PERSONAL INJURY

New Jersey Brain Injury Lawyer

Have you or a loved one suffered a traumatic brain injury (TBI)? Was someone else to blame? If so, you could be entitled to compensation for medical bills, lost income, pain and suffering, and more. But pursuing this compensation can be incredibly difficult without the help of an experienced New Jersey personal injury attorney.

For nearly a century, the attorneys at Pellettieri Rabstein & Altman have been helping people throughout New Jersey seek the compensation and justice they deserve for injuries that weren’t their fault. Let us do the same for you.

Reach out to us online or by phone for a free consultation with a New Jersey brain injury lawyer.

Our New Jersey Brain Injury Attorneys Help People Hurt in Accidents

Since our firm’s founding in 1929, Pellettieri Rabstein & Altman has been dedicated to fighting for the rights of New Jerseyans who’ve been injured through no fault of their own. During that time, we have developed a reputation for providing compassionate and effective representation in even the most challenging cases – including those involving traumatic brain injuries.

If you or a loved one has suffered a brain injury, you could be struggling with debilitating health complications, expensive medical needs, and uncertainty about the future. But if someone else is responsible for causing the injury, they can be held legally liable for its consequences – and we want to see that they are.

We have helped thousands of people like you recover hundreds of millions of dollars in fair compensation. We’re prepared to apply our considerable resources and experience to your case. Don’t hesitate to get in touch with us for clear and straightforward answers to all of your most pressing legal questions at a free case review.

From our clients

I would recommend Richard Isolde to my family and friends, and he was accommodating in handling our case. He was always available by text, phone calls, and email. Most significantly, he helped us get what we deserved. Richard Isolde is always there for his clients and does whatever he can to get the job done.

Richard Isolde worked very hard on my case, making the impossible possible.
He was able to get the full amount up to the policy limit and then get punitive damages in addition. I understand that is a rare accomplishment. I am grateful for that and I congratulate him. Your firm was recommended to me by a friend and I will pay it forward by recommending him as well as PRA.

I used Mr. (SQ) Lee for a personal injury matter and could not have been any more pleased with his services. He understood my injury and helped me every step of the way. He was courteous and kind and I always felt better after speaking with him. His assistant, Sherrill, was also wonderful and together they made a great team! I would absolutely recommend them, and the firm, to anyone.

What Traumatic Brain Injuries Are and What Causes Them

Traumatic brain injuries are among the most common and devastating injuries in the U.S. According to the Centers for Disease Control and Prevention (CDC), TBIs were responsible for more than 2.5 million emergency room visits, 288,000 hospitalizations, and 56,800 deaths in a single recent year.

A TBI can result from any sudden jolt, blow, or penetrating head injury that causes direct or indirect trauma to the brain. Even a relatively mild brain injury can have a significant and lasting impact on cognitive, physical, and social functioning. Many TBI patients experience changes in mood, personality, coordination, and mental capacity. More severe TBIs can result in permanent brain damage, memory loss, coma, or death.

Traumatic brain injuries can affect anyone, but certain demographics face a heightened risk. Research published in the National Library of Medicine suggests that men are significantly more likely to sustain TBIs than women. Men are also reportedly more likely to sustain severe TBIs. Older adults and minor children are also at heightened risk of TBIs, with those 65 or older most at-risk for TBIs resulting in hospitalization and death.

Some of the most common causes of brain injuries include:

Car accidents
Truck accidents
Motorcycle accidents
Bicycle accidents and pedestrian accidents
Slips, trips, and falls
Sports accidents
Construction site accidents
Workplace accidents
Domestic violence
Assault and gun violence

Signs and Symptoms of the “Silent Injury” of TBI

Some TBI cases are relatively easy to identify because of visible wounds to the head. However, many TBIs are difficult to diagnose because they are effectively invisible. These “silent injuries” still cause noticeable symptoms, which can vary from patient to patient and might not manifest themselves for weeks or even months after the underlying injury.

Some common signs and symptoms of relatively minor TBI include:

Brief loss of consciousness
Feeling dazed, disoriented, or confused
Headaches, light-headedness, or dizziness
Feelings of fatigue or lethargy
Blurred vision or tiredness behind the eyes
Feelings of nausea or vomiting
A persistent, unpleasant taste in the mouth
Changes in the ability to smell
Tinnitus or ringing in the ears
Unusual sensitivity to light or sound
Difficulties with memory, attention, or concentration
Difficulty thinking or making decisions
Changes in behavior, mood, or sleep habits
Unusual depression or anxiety

People who suffer moderate to severe TBI may experience more serious symptoms, such as:

Extended loss of consciousness
Chronic headaches that worsen with time
Persistent feelings of nausea or repeated vomiting
Convulsions or seizures
Difficulty or inability to wake up from sleep
Abnormally large pupils
Dysarthria or slurred speech
Weakness or numbness in the arms or legs
Loss of coordination or motor function
Unusual restlessness, confusion, or agitation

Our Victories

$750K

$750,000 Settlement – Wrongful Death in Nursing Home

A nursing home’s failure to administer essential medications led to preventable injuries and the untimely death of a young man. The case settled shortly before trial following extensive legal work and coordination with the family.

$500K

$500,000 Settlement – Fall on Residential Property Resulting in Infection

A prospective homebuyer suffered serious injuries and infection after falling on an ice-covered property that had not been properly maintained. The matter was litigated until a maximum-value settlement was achieved.

$975K

$975,000 Settlement – Spinal Surgery Medical Malpractice

An undiagnosed underlying health issue during spinal surgery resulted in permanent injuries that could have been prevented. After aggressive litigation, we secured a $975,000 settlement for the client and his family.

$305K

$305,000 Settlement – Firefighter Injured in Structural Collapse

A firefighter suffered a serious hand injury while forcing entry into a burning building during a search and rescue. The door was recessed in a non-code-compliant way, and the fire was caused by negligent hot tar work performed by the landlord. The case settled after expert testimony confirmed the long-term vocational impact of the injury.

$405K

$405,000 Settlement – Fall on Defective Staircase

A woman was injured when a wooden step collapsed beneath her as she was walking up to her mother’s apartment. She required arthroscopic surgeries to her right knee and shoulder, as well as spinal injections to manage pain. Our firm retained an engineer who confirmed the staircase was poorly maintained by the landlord. The case

$255K

$225,000 Settlement – Trip and Fall on Deteriorated Sidewalk

An elderly woman fell due to a hazardous sidewalk caused by improper drainage and erosion from nearby construction. She required a total knee replacement. The case was resolved for $225,000 without litigation.

$260K

$260,000 Settlement – Slip and Fall Leading to Spinal Neurotomy

A woman slipped on untreated ice outside a commercial building, sustaining spinal nerve damage. She later underwent a neurotomy procedure for chronic pain management. The case settled for $260,000 without going to trial.

$505K

$505,000 Settlement – Slip and Fall on Ice with Spine and Knee Surgeries

A delivery worker slipped on an icy stairway that had not been properly treated. He ultimately underwent lumbar fusion and knee surgery. A $505,000 settlement was reached before trial.

$510K

$510,000 Settlement – Rear-End Collision with Fatal Post-Surgical Complications

A wife and mother were rear-ended in a car accident and later died following complications from gallbladder surgery related to her injuries. We obtained a $510,000 settlement for her surviving family members.

$310K

$310,000 Settlement – Motorcycle Fatality on NJ Turnpike

We represented the estate of a young correctional officer who died in a motorcycle crash caused by furniture that had fallen onto the NJ Turnpike from another vehicle. His young child was the sole beneficiary. A pre-trial settlement of $310,000 was secured following investigation and expert analysis.

$200+ Million

Recovered for Clients

Personal Injury Practice Areas

Attorney Average Years in Practice

We do the work to prepare each case for trial, with the knowledge that our efforts are reflected in the outcomes we achieve.

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Brain Injuries by Severity Level and Type

The three basic severity levels of TBI include:

Mild TBI

People who sustain mild TBIs may lose consciousness for minutes or seconds, but many do not lose consciousness at all. Many people who’ve suffered a mild TBI simply appear disoriented or confused. Some mild brain injuries do not appear on standard medical scans or tests.

Moderate TBI

People who sustain moderate TBIs can lose consciousness for several minutes to several hours. Subsequent complications, such as confusion, behavioral changes, and physical limitations, can last weeks or months.

Severe TBI

Severe TBIs occur due to crushing or penetrating injuries to the skull and brain. These injuries are often life-threatening. Victims often suffer permanent changes in cognitive and physical ability.

The main types of TBI include:

Concussions

The majority of concussions are relatively mild TBIs. However, even a mild concussion can have significant long-term effects. Many concussions result from whip-like shaking motions or violent impacts to the head. Some concussions involve loss of consciousness, but not all do.

Contusions

Contusion is the medical term for a bruise, which is essentially a region of damaged tissue. When the soft tissue of the brain becomes bruised, it can bleed and swell within the skull as a result. In severe cases, contusion victims may require surgery to relieve pressure and avoid additional trauma.

Penetrating injuries

Unlike closed head injuries, which leave the skull intact, penetrating injuries happen when foreign objects or bone fragments pierce the skull and cause direct trauma to the brain. Penetrating head injuries commonly occur due to severe crushing injuries from traffic collisions or gunshot wounds.

Hypoxic and anoxic injuries

Hypoxic brain injuries and anoxic brain injuries occur when the brain receives insufficient oxygen or no oxygen at all. These injuries can occur due to blood clots, heart attacks, suffocation, or serious trauma. If left untreated, a prolonged lack of oxygen can result in permanent brain damage or even death.

Diffuse axonal injuries

A diffuse axonal injury (DAI) occurs when sharp acceleration, twisting or shaking causes trauma to nerve fibers called axons. These special fibers connect the two hemispheres of the brain. When axons become damaged or torn, the resulting DAI can cause disruptions in nerve signals or even cellular death.

Coup-contrecoup injuries

The French term “coup-contrecoup” roughly translates to “strike-counterstrike.” A coup-contrecoup TBI occurs when a violent blow causes the brain to sustain an injury from the initial impact on one side of the brain (coup) and then a second injury when the brain collides internally with the opposite wall of the skull (contrecoup). These injuries are especially serious because they result in trauma to both sides of the brain.

Lifelong Effects, Costs, and Treatments Associated with TBI

In some TBI cases, people have to deal with long-term effects and treatments, as well as associated costs.

Those can include:

The costs of inpatient and outpatient hospital visits
Visits to primary care doctors and specialists
Prescription medication and medical equipment costs
The costs of physical therapy and rehabilitative surgery
The costs of at-home healthcare and housekeeping services
Accessibility modifications for vehicles and homes
Lost income from missed time at work
Reduced income from diminished ability to perform work
Projected losses in long-term earning capacity
Projected costs of future medical treatment
The intangible costs of pain, suffering, and lost quality of life

Determining If You Have a Potential Brain Injury Claim

TBIs often require extensive and costly medical care to treat, sometimes for life. If you have sustained a TBI due to someone else’s negligence, you may be entitled to compensation, which you could recover by filing a brain injury claim.

You likely have grounds for a TBI claim if each of the following elements applies to your situation:

The other party had a responsibility to avoid harming you.

Different parties owe different duties of care to people around them. For instance, all drivers are responsible for obeying traffic laws and avoiding causing accidents.

The other party was negligent in some way.

Broadly speaking, negligence is the failure to act in a way that a reasonable person would act in a given situation. Common examples of negligence include property owners failing to keep their premises safe for visitors or motorists ignoring the rules of the road.

The other party’s negligence directly contributed to the TBI.

It’s not enough to show that the other party was negligent and that you suffered a TBI. You must demonstrate a causal link between the other party’s negligence and the traumatic brain injury you suffered.

You suffered real, measurable losses as a result of the TBI.

You must prove that the TBI resulted in real, quantifiable losses. That could include financial losses such as healthcare costs and lost wages, as well as less tangible losses like pain and suffering.

Who Could Be Liable for Brain Damage from an Accident?

Liability is an essential part of any personal injury claim. A party who is at fault for your injuries is also one who is legally liable to compensate you for your losses.

Determining liability is often easier said than done when it comes to brain injury cases. The largely invisible nature of brain injuries can make them difficult to identify and diagnose, let alone determine the root cause.

Some parties who may be liable in brain injury cases include:

Negligent road users who contribute to motor vehicle accidents
Employers or supervisors who fail to ensure employee safety
Property owners who neglect to keep their premises safe and secure
Pet owners who fail to keep dangerous animals confined or restrained
Nursing home owners and staff who engage in or permit negligent practices and/or the abuse of residents
Negligent manufacturers and retailers who design, assemble, or sell unsafe products

How Our New Jersey TBI Lawyers Pursue Maximum Compensation for Clients

Many TBI patients require extensive medical care and other costly types of support. As a result, TBI claims tend to seek correspondingly large amounts of compensation, and insurance companies typically do whatever they can to minimize how much they’ll have to pay. That’s where an experienced New Jersey TBI attorney can help by:

Explaining your legal rights and reviewing your options in an initial consultation
Calculating a reliable estimate for the value of your injury claim
Conducting an independent investigation into the cause of the brain injury
Uncovering valuable evidence to support your claim for compensation
Determining who can be held liable for your losses
Managing essential case documents and deadlines so you don’t have to
Communicating with insurance companies and other third parties on your behalf
Negotiating aggressively during settlement talks to maximize your payout
Representing you in court if you are forced to sue for fair compensation

New Jersey’s Statute of Limitations for Brain Injury Lawsuits

If you choose to file a personal injury lawsuit after a TBI, you should know how specific state laws could impact your case. For instance, under New Jersey’s statute of limitations, you have only two years to file a TBI lawsuit, with very limited exceptions.

This two-year window begins on the date when you sustained the TBI, learned of your TBI diagnosis, or reasonably should have been aware that you had grounds for a TBI lawsuit. If you wait too long to file a TBI lawsuit, the court will most likely dismiss your case, and you will lose your right to demand compensation for your losses. That’s why it’s so important to work with a knowledgeable attorney who can keep your case on track from day one.

How much does it cost to hire a personal injury lawyer?

At Pellettieri Rabstein & Altman, we do not charge you any fees upfront to start work on your personal injury case. We will review your case for free, with no obligation to you. If we believe you have a claim for compensation, we will do all the legal legwork with no out-of-pocket cost to you. When we recover compensation for you, our fee then comes as a percentage of that. If we don’t win, you don’t pay us. It’s that simple.

Our New Jersey TBI Lawyers Are Ready to Help You

At Pellettieri Rabstein & Altman, our New Jersey brain injury attorneys are prepared to do what it takes to seek fair compensation on your behalf. If you or someone you love is struggling with the aftermath of a TBI, contact us today for a free initial consultation.