Can I file a claim for a traumatic brain injury (TBI) after an auto accident?

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traumatic brain injury TBI auto accident

As a result of an auto accident, a person may suffer a traumatic brain injury (TBI). A TBI is no laughing matter as it is one of the most serious injuries a person can sustain. A TBI can have temporary or permanent damages that negatively alter a person’s life and welfare. In the unfortunate event that you or someone you love has suffered a TBI as a result of an auto accident, contact a compassionate and determined New York City Auto Accident Lawyer who can help you recover appropriate compensation for your significant losses.

What is a traumatic brain injury (TBI)?

A TBI occurs when there is damage to a person’s brain such as bruising or bleeding. A TBI is caused by a forceful blow to the head. A jolt to the head could cause a person’s brain to collide with the inside of their skull, which could cause brain bleeding and bruising. The severity of a TBI can be broken down into mild, moderate, and severe. Individuals who suffer TBIs experience significant symptoms that negatively impact their welfare such as:

  • Headaches
  • Nausea and vomiting
  • Loss of consciousness
  • Loss of balance and coordination
  • Loss of memory
  • Dizziness and fatigue
  • Mood changes
  • Blurred vision and ringing in the ears
  • Seizures
  • Confusion
  • Slurred speech

Depending on whether the TBI is mild, moderate, or severe, the symptoms will vary. The more severe the TBI, the more intense the symptoms.

What are common causes of TBIs?

A TBI can occur for several reasons. However, they are most commonly caused by:

  • Auto accidents
  • Slip & fall
  • Violence (assault)
  • Being stuck with an object
  • Firearm related incidents

However, TBIs are most commonly caused as a result of an auto accident. Typically, victims of auto accidents suffer TBIs due to the force of impact of another vehicle crashing into them. Victims of auto accidents may suffer a jolt to the head from smashing their head into the dashboard, an excessive airbag, or objects from outside or inside the vehicle.

How long do I have to pursue legal action?

In NYC, victims of TBIs have three years from the date they suffered the TBI to file a lawsuit against a negligent party to recover damages. Due to the statute of limitations, victims must file a claim at any point within those three years. In some states, there are certain caps on the amount a victim can recover for a certain type of damage. However, there is no cap on the amount a victim can recover in damages for a TBI. It is critical for victims of TBIs to meet this deadline because if they miss the deadline they will be barred from filing a claim in the future. This means they will lose their chance of recovering financial compensation for their damages.

If you or someone you care about has been injured due to the negligent actions of another, please don’t hesitate to contact one of our skilled and knowledgeable team members. Our firm is committed to helping our clients recover appropriate monetary compensation for their traumatic brain injury.


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