A traumatic brain injury can be difficult to recognize after an accident. A person may have no obvious external injury yet begin experiencing physical, cognitive, or emotional changes shortly afterward or in the days ahead. Knowing the warning signs, seeking prompt medical care, and understanding potential legal options can help injured people and their families respond thoughtfully.
At Litman Law Firm, we represent accident victims throughout New York City, Long Island, Westchester, and Upstate New York. When a brain injury may have resulted from another party’s negligence, the circumstances deserve careful attention.
What Is a Traumatic Brain Injury?
A traumatic brain injury, often called a TBI, occurs when the brain’s normal function is disrupted by a blow, jolt, or penetrating injury. These injuries may arise in car crashes, truck accidents, falls, workplace incidents, construction accidents, and assaults.
The effects of a TBI vary widely. Some people experience relatively mild symptoms, while others face serious and lasting changes that affect their health, employment, independence, and daily routines.
Brain injuries are sometimes referred to as invisible injuries because their effects may not be immediately apparent. Unlike a fracture or visible wound, a TBI may not produce outward signs, and symptoms may not always be visible on an initial CT scan or MRI.
For that reason, it is important to monitor any new or worsening changes after an accident. Someone who initially believes they are unharmed may later notice problems involving pain, memory, focus, speech, mood, or energy.
Symptoms of a TBI to Take Seriously
Traumatic brain injury symptoms can affect many aspects of a person’s life. Some symptoms are physical and more easily noticed, while others can be subtle changes in thought processes, memory, emotions, or behavior.
Physical symptoms can include headaches, dizziness, blurred vision, sensitivity to light or sound, and unusual fatigue. They may begin immediately after the incident or become noticeable over the next several days.
Cognitive symptoms may involve confusion, memory loss, difficulty focusing, and slowed thinking or speech. Because these issues can develop gradually, an injured person and their loved ones may not immediately associate them with the accident.
A TBI can also lead to emotional changes. Irritability, anxiety, mood shifts, and feeling unusually overwhelmed may be part of a brain injury rather than simply an unrelated reaction to a stressful event.
Anyone who suspects a traumatic brain injury should seek medical attention promptly. Medical care is important for evaluating and treating the injury, and it can also create a record of symptoms as they emerge and change.
Legal Rights After a Negligence-Related Brain Injury
When another person or entity may have caused a traumatic brain injury through negligence, the injured person may have legal rights to consider. This may include a TBI caused by a New York car accident, an unsafe property condition, or another preventable incident.
A personal injury claim against the responsible party may be one available path. The right type of claim depends on the facts, including where the accident happened and how the injury occurred.
For example, a defective product or unsafe piece of equipment may raise a product liability claim. A brain injury sustained at work may involve workers’ compensation, and in some workplace injury cases, there may also be a claim against a responsible third party.
In the most devastating situations, a fatal brain injury may lead to a wrongful death claim. A New York personal injury lawyer can evaluate the circumstances surrounding the accident and explain the potential legal avenues based on the individual facts.
Damages That May Be Available in a TBI Claim
The consequences of a traumatic brain injury often extend well beyond the first medical visit. Some people need continuing neurological treatment or rehabilitation, while others experience limitations that interfere with work and essential daily activities.
Depending on the claim and the evidence, compensation may include past and future medical expenses. This can include the costs of ongoing neurological care and rehabilitation such as physical, occupational, or cognitive therapy.
Lost income may also be relevant when a brain injury prevents someone from working. If the injury affects the person’s long-term ability to earn a living, diminished future earning capacity may be an important consideration as well.
Compensation may further account for pain and suffering, including the emotional impact of the injury and continuing cognitive or physical limitations. Since the full consequences of a TBI are not always known at the outset, documenting symptoms and treatment over time can be particularly important.
Medical providers play an essential role in identifying the nature of the injury and explaining how it may affect a person’s future needs. That information can be central to evaluating a traumatic brain injury claim.
Why Filing Deadlines Matter in New York
People considering a claim should understand that legal action cannot be delayed indefinitely. A statute of limitations sets a deadline for filing a personal injury lawsuit.
The applicable deadline may depend on the state where the injury occurred and the type of claim involved. In New York, the circumstances of the accident can affect the timeline, so it is important to understand the relevant deadline before waiting too long.
Missing a filing deadline can limit or prevent a person from pursuing available legal remedies. This is especially significant in TBI cases, where symptoms and long-term effects may continue to develop after the accident.
Speaking with a personal injury attorney early can help an injured person understand the legal timeline, the available options, and the information that may be needed to evaluate a claim. Early guidance does not change the medical priorities, but it can help protect the ability to explore legal action.
Guidance After a Traumatic Brain Injury
The aftermath of a brain injury can bring medical concerns, disruptions to everyday life, and difficult questions about responsibility. Recognizing possible symptoms and obtaining appropriate medical care are important first steps, especially when symptoms are delayed or hard to identify.
If negligence contributed to the injury, understanding your legal rights may help you make informed decisions about how to proceed. Litman Law Firm has more than 40 years of experience representing people injured in serious accidents across New York.
If you or a loved one is coping with a traumatic brain injury after a car accident, construction accident, slip-and-fall, workplace incident, or another serious accident, contact Litman Law Firm to discuss your situation. Our team can explain the potential options related to a personal injury claim, brain injury compensation, and the applicable legal deadlines.