A brain injury from a car accident can result in devastating, long-term effects—ranging from memory loss and impaired cognition to permanent disability. At the Law Office Of Cohen & Jaffe – Long Island Personal Injury Lawyers, we understand how traumatic brain injuries (TBIs) impact every aspect of a victim’s life. In New York, those injured in a crash may be entitled to Personal Injury Protection (PIP) benefits to cover immediate medical expenses. If the injury meets the state’s serious injury threshold, our team can also help pursue a personal injury lawsuit against the at-fault party to seek compensation for long-term losses, including pain and suffering, lost wages, and future care needs.
Car Accidents and Brain Injury Statistics
It is impossible to know how many car accident victims truly suffer traumatic brain injuries because, in many cases, TBIs do not have apparent physical symptoms. However, using data from the New York State Department of Health (NYS DOH), we know that car accidents are among the most common causes of TBI hospitalizations for people in New York.
According to the most recent data from the Centers for Disease Control and Prevention (CDC), about 69,000 people were admitted to emergency departments for TBIs nationwide. Car accidents were also a leading cause of TBI in this national data.
Brain Injury From a Car Accident
Brain injuries can result from a car accident, even if the head doesn’t directly hit anything. The brain is vulnerable to injury when sudden motion causes it to shift within the skull, which can stretch or damage delicate tissue. This trauma may lead to bruising, bleeding, or microscopic tearing of nerve fibers.
These injuries range from mild concussions to severe traumatic brain injuries (TBIs), with effects that can be cognitive, emotional, or physical. While some symptoms appear immediately, others may take hours or even days to develop, making prompt medical attention critical after any suspected head injury.
Here are some common types of brain injuries in car accidents:
- Concussion: A mild TBI that may cause temporary confusion, headache, or brief loss of consciousness. While often short-term, effects can linger without proper care.
- Contusion: A bruise on the brain caused by direct impact. Moderate to severe contusions can lead to swelling or bleeding.
- Hematoma or Hemorrhage: Internal bleeding in or around the brain, which may increase pressure and require emergency treatment.
- Diffuse Axonal Injury (DAI): Caused by strong rotational forces, this injury involves widespread tearing of nerve fibers and can result in long-term cognitive impairment.
- Coup-Contrecoup Injury: Damage occurs at both the impact site and the opposite side of the brain due to rapid back-and-forth movement.
- Skull Fracture: A break in the cranial bone that can involve brain injury or complications like bleeding or infection.
Symptoms may include:
- Physical: Headaches, dizziness, vision issues, fatigue.
- Cognitive: Memory loss, trouble concentrating, speech difficulties.
- Emotional: Mood swings, anxiety, depression, or sleep disruption.
In New York, prompt medical care is vital for both recovery and protecting your legal rights. While no-fault insurance covers initial treatment, serious brain injuries with lasting effects may qualify for additional compensation through a personal injury claim. Early diagnosis also supports better outcomes due to the brain’s ability to heal through neuroplasticity.
Symptoms of a TBI
As mentioned above, not all TBI symptoms are obvious for the victim or the people around him or her. Because of this, they can go unnoticed for weeks or even months.
Per Mayo Clinic, your TBI symptoms may include:
- Light and sound sensitivity
- Confusion
- Blurred vision
- Nausea
- Irritability
- Difficulty sleeping
- Memory loss
- Balance and coordination difficulties
If you were involved in a car accident, seek medical attention as soon as you can. If you suffered a TBI, this is how you can have it promptly diagnosed and treated.
Long-Term Effects of a TBI
Not all TBIs leave victims permanently injured, but many do. This is more likely to be the case with severe TBIs than it is with more mild injuries. A victim can reduce his or her likelihood of suffering from long-term TBI complications by pursuing prompt medical treatment.
Long-term and permanent TBI complications include:
- Paralysis
- Loss of motor control
- Seizures
- An increased risk of facing Alzheimer’s disease later in life
- Coma
- Chronic headaches
- Cognitive impairment
You Deserve Compensation for Losses Caused By Your TBI
If the car accident that resulted in your injury was not your fault, you deserve help paying for your medical treatment and other accident-related damages. Our accident attorneys can help you pursue awards for your:
- Past and future medical care – We can help you recover the cost of the treatment you have already received, as well as a sum to cover the cost of your necessary future medical needs. Medical awards may include emergency treatment and transportation, medical procedures, long-term nursing services, physical and occupational therapy, and more.
- Pain and suffering – We can help you fight for awards for permanent injuries, long-term complications, and the effect of your injuries on your mental and emotional well-being. Also known as economic damages, these damages include compensation for depression, anxiety, scarring and disfigurement, stress, and loss of enjoyment of life.
- Lost wages – Our lawyers can help you recoup wages, earnings, and benefits lost due to your injuries and recovery period. If you sustained an injury that prevents you from returning to work, we can also help you seek awards for the loss of your earning capacity.
- Vehicle damages – We can help you get the money you need to repair or replace your vehicle. You may also seek the value of any other damaged personal property, such as cell phones and laptops.
New York Wrongful Death Cases
If your loved one suffered a fatal TBI during a vehicle accident, a representative of their estate can recover compensation on their behalf. According to EPT § 5-4.1, the representative must pursue action within two years of the deceased’s death. Compensation may include personal injury awards the deceased could have sought had they lived, as well as awards for surviving family members for the loss of their loved one’s support and services.
Proving Liability for Your TBI Accident
As mentioned, if you suffered a severe injury, you have the right to seek compensation above your PIP protection from the driver who caused your crash. You will have to prove the at-fault driver behaved negligently to win your case. Examples of negligent driving include:
- Texting and driving
- Speeding or driving too fast for current weather conditions
- Driving under the influence of drugs or alcohol
- Tailgating
- Driving in the wrong lane
- Failing to stop at a marked intersection
- Failing to yield
- Making an improper turn
We will help you build your case against the liable party and prove their actions led to your TBI. We will collect evidence including:
- Eyewitness and expert testimony
- Professional medical opinions
- Police reports
- Photographs and videos of your crash site
- Available surveillance video, dashcam footage, or cellphone video of your accident
- Medical bills and records
We will work tirelessly to negotiate a fair settlement for your injuries. However, if we cannot achieve compensation through an insurance claim, we can assist you with a personal injury lawsuit. Talk to our Garden City car accident attorneys about your case. They will help you estimate the total amount of your economic and non-economic damages you want to obtain, explain how they will counter the defendant’s comparative negligence strategy (if they use it), represent you in court if necessary, and close your case when you receive the settlement you wanted.
According to CVP § 214, you have three years from your accident to file your personal injury case. While the statute of limitations does not legally apply to insurance claims, keep in mind that an expired time limit can reduce your bargaining power. We recommend that you get started on your case as soon as possible to meet this important deadline.
Work With Our Long Island Personal Injury Lawyers
Suffering a traumatic brain injury will change your life. If you were involved in a car accident and suffered a brain injury as a result, contact a Long Island personal injury lawyer’s team. Call the Law Office of Cohen & Jaffe, LLP for your free legal consultation with us.
We can answer all of your questions and help you get on the path to physical and financial recovery. Call us today at (516) 358-6900 for a free, no-obligation case review.