Traumatic brain injuries, or TBIs, can happen during car accidents when a victim’s head suffers a jolt, bump, blow or impact. Car accident brain injuries can have significant short-term and long-term effects on a victim’s health. If you are diagnosed with a brain injury from an automobile crash in New York, it is important to know your legal rights.
Common Types of Brain Injuries Caused By Car Accidents in New York
A car accident in New York can cause a brain injury due to blunt-force trauma, the rotational forces of the vehicle or penetrating injuries. An open head injury describes a TBI where the skull is fractured or punctured, while a closed head injury is a TBI caused when the skull remains intact.
Common types of car accident brain injuries include:
- Concussion: a mild traumatic brain injury caused by the head moving rapidly around inside the skull.
- Contusions and hematomas: bruises of the brain tissue that can cause brain damage, or a collection of blood pooling between the brain and the skull.
- Diffuse-axonal injury: the stretching or tearing of the nerve fibers (axons) due to the brain rapidly shifting or rotating within the skull.
- Coup-contrecoup injury: a brain injury that occurs on two sides of the brain, the point of the initial impact and the exact opposite side (from the brain bouncing).
- Cerebral edema: a dangerous buildup of fluid in the space around the brain, leading to harmful pressure against the brain’s tissues.
- Hemorrhage: burst blood vessels in or around the brain that can lead to life-threatening bleeding.
A victim needs to visit an emergency room immediately after any car accident involving impact to the head, severe motion of the head and neck, or skull penetration due to the potential for a traumatic brain injury. Prompt treatment is essential.
Symptoms of Brain Injuries
Every brain injury is unique. The symptoms experienced by a car accident victim will vary based on the location of the injury on the brain and the level of damage inflicted. Common symptoms include:
- Headache
- Dizziness or vertigo
- Nausea or vomiting
- Fatigue
- Blurred vision
- Feeling confused or disoriented
- Depression or anxiety
- Memory trouble
- Personality changes
How significantly a brain injury impacts a victim depends on the type and severity of the damage to the brain, as well as how the patient responds to treatment.
What Compensation Is Available for a Car Accident Brain Injury in New York?
When a car accident in New York causes a serious injury such as a TBI, the victim can sue the at-fault driver outside of the state’s no-fault insurance system. A tort claim against a negligent party could result in greater financial compensation than a personal injury protection (PIP) claim can alone.
Available damages may include past and future medical bills, long-term or permanent disability, lost wages, loss of the capacity to earn, loss of enjoyment of life, property damage, pain and suffering, and psychological distress.
The Importance of Contacting a Car Accident Lawyer for a Brain Injury Claim
Car accident cases involving traumatic brain injuries are complex. TBIs often come with high costs, foreseeable future expenses, long-term damage and a great personal toll on the victim. A car insurance claims adjuster may not offer a fair and full settlement upfront; victims often need to consult with car accident lawyers to get the case results they deserve.
An experienced car accident attorney can carefully investigate your car crash, determine who is at fault and collect evidence to build the foundation of your brain injury case. Your lawyer can hire neurologists and medical experts to strengthen your claim. Then, your lawyer can negotiate for maximum compensation in or out of court while you focus on getting better.