Traumatic brain injuries (TBIs) are injuries to the brain caused by an external force, such as a blow, jolt, or penetrating object. TBIs can range from mild concussions to life-altering injuries. While its types vary, such injuries typically come with physical, cognitive, and emotional impairments.
In personal injury cases involving traumatic brain injuries, liability depends on the context of the incident. Entities that may be held liable include:
- At-fault negligent drivers (for car accidents);
- Property owners (where the incident occurred);
- Medical professionals (for mishandled cases);
- Employers (for workplace-related incidents);
- Sports organizations (for poorly officiated events); and
- Local government (for incidents involving public spaces and negligent employees).
In whatever context, negligent entities can always be held liable for any serious injuries caused by their negligence. A thorough initial investigation is crucial in properly establishing and strengthening your claim. If you’re looking to pursue further legal action, reach out to personal injury lawyers as soon as possible. In New York, statutes of limitations vary from case to case.
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Types and Symptoms
Traumatic brain injuries can significantly impact a person’s quality of life. Side effects vary depending on the type and area affected. Here are the major types of TBIs and their accompanying symptoms:
| TYPE | SYMPTOMS |
| Concussion | Headache; Confusion; Dizziness; Memory problems; Nausea; Sensitivity to light and noise; Changes in mood or behavior |
| Contusion | Symptoms similar to concussion; Localized pain, swelling, or bleeding at the site of impact; Difficulty with coordination or balance |
| Diffuse Axonal Injury | Loss of consciousness; Coma; Severe confusion and disorientation; Headaches; Dizziness; Nausea; Fatigue; Mood changes |
| Penetrating Injury | Seizures; Loss of consciousness; Bleeding; Difficulty with speech, vision, or movement; Changes in mood or behavior; Symptoms depend on the area of the brain affected |
Impediments caused by the injury may vary depending on the area of the brain affected. Here’s a brief overview of the major parts of the brain, their functions, and symptoms that may present themselves should these parts be injured.
| Frontal Lobe – Responsible for executive functions, problem-solving, and behavior control. Injuries may cause changes in personality, impulsivity, and difficulty with attention and organization. Temporal Lobe – Involved in processing language, memory, and emotion. Injuries may lead to problems with communication, memory, hearing, and emotional regulation. Parietal Lobe – Processes sensory information and spatial awareness. Injuries can cause difficulties with touch, temperature sensation, spatial perception, and hand-eye coordination. Occipital Lobe – Responsible for processing visual information. Injuries may result in vision problems, such as blindness or difficulty perceiving visual details. Cerebellum – Coordinates movement and balance. Injuries can lead to problems with coordination, balance, and fine motor skills. Brainstem – Controls essential functions like breathing, heart rate, and consciousness. Injuries to this area can be life-threatening and may result in coma or vegetative state. |
For any of these types, proper medical intervention and continuing rehabilitation care are crucial. Such treatments can be costly, however.
Damages and Compensation
Individuals who have suffered serious injuries (such as traumatic brain injuries) may be compensated for all economic and non-economic damages incurred through the injury. These damages include:
| 1. Past medical expenses – Compensation for all medical bills related to the injury, including emergency care, hospitalization, surgery, medication, rehabilitation, and any necessary ongoing treatment or care. |
| 2. Future medical expenses – If the injury requires long-term care or treatment, the individual may be compensated for projected future medical costs. |
| 3. Lost wages – Compensation for the income the individual has lost due to being unable to work while recovering from the injury. |
| 4. Loss of earning capacity – If the injury has permanently impacted the individual's ability to work or earn at the same level as before the accident, they may be compensated for the projected loss of future income. |
| 5. Pain and suffering – Compensation for the physical pain, discomfort, and emotional distress caused by the injury. |
| 6. Emotional distress – Damages for the psychological impact of the injury, such as anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health issues. |
| 7. Loss of enjoyment of life – Compensation for the ways in which the injury has diminished the individual's ability to participate in hobbies, activities, or other aspects of life they previously enjoyed. |
| 8. Disability or disfigurement – If the injury has resulted in permanent disability or disfigurement, the individual may be compensated for the impact on their quality of life. |
| 9. Loss of consortium – Damages awarded to the injured person's spouse for the loss of companionship, affection, and other benefits of the marital relationship due to the injury. |
| 10. Punitive damages – In rare cases involving particularly egregious conduct, the court may award punitive damages to punish the defendant and deter similar behavior in the future. |
In New York City alone, there were 18,895 reported personal injury claims (against the city) in 2023. The city paid out a total of $739.6 million to settle these claims. This rounds out to about $39,142 per personal injury claim. Note, however, that this figure does not include cases involving private companies and other individuals.
Furthermore, this “average” does not really give us insights to more severe cases. Feel free to check out our previous wins for actual and more tangible figures.
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Establishing and Filing a Lawsuit
To establish a strong personal injury claim, several key elements must be present. These elements help demonstrate that the defendant is liable for the plaintiff's injuries and that the plaintiff is entitled to compensation. The four main elements are:
| 1. Duty of Care – How is the potentially liable party responsible for your well-being? |
| 2. Breach of Duty – Did the defendant perform poorly/negligently based on these responsibilities? |
| 3. Causation – Did the defendant’s negligence directly cause you harm? |
| 4. Damages – What did these errors cost you? |
Personal injury lawyers work to gather evidence, consult with experts, and build a case that establishes these essential elements, presenting a compelling argument for their client's right to compensation. Should your legal team feel confident about your claim after the initial investigation, you’d then proceed with the litigation – which includes these steps:
- Filing a complaint
- Serving the defendant
- Discovery (exchanging information and evidence)
- Pre-trial motions and hearings
- Settlement negotiations
- Trial (if necessary)
- Post-trial motions and appeals
While at least 90% of civil cases are settled without trial, some personal injury cases may push through with trials depending on the complexity and value of the claim. This is why you should only work with a counsel that you fully trust.
Speak to a Personal Injury Lawyer Today
At the Porter Law Group, our team of proven personal lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
