assistance with routine activities like bathing, eating, or getting dressed.
According to the Center for Head Injury Services, average traumatic brain injury survivors will face the following:
- An average of 5 to 10 years of intensive services and therapy
- About $4.5 million in related costs
Although most severe brain injury survivors will typically enjoy a normal lifespan, the reality is that many patients will need physical therapy and vocational rehabilitation for the rest of their lives. When the traumatic brain injury has been caused because of the negligence of another, the following damages may be awarded:
- Medical treatment and services
- Physical therapy costs
- Counseling services
- Reparation for the emotional trauma
- Reparation for pain and suffering
- Other damages
Following a traumatic brain injury caused because of the negligence of another, it is important to file a personal injury claim as soon as possible. The State of New Jersey has strict deadlines for filing a claim where the failure to file on time can result in a dismissed case.
Legal Representation You and Your Family Deserve
Unfortunately, traumatic brain injuries cases are more prevalent than ever: from the NFL, college athletics, down to pee wee football. Injuries from any of these recreational activities or accidents can be disastrous; concussions or traumatic brain injuries are causing so many long term problems. There are estimates that upwards of two million people suffer from head injuries every year.
At Harrell, Smith & Williams, LLC, we understand have the experience and legal skills you need to prepare a strong personal injury claim after a traumatic brain injury. We have seen countless brain injuries in our time of practice. We have handled motor vehicle accidents leading to brain injury. We have handled assaults that have led to brain injury. We have handled fall downs and many other types of cases leading to brain injury.
Our attorneys understand the difficulties that arise in the wake of brain injury. We have seen clients lose short-term memory. We have seen clients lose the ability to focus, to concentrate and so much more. We understand how these injuries have very specific effects in one’s life. Of course it may be difficult to go back to work. We have experience in proving lost wages or lost earnings capacity as well.
Moreover, we understand that an injury to the brain does not necessarily show up on a CT scan or an MRI. We are familiar with all forms of objective testing, including neuropsychiatric and neuropsychological testing. Each of us has reviewed numerable reports from neuropsychiatrist and neuropsychologists. We know what to look for and we will understand what you are going through.
If you or a loved one has suffered from a brain injury as a result of the negligence of someone else, call us right away. We will sit down with you and go over everything from liability to what you can expect going forward. We will listen to everything you have to say about your experience. Contact us today to schedule a free case evaluation and discover how you may have the opportunity to receive benefits for a better recovery.
Our lawyers will also represent you in civil litigation cases such as Work Compensation, Medical Malpractice and much more.