Table of Contents
Key Takeaways
- Traumatic brain injuries can range from mild concussions to life-changing brain damage, and symptoms are not always immediately apparent after an accident.
- A successful traumatic brain injury claim requires proving not only who caused the accident, but also how the injury has affected the victim’s health, work, and future.
- Because TBIs often involve long-term medical care and significant future losses, accurately valuing the claim is critical to pursuing full and fair compensation.
A traumatic brain injury (TBI) can be one of the most serious injuries a person suffers in an accident. Some brain injuries are obvious right away, especially when there is a major impact, loss of consciousness, or emergency medical treatment at the scene. Others are more difficult to recognize because symptoms may develop gradually or be mistaken for soreness, stress, fatigue, or the general shock of the accident.
When a traumatic brain injury is caused by someone else’s negligence, the injured person may have the right to pursue compensation through a personal injury claim. Understanding what a TBI is, how these injuries happen, and what must be proven in a legal claim can help accident victims and their families make informed decisions about their next steps.
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Legally Reviewed By
Lee J. Odierno
Attorney/Partner
Lee J. Odierno was born in Melville, Long Island in 1977. He obtained a Bachelor Arts Degree in Military History from the University of Maryland, College Park in 2000. In 2003, Lee graduated from New York Law School and was subsequently admitted to practice in the State of New York. After admission, Lee joined The Odierno Law Firm, P.C.’s no-fault litigation department.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when a sudden impact, blow, jolt, or penetrating injury disrupts normal brain function. These injuries can vary widely in severity. Some people suffer a mild TBI, such as a concussion, and recover with appropriate medical care and rest. Others experience serious, lasting changes that affect memory, movement, mood, speech, concentration, or the ability to work and live independently.
Common types of traumatic brain injuries include:
- Concussions: Often referred to as mild traumatic brain injuries, though the effects can still be serious and long-lasting.
- Contusions: Bruising of the brain tissue, often caused by a direct impact to the head.
- Diffuse axonal injuries: Damage caused when the brain shifts or rotates inside the skull, stretching or tearing nerve fibers.
- Penetrating brain injuries: These injuries occur when an object pierces the skull and damages brain tissue.
Not every TBI looks the same. Some involve visible head trauma, while others occur without an obvious external injury. That is one reason prompt medical care is so important after any accident involving a blow to the head, violent movement, or symptoms that suggest possible brain injury.
Common TBI Symptoms
The signs of a traumatic brain injury can vary based on the person, the severity of the injury, and the part of the brain affected. Symptoms may appear immediately, or they may become more noticeable in the hours or days after the accident.
Common traumatic brain injury symptoms include:
- Headaches
- Dizziness
- Confusion
- Memory problems
- Trouble concentrating
- Sensitivity to light or noise
- Nausea
- Sleep disturbances
- Mood changes
- Irritability
- Balance problems
- Blurred vision
- Fatigue
If you suspect a brain or other head injury after an accident, seek medical attention as soon as possible. Prompt treatment isn’t just important for protecting your health; it can also help strengthen a potential legal claim.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries can happen in many different types of accidents. They may result from a direct blow to the head, a sudden fall, a violent impact, or the force of the body being thrown forward, backward, or side to side.
Some of the most common causes of TBIs include:
- Car crashes and other motor vehicle accidents
- Pedestrian and bicycle accidents
- Slip and falls
- Workplace accidents
- Sports and recreational accidents
While each of these situations is unique, the common thread is often negligence. For example, a motor vehicle crash may have been caused by a speeding, drunk, or distracted driver, while a slip and fall may have been caused by a property owner’s failure to clean up or warn visitors about a wet floor.
If someone else’s carelessness was the cause of your or a loved one’s TBI, then you may have the right to file a personal injury claim and pursue compensation for medical treatment, lost income, and other harm resulting from the injury.
Click here to schedule a confidential consultation or call our office at 631-752-8580.
What Do You Have to Prove in a Traumatic Brain Injury Case?
A traumatic brain injury claim generally requires more than showing that an accident happened and that you were later diagnosed with a TBI. The claim must clearly connect the accident, the injury, and the resulting damages.
In most cases, you must be able to show:
- Another party was negligent: This means someone failed to use reasonable care under the circumstances.
- That negligence caused the accident: There must be a connection between the other party’s conduct and the incident that caused the injury.
- The accident caused or contributed to the TBI: Medical records, diagnostic testing, treatment notes, and expert opinions may help establish this link.
- The injury resulted in damages: This may include medical bills, lost income, pain and suffering, future care needs, and other losses.
Proving these elements requires gathering, organizing, and presenting strong evidence, ranging from dashcam footage, police reports, and witness statements to medical records and imaging results. In many cases, testimony from experienced medical professionals and other experts can also play a key role in strengthening a case.
What Compensation May Be Available After a Traumatic Brain Injury?
The compensation available after a traumatic brain injury depends on the severity of the injury, the effect on the person’s life, and the losses caused by the accident. Some claims involve short-term treatment and missed work. Others involve long-term medical care, permanent limitations, and major changes to a person’s future.
Compensation in a TBI claim may include:
- Medical expenses
- Future medical treatment
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Long-term care or assistive services when necessary
Future damages can be especially important in TBI cases. A TBI victim may need continued neurological care, cognitive therapy, occupational therapy, medication, home assistance, or workplace accommodations. In cases involving severe TBIs, the injury may affect the person’s ability to return to the same job or earn the same income.
Because the effects of a TBI can unfold over time, it is important not to evaluate the claim based only on the earliest medical bills or the first few weeks of missed work. The full value of a claim should account for both current losses and the future impact of the injury.
Click here to schedule a confidential consultation or call our office at 631-752-8580.
Do You Need a Lawyer After a Traumatic Brain Injury?
Traumatic brain injury cases are often more complex than other personal injury claims because the full impact of the injury may not be clear right away. A broken bone can usually be documented with imaging, treatment records, and a relatively defined recovery period. A brain injury may affect memory, concentration, mood, sleep, communication, or decision-making in ways that are harder to measure but still deeply disruptive.
That uncertainty can make the claim more difficult to value. A TBI claim may need to account for future medical treatment, cognitive therapy, reduced earning capacity, changes in independence, and the way the injury affects the person’s ability to work, manage daily responsibilities, or maintain relationships. Because these losses can be significant, insurance companies may take a more aggressive approach by questioning whether the symptoms are related to the accident, whether the injury is as serious as claimed, or whether future care is truly necessary.
That is why working with an experienced traumatic brain injury lawyer is so important. A lawyer can help by:
- Investigating how the accident occurred and who may be legally responsible.
- Gathering medical records, treatment notes, diagnostic testing, and expert opinions.
- Working with specialists who can explain the nature and long-term effects of the brain injury.
- Clearly documenting how the injury affects your work, home life, relationships, and future.
- Calculating both current and future damages, including medical care, lost income, reduced earning capacity, and long-term support needs.
- Handling negotiations with the insurance company.
- Taking the case to court when necessary.
Hiring a lawyer is not just about proving that someone else was responsible for your injury; it’s about accurately capturing the full impact of that injury on your life so that you can pursue full and fair compensation.
Speak With a Long Island Traumatic Brain Injury Lawyer at The Odierno Law Firm
When a traumatic brain injury is caused by someone else’s negligence, it is important to understand the legal options available and what compensation may be pursued under New York law. Because TBIs can have serious and lasting effects, these claims should be evaluated with attention to both the immediate injury and the long-term impact on the injured person’s life.
The Odierno Law Firm has represented injured people on Long Island for nearly five decades. Our attorneys have more than 150 years of combined legal experience and have recovered more than $300 million for clients in personal injury matters, including serious accident cases involving complex medical and financial losses.
If you or a loved one suffered a traumatic brain injury after a car accident, fall, workplace incident, or another preventable accident, our personal injury attorneys can review what happened, explain your legal options, and help you determine the next steps. Contact us today to schedule a free consultation.
