Signs Your Brain Injury Could Be a Personal Injury Claim

July 19, 2019

Overview: Brain Injuries

Accidents that lead to physical injuries can affect various different parts of the human body. One of the most delicate and fragile parts of our body often injured during accidents is the brain. Brain injuries can also lead to some of the most catastrophic and life-long problems.

Such injuries often result in extraordinary medical bills, lost time from work, changes to the daily life, and costly rehabilitation and recovery services. Often times, it is not easily clear where or how these costs will be covered, especially if there is a question as to whose negligence led to the accident.

When Your Brain Injury is a Personal Injury Claim

Consider the following details about your injury to better determine whether or not it is eligible for a personal injury claim.

Who is responsible? If another person is at fault for the accident that led to your brain injury, then they may also be liable for any damages.
How are they responsible? It is not enough to simply place blame onto another person. You must also determine why they should be held responsible. Did they have a legal duty of care for your wellbeing? Did they act in a way that was negligent?
How will the injury affect your life? A minor injury may not be eligible for compensation through a personal injury case. However, if the injury will lead to extended medical bills and lost wages, then you may be able to collect compensation from the responsible party.
What evidence do you have? It is also important that we collect the necessary evidence that identifies who is responsible.

New Brunswick Personal Injury Laws

In order to file a personal injury claim with the state of New Jersey, we will need to demonstrate the following elements:

Duty of care: The responsible party must have held a legal duty of care to you.
Breach of duty: The responsible party must have acted in a way that breached that duty of care.
Causation: The negligent or intentional actions of the responsible party must have been the cause of the accident, or the injury.
Actual damages: There must be actual damages present that can be compensated (medical bills, lost wages, lost benefits, and rehabilitative costs)

Car Accidents and Personal Injury Claims in Scotch Plains

Although you can suffer a brain injury in a car accident, the compensation process differs from other types of personal injury cases. Because New Jersey is a no-fault state, this means that each party is responsible for their own damages in a car accident, regardless of fault. You would first seek compensation for your damages through your car insurance policy.

However, no-fault insurance policies often have limitations and suffering a brain injury will likely put you at that limit. If your damages exceed the amount allowed through your insurance company, then it may make sense to file a third-party personal injury case. It can be helpful to discuss the details of your case with a personal injury lawyer.

Contact an Elizabeth Personal Injury Lawyer to Discuss Your Personal Injury Case in New Jersey

Did you or a loved one sustain serious injuries due to a personal injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC represent clients injured because of a personal injury in Elizabeth, Union, Plainfield, Newark, East Orange, Irvington, Edison, Woodbridge, Old Bridge, Piscataway, New Brunswick, Perth Amboy, Paterson, Clifton, Passaic, Wayne, and throughout New Jersey. Call (908) 325-5571 or fill our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1827 East Second Street, Scotch Plains, NJ 07076 as well as offices in Westfield, Newark, East Brunswick, Clifton, Cherry Hill, and Elizabeth.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.