A traumatic brain injury (TBI) occurs when a sudden bump, blow, jolt to the head, or a penetrating head injury disrupts normal brain function. Not all blows to the head result in a TBI, but when they do, the consequences can range from mild and temporary to severe and permanent.

TBIs are classified by severity. Mild TBI, commonly referred to as a concussion, may cause a brief loss of consciousness, confusion, headaches, and memory difficulties. A moderate or severe TBI can result in extended loss of consciousness, significant cognitive impairment, and permanent brain damage.

The physical effects of TBI can include chronic headaches, seizures, loss of coordination, vision and hearing problems, and paralysis. Cognitive effects may include memory loss, difficulty concentrating, and impaired judgment. Emotional and behavioral changes, including depression, anxiety, mood swings, and personality changes, are also common and can be among the most difficult consequences for families to navigate. A compassionate New Jersey brain injury lawyer can help your family determine if you have a case.

If you or a loved one has suffered a traumatic brain injury caused by another party’s negligence, you have the right to pursue full compensation. That typically includes economic and non-economic damages.

Economic Damages include:

• Past and future medical expenses
• Lost wages during recovery
• Future loss of earning capacity

Non-Economic Damages include:

• Physical pain and emotional suffering
• Loss of enjoyment of life
• Loss of consortium

New Jersey places no cap on compensatory damages, meaning there is no limit on what a jury may award. In cases where a defendant’s conduct was especially reckless, a court may also award punitive damages. In New Jersey, punitive damages are capped at $350,000 or five times the compensatory award, whichever is greater.

In a worst-case scenario, if a traumatic brain injury results in the loss of a life, surviving family members may pursue a wrongful death claim under the New Jersey Wrongful Death Act.

Most traumatic brain injury claims are based on proving negligence. Unlike a criminal case, you do not have to prove your claim “beyond a reasonable doubt.” You have to show that it is more likely than not that the other party was at fault for your injuries.

There are four key elements you must establish.

• Duty of Care: You must show that the driver, property owner, employer, medical provider, or other responsible party owed you a legal duty to act with reasonable care.
• Breach of Duty: You must prove that the defendant violated that duty, whether through distracted driving, a failure to maintain safe premises, a workplace safety violation, or a medical error.
• Causation: You must prove that the defendant’s breach of duty directly caused your traumatic brain injury.
• Damages: You must prove that you suffered measurable harm that can be compensated, including medical expenses, lost wages, cognitive impairment, and pain and suffering.

If your traumatic brain injury was caused by a defective product, such as a faulty helmet, defective safety equipment, or a malfunctioning vehicle component, the manufacturer, distributor, or seller of that product may also be held liable. Under the New Jersey Products Liability Act, a manufacturer can be held strictly liable for injuries caused by a defective product.

In New Jersey, most traumatic brain injury claims must be filed within two years of the date of the injury. If you miss that deadline, the court will dismiss your case permanently, regardless of how strong it is or how severe your injuries are.

The Discovery Rule

In traumatic brain injury cases, the two-year clock does not always begin on the date of the incident. Because the full extent of a brain injury is not always immediately apparent, the discovery rule may apply, meaning the statute of limitations begins when you knew or reasonably should have known the extent of your injury.

Critical Evidence Can Disappear Quickly

Without prompt legal intervention, critical evidence can be lost. Key evidence in a traumatic brain injury case includes:

• Medical Records and Imaging Studies: Emergency room records, CT scans, MRI results, and neurological evaluations are essential to establishing the nature and extent of the brain injury and linking it directly to the incident that caused it.
• Accident and Incident Reports: Whether the injury occurred in a motor vehicle crash, a workplace accident, or a fall, the official record of how and where the injury occurred is an important piece of evidence.
• Traffic and Surveillance Footage: Camera footage can provide objective evidence of exactly how an incident occurred. That footage is frequently erased or recorded over unless your attorney moves to preserve it.
• Physical Evidence and Witness Testimony: Conditions at the scene of an accident can change quickly. Witnesses are easier to locate, and their recollections are more reliable, the sooner they are contacted.
• Expert Evaluations: Traumatic brain injury cases require testimony from neurologists and life care planners to establish the long-term impact of the injury and the full extent of future care needs.

Additional Deadlines That May Apply

If your injury was caused by a public entity such as NJ Transit or a municipal agency, you must file a formal Notice of Tort Claim within 90 days of the injury. Failure to meet that deadline may bar your claim entirely. Contact a New Jersey brain injury attorney as soon as possible to ensure all deadlines are met, and critical evidence is preserved.