What Are the Long Term Effects of "Mild" Traumatic Brain Injuries in New Jersey?

Brain Injury

Long Term Effects of "Mild" Traumatic Brain Injuries

Brain injuries can happen anywhere, anytime. Brain injuries can occur without warning, whether it's from a car accident, sports injury, or falling down the stairs. If an injury caused by another person's negligence is to blame for a brain injury, our experienced brain injury attorneys can help. 

When brain injuries occur, people often don't realize what happened until days later. This is called delayed onset brain injury. Delayed onset brain injuries can cause permanent damage to the brain. Brain injuries can affect memory, thinking, speech, coordination, balance, vision, hearing, and emotions. After a brain injury occurs, there may be no symptoms right away. The person may feel fine but then suddenly experience confusion, headaches, dizziness, nausea, vomiting, seizures, or coma.

People frequently believe that a concussion is not a serious enough injury to warrant legal action. We always remind these people that nothing could be further from the truth and that the term "mild traumatic brain injury" is a prime example of a false use of words. 

However, unlike a concussion, there may be no visible signs of damage to the brain after an MTBI. In fact, many people who suffer from MTBI do not realize that they were injured until later. This means that victims of MTBI may not seek medical attention right away.

What is a Mild Traumatic Brain Injury?

Traumatic brain injury (TBI) is any head injury that causes damage to the brain. TBI occurs when there is an external force that damages the skull, such as a car accident or sports injury. The NCBI has estimated that as many as 1.5 million Americans survive a TBI each year. The most common types of TBI include concussion, contusion, subdural hematoma, diffuse axonal injury, and penetrating trauma.

A traumatic brain injury (TBI) develops when the brain is damaged by an external force, such as a blow, jolt, or penetrating injury, a traumatic brain injury (TBI) develops. The initial force usually causes direct injury to brain tissue by shifting, rotating, or deforming the brain inside the skull. More damage often occurs as a result of the initial injury, as a result of blood or swelling inside the skull, which raises pressure. In the instance of a penetrating wound, an infection might exacerbate the situation.

Mild traumatic brain injury (MTBI) is a common type of head trauma that occurs when the skull is hit forcefully against another object. MTBI is often called "concussion" because it causes symptoms similar to those of a concussion. The majority of TBIs that occur each year are minor concussions. 

What Are The Most Common Types of MTBI?

The most common types of mild traumatic brain injuries are concussions and whiplash.

Concussions

Concussions are caused by an impact to the head. They are often accompanied by headaches, dizziness, confusion, memory problems, nausea, vomiting, sensitivity to light, fatigue, difficulty concentrating, depression, irritability, anxiety, trouble sleeping, and/or blurred vision.

Whiplash

Whiplash is caused by rapid acceleration and deceleration of the neck. It results in pain, stiffness, soreness, and muscle spasms. Symptoms of whiplash include headache, neck pain, dizziness, numbness, tingling, weakness, and/or loss of balance.

Treatment

Most mild traumatic brain injuries do not require medical treatment. However, some people experience symptoms that last longer than expected.

Some people develop post-concussion syndrome (PCS), which includes persistent symptoms such as headaches, cognitive difficulties, mood swings, and sleep disturbances.

Other people suffer from chronic traumatic encephalopathy (CTE). CTE is a degenerative disease that affects the brain and leads to dementia. People who have experienced a concussion are at risk of developing CTE. Although there is currently no cure for CTE, there are treatments available that can help manage its symptoms. These treatments include medications, counseling, physical therapy, and lifestyle changes.

What Causes Mild Traumatic Brain Injuries?

A mild traumatic brain injury can occur in many different ways. A fall from standing height onto the back of one's head may cause only a bruise or scrape on the scalp. But if the same person falls from a higher position, such as a second-story window sill, then the impact may cause more severe injuries. Even a minor bump to the head can cause problems.

The severity of a mild traumatic brain injury depends upon how much force was applied to the head. For example, a child who falls off his bicycle and lands on his head with no other injuries will probably have only a small bruise. If the same child were to land on his head after being hit by a baseball bat, however, the injury would likely be worse. In 2012, the NEISS estimated 329,290 children under the age of19 were treated in the United States for sports and recreation-related diagnosis of concussions.

In addition to the amount of force applied to the head, the location of the injury also determines its severity. An injury caused by a blunt object striking the side of the head may be less severe than an injury caused by a similar object hitting the top of the head.

What Are Common LongTerm Effects of Brain Injuries?

A mild traumatic brain injury (mTBI) is a type of TBI that does not cause severe symptoms or require hospitalization. A mTBI may result in headaches, dizziness, confusion, memory loss, fatigue, and irritability. People who have experienced a mTBI often report feeling better within days or weeks after the injury. But some people continue to experience symptoms for months or years after the injury.

In addition to physical effects, a mTBI may also lead to psychological problems. For example, a person who has experienced a mTBI may develop depression, anxiety, or post-traumatic stress disorder (PTSD).

Although a mTBI usually resolves quickly, it can take several months for symptoms to disappear completely. Many people who have experienced a mTIBI don't realize they had one until they see their doctor or go to the emergency room. If you think you've experienced a mTBI, talk to your doctor about what happened.

There are many different types of brain injuries. Some of these include:

Traumatic brain injury (TBI):

A traumatic brain injury happens when an object hits the head. It can result in bleeding inside the skull, swelling, and bruising.

Cerebral concussion:

A cerebral concussion happens when the brain moves too much inside the skull. This can occur when the head bounces off something or gets hit by another object.

Subdural hematoma:

A subdural hematoma happens when blood collects between the lining of the brain and the outer layer of the skull.

Intracranial hemorrhage:

An intracranial hemorrhage happens when blood leaks into the brain tissue itself.

Encephalitis:

Encephalitis is inflammation of the brain. It can happen when viruses enter the bloodstream and travel to the brain.

Epilepsy:

Epilepsy is a condition where the brain has repeated episodes of uncontrolled electrical activity.

Meningitis:

Meningitis is inflammation of the membranes around the brain. It can be caused by bacteria, viruses, or fungi.

Degenerative diseases:

Degenerative diseases are conditions that gradually worsen over time. Examples of degenerative diseases include Alzheimer's disease, Parkinson's disease, Huntington's disease, amyotrophic lateral sclerosis, multiple sclerosis, and Lou Gehrig's disease.

What Impact Will Mild TBI Have on a Person's Life?

People who have experienced a mTDBI are at risk for future health problems. The long-term effects of a mTBI depend on the severity of the injury and whether there was any underlying medical condition.

People who suffer from brain injuries may find it difficult to return to normal life. They may need assistance with daily tasks such as eating, dressing, grooming, and using the bathroom. They may need help with cognitive functions such as remembering things, paying attention, reading, writing, problem-solving, and decision making.

For example, someone who experiences a concussion while playing sports is most likely to suffer from short-term symptoms. However, a person who suffers a concussion while driving home from work could have a more severe problem. For this reason, doctors recommend that anyone who has suffered a mTBI should avoid activities that might increase the chance of another injury. This includes contact sports like football and hockey. It also means avoiding high-risk jobs where a blow to the head could cause a mTBI.

If you're concerned about your ability to perform your job safely, talk to your employer about reducing the risks associated with your job. Your employer may provide training or equipment to help protect you from workplace hazards.

What are the Legal Rights of Victims of Mild Traumatic Brain Injury?

The legal rights of victims of mTBI vary depending on the state where the injury occurred. However, in all states, a victim has the right to seek compensation for their injuries.

You might be able to file a personal injury lawsuit if you were injured due to someone else's negligence. To get compensation, a victim must prove that another party's negligence has injured him or her. Negligence occurs when someone fails to use reasonable care to prevent harm to others. For example, if you were injured while riding in a vehicle driven by someone else, you may be able to file suit against them.

A victim must show that the other party owed them a duty of care to recover damages. This means that the other party knew or should have known that its actions were creating an unreasonable risk of causing harm.

Once the victim proves that the other party breached its duty of care, the victim then has to show that the breach caused their injuries. To do so, the victim must establish that, but for the other party's conduct, the injuries would not have occurred.

Can I File a Lawsuit for My Brain Injury?

Mild traumatic brain injury lawsuits are becoming increasingly common. A recent study found that nearly one out of every four people who had suffered a mild TBI had filed a claim against their insurance company. This means that there are many people who are unaware that they may have a legal case against their insurer.

It's important to understand that filing a claim does not mean that you are automatically entitled to compensation. However, it does mean that you should seek legal advice about whether you have grounds for a claim. Damage to the brain can range from minor to severe. Minor injuries typically cause no lasting effects. Severe injuries can lead to permanent disability or death.

How Much Compensation Can I Receive for My Brain Injury?

Brain injury compensation is something many people don't think about until they receive one. It's important to understand what you're entitled to under the law and how much money you may be eligible to receive.

When someone suffers a brain injury, they often suffer physical, cognitive, and emotional damage. The amount of money you can receive depends on several factors, including:

• The severity of your brain injury

• Whether you were injured on duty or off duty

• The number of years since your injury occurred

• The extent to which your disability affects your ability to earn a living

• The extent to your medical expenses

• The extent to the value of your lost wages

A person who receives a brain injury may qualify for compensation under several laws. The most common law is the Federal Tort Claims Act. This act allows people to sue the government for damages caused by negligent acts. Other laws allow people to sue for personal injury claims. For example, workers' compensation laws provide coverage for injured employees.

Victims may also be entitled to compensation under the Americans With Disabilities Act. This law protects individuals with disabilities against discrimination in employment, public services, transportation, housing, education, communication, recreation, access to health care, and telecommunications. It is important to understand that there are strict deadlines for filing a claim. Victims must file their claim within two years of the incident causing the injury.

How long does a mild traumatic brain injury case take to resolve?

In general, it takes anywhere from six months to three years to complete a mild traumatic brain injury lawsuit. The length of time depends on several factors.

These include:

• how quickly the plaintiff files the lawsuit;

• whether the defendant admits liability;

• whether there are any medical experts involved in the case; and

• what evidence is available to support the plaintiff's claims.

How Long Do I Have To File a Brain Injury Lawsuit in New Jersey? 

So what do you need to know about filing a brain injury lawsuit in New Jersey? Brain injury lawsuits can take years to file. In fact, most people don't realize that they have up to two years after the accident to file a lawsuit. This means that if you were injured in a car crash last week, you still have time to file a lawsuit. But if you wait until next month to file, you may miss out on the opportunity to collect damages.

Injured victims cannot file a lawsuit against a party unless they first give them notice of the claim. The purpose of this rule is to allow the defendant to prepare their defense. Injured victims should know that it is important to hire an experienced attorney to represent them in a brain injury lawsuit to ensure that they receive fair treatment during the litigation process.

Many brain injury cases settle before going to court. However, if the parties involved are unable to reach a settlement, victims may choose to go to trial. At trial, they will present evidence to support their claims. The jury will decide whether the defendant was negligent and liable for the injuries. After the verdict, the victims may be entitled to compensation for their losses.

Victims Can Get Maximum Compensation For Their Brain Injury

Contact the Garden State Justice Group law firm today for more information on filing a brain injury lawsuit. Consultations are always free. Our attorneys work on a contingency fee, so you don't pay a dime unless we win your case.

 

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Shane Sullivan, Esq.
Date Published: March 28, 2022
Shane Sullivan, Esq. is a New Jersey Board Certified Civil Trial Lawyer that represents those who were injured or the family's of those killed by the negligence of others in personal injury lawsuits throughout New Jersey.
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