Life can change in an instant. One moment, you’re going about your day, working on a job site or simply crossing the street, and the next, an accident leaves you or a loved one facing a traumatic brain injury (TBI). This devastating injury has far-reaching consequences, not just for the individual but for their family, career, and future as well. While the road ahead may feel uncertain, understanding what a traumatic brain injury entails can help you take steps toward healing and justice.
If you’re here because you or someone you love has been affected by a TBI, know that you have the right to seek justice and compensation after such a life-altering event.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury, or TBI, is damage to the brain caused by a sudden force, impact, or penetrating injury. TBIs disrupt how your brain functions and the effects can be temporary or permanent. Some cases are mild, like a concussion, while others are life-threatening or debilitating, leading to long-term cognitive, emotional, and physical challenges.
TBIs are classified into three main categories based on severity:
- Mild TBI (Concussion): Often involves a brief loss of consciousness or no loss at all. Symptoms might resolve within weeks, but lingering effects can sometimes last much longer.
- Moderate TBI: Results in longer unconsciousness (several minutes or hours) or noticeable confusion. Can involve physical and cognitive impairments that require rehabilitation.
- Severe TBI: Prolonged unconsciousness or coma. These injuries often come with permanent damage, requiring ongoing medical care and support.
Regardless of the severity, TBIs need immediate medical attention. Even injuries that seem mild at first can worsen quickly without proper care.
Common Symptoms of Traumatic Brain Injuries
The symptoms of a TBI aren’t always immediately obvious. Sometimes, the person injured might feel “okay” right after the accident, only for serious symptoms to appear days or even weeks later. Here’s what to look out for:
Physical Symptoms
- Persistent headaches or migraines
- Dizziness or loss of balance
- Nausea or vomiting
- Vision issues, including blurred or double vision
- Difficulty sleeping or sleeping too much
- Extreme fatigue or drowsiness
Cognitive Symptoms
- Difficulty concentrating or remembering
- Feeling confused or “foggy”
- Trouble speaking clearly or processing information
- Poor judgment or decision-making abilities
Emotional and Behavioral Symptoms
- Irritability, mood swings, or increased anxiety
- Feeling unusually sad or depressed
- Withdrawal from family or friends
Severe Symptoms (Seek Immediate Help)
- Seizures
- Repeated vomiting
- One pupil larger than the other
- Loss of coordination or slurred speech
- Weakness or numbness in the limbs
- Loss of consciousness (even briefly)
If you notice these symptoms in yourself or a loved one following an accident, it’s crucial to seek medical help right away. TBIs are not injuries that heal on their own, and early intervention could save a life.
Causes of Traumatic Brain Injuries
Traumatic brain injuries can stem from a wide variety of accidents and situations. Some of the most common causes include:
Construction Accidents
Construction workers face some of the highest risks for TBIs. Whether it’s falling from a scaffold in neighborhoods like Astoria, being struck by falling debris on a site near Queens Boulevard, or getting in a machinery-related accident, these injuries can be catastrophic. Workers in construction zones near major hubs like the Long Island Expressway or Manhattan’s high-rise projects are especially vulnerable.
Motor Vehicle Accidents
Car, truck, and motorcycle crashes are another leading cause of TBIs. A collision on busy roads like the Brooklyn-Queens Expressway (BQE), Northern Boulevard, or the Cross Bronx Expressway can cause a powerful impact, leading to head trauma. Even seemingly minor fender benders can result in serious brain injuries, especially if the head hits the steering wheel, dashboard, or window.
Slip and Fall Accidents
Slipping on an icy sidewalk in Long Island City, tripping in poorly maintained stairwells in apartment buildings across Brooklyn, or falling from a height can all lead to traumatic brain injuries. Sadly, many of these incidents occur because of someone else’s negligence, like a property owner failing to properly maintain their premises.
Workplace Incidents
Beyond construction sites, other workplaces present risks for TBIs. Falls, equipment malfunctions, or being hit by falling objects can happen in warehouses, retail stores, or industrial settings anywhere from Manhattan to Mineola.
Pedestrian and Bicycle Accidents
With New York City’s bustling streets, accidents involving pedestrians and cyclists are unfortunately common. Being struck by a vehicle along Fifth Avenue, crossing Queens Plaza, or biking on the Williamsburg Bridge can result in devastating head injuries.
How TBIs Change Lives
The impact of a traumatic brain injury often extends beyond physical pain. Victims and their families face a wide range of challenges, including:
The Financial Burden of Medical Care
The costs of treating a traumatic brain injury can be overwhelming. From emergency room visits and diagnostic tests like MRIs to surgeries and extended hospital stays, the expenses can pile up quickly. Rehabilitation therapies, including physical, occupational, and speech therapy, may be necessary in the long term, adding to the financial strain. Specialized care, such as cognitive therapy or assistive devices, can also be expensive.
For families, the reality of mounting medical bills can feel insurmountable, particularly if insurance coverage falls short.
The Impact on Careers and Earning Potential
A traumatic brain injury can drastically alter your ability to work. If your job demands physical strength or precision, as many construction and labor roles do, a TBI might make returning to work impossible. Even desk jobs requiring mental focus can prove challenging for those with lingering cognitive issues. Beyond lost wages during recovery, victims may face permanent earning capacity reductions.
For families relying on one primary income, these changes can disrupt financial stability and lead to mounting debt, adding another layer of worry on top of medical costs.
Emotional and Psychological Struggles
Traumatic brain injuries don’t just harm the body—they take a toll on the mind. Victims often experience mood swings, irritability, depression, and anxiety due to brain damage or frustration over lost independence. For families, these personality changes can strain relationships, leaving everyone feeling isolated and misunderstood.
The stigma around mental health can make some reluctant to seek help, even though emotional therapy and support groups could improve well-being. Dealing with these psychological challenges often requires significant emotional resources and support from loved ones or professionals.
The Ripple Effect on Daily Life
Everyday activities can suddenly become daunting or even impossible after a TBI. Tasks you once took for granted—like cooking, showering, or driving—might now require assistance or adaptation. For severe injuries, victims may need to rely on caregivers or home modifications to regain a sense of normalcy.
Families often find themselves stepping into new roles as full- or part-time caregivers, which can disrupt their own work schedules and personal lives. This shift affects household dynamics and requires significant coordination, patience, and understanding from everyone involved.
Legal Rights for TBI Victims
If you suffered a traumatic brain injury due to an accident, it’s important to know that you have rights. TBIs are not just medical conditions—they’re often the result of someone else’s carelessness, recklessness, or negligence. Holding others accountable is not only about securing the compensation you need and deserve but also about ensuring justice.
Your Right to Fair and Comprehensive Compensation
If you’ve suffered a traumatic brain injury due to someone else’s negligence, you have the right to seek compensation that addresses the full scope of your damages. This includes immediate medical bills, ongoing treatment, and future healthcare costs. Financial recovery also accounts for lost wages, reduced earning potential, and the profound impact on your quality of life. Pain and suffering, emotional distress, and the toll on your relationships matter, too.
With TBIs often leading to lifelong consequences, calculating compensation requires care and precision. Don’t settle for less than you need to rebuild your life and secure your family’s future.
Proving Liability and Holding Negligent Parties Accountable
Establishing liability is essential for your claim to succeed. This means demonstrating that someone else's negligence, recklessness, or failure to act appropriately caused your injury. For example, a construction company may neglect safety standards, or a driver might act carelessly on the road. Liability could also fall on property owners who fail to maintain safe premises.
Building a case requires strong evidence like accident reports, witness statements, and expert testimonies. This step ensures that those responsible are held accountable for their actions and helps you secure the justice you deserve.
Navigating New York’s Statutes of Limitations for TBI Claims
The law in New York determines how long you have to file a personal injury claim after a traumatic brain injury. These deadlines, known as statutes of limitations, vary based on the specifics of your case. For example, personal injury claims are generally subject to a three-year limit, but this could differ for medical malpractice or cases involving government entities.
Filing within these timeframes is critical to preserving your rights to compensation. Acting swiftly not only ensures your claim is valid but also helps secure evidence and strengthen your case against negligent parties.
The Importance of Legal Advocacy for TBI Victims
Pursuing a legal claim while managing the emotional and physical toll of a TBI can feel overwhelming. Skilled legal representation can alleviate this burden by handling the legalities of your case. From negotiating with insurance companies to gathering evidence and building your argument, legal advocates offer the knowledge and resources needed for success.
Professionals also ensure you’re not pressured into an unfair settlement, as they understand the true value of your case. By working with someone focused on securing maximum compensation, you can concentrate on healing and rebuilding your life.
How to Take Action After a TBI
If you or a loved one has suffered a TBI, here are some steps you can take:
- Seek Immediate Medical Care: Prompt treatment can save lives and prevent symptoms from worsening. Visit a hospital, such as NewYork-Presbyterian, Mount Sinai, or Northwell Health on Long Island, to ensure you receive comprehensive care.
- Document Everything: Keep records of medical visits, accident reports, emails, and any correspondence with insurance companies. Even photos from the accident scene can be critical.
- Don’t Settle Too Soon: Insurance companies might pressure you into accepting a quick payout. These offers are often far less than what you deserve. Consulting with a personal injury lawyer can help you determine the true value of your case.
- Reach Out for Professional Help: Managing a TBI claim can be challenging, especially when you’re also dealing with the emotional toll of an injury. Consult a lawyer who understands the ins and outs of personal injury law.
Why You Deserve Justice
A traumatic brain injury doesn’t just happen—it’s almost always the result of preventable failures by others. Whether it’s a company putting profits over safety, a driver ignoring traffic laws, or a property owner neglecting basic maintenance, someone failed to protect you. And now, the consequences rest on your shoulders.
That’s not fair. It shouldn’t be your job to go up against insurance companies or negligent parties—as you focus on healing, someone else should focus on making things right.
The Perecman Firm is Here to Help
At The Perecman Firm, we recognize the life-changing impact of traumatic brain injuries. We’ve served accident victims in New York City, Queens, and Long Island for over 40 years. Our team understands how devastating accidents can leave families scrambling to cover medical bills, replace lost income, and adjust to a new reality.
You deserve someone who will fight tirelessly on your behalf—someone who will treat your case as if it’s the only one that matters. That’s what we do.
Are you ready to claim the compensation you deserve? Contact us today at (212) 977-7033 or through our online form for a free case review. Together, we’ll make sure those responsible are held accountable and fight for the justice and recovery you need.