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What happens when another's negligence results in head trauma?

Although a variety of accidents can result in brain injury, there may still be misunderstanding over the long-term effects of this type of injury. Indeed, as a personal injury law firm that has pursued compensation against a negligent party on behalf of brain injury victims, we understand that damage requests can vary greatly. The Brain Injury Alliance of New Jersey maintains a website that provides some information to help with this confusion. 

First, a definition: A traumatic brain injury is a head injury that interferes with the brain’s functioning. Not all head trauma may result in TBI. At the same time, the range and severity of TBI injuries may also vary greatly. Some may be mild and not result in a loss of functioning or consciousness. Other TBI injuries may present long-term symptoms that may render an accident victim unable to work or require long-term medical treatment or therapies. 

Since the brain is the command center of the central nervous symptoms, the range of TBI symptoms can be extensive. In addition to cognitive impairments, a brain injury may also affect emotional moods and physical coordination. Severe cases may also include seizures, headaches and sensory impairments. 

The type of accident affects the specific legal theory for seeking compensation for a TBI injury caused by another’s negligence. If an individual suffered a slip-and-fall due to a hazard on another’s property, a premises liability claim may be possible if the hazard was foreseeable and the result of the owner’s negligent maintenance of the property. If the TBI injury occurred after a motor vehicle accident caused by another driver’s negligence, a civil personal injury lawsuit might be available.

Source: Brain Injury Alliance of New Jersey, “What is Brain Injury?” copyright 2015, BIANJ

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