How to Identify a Brain Injury After a Truck Accident

Accidents involving commercial trucks often result in serious injuries due to the sheer force these vehicles impart upon impact. One of the most severe is the traumatic brain injury (TBI). Recognizing the signs of a TBI early on is essential for seeking proper treatment and protecting your legal rights. If you or a loved one has been involved in a truck accident, here’s what you need to know about the signs and symptoms of TBI.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a type of severe injury that occurs when a blow or jolt to the head causes sudden trauma to the brain. A TBI can disrupt the normal function of the brain, leading to temporary or permanent impairments.

Examples of traumatic brain injuries include:

  • Concussions, also called mild traumatic brain injuries
  • Contusions, or bruising of the brain tissue
  • Diffuse axonal injury, in which lesions appear on white and gray matter
  • Penetrating injury, in which a foreign object pierces and damages the brain

Common Signs of Traumatic Brain Injuries

TBIs can manifest in various ways, and symptoms might appear immediately or develop over time. These symptoms can vary in severity and are not necessarily present in every case. Here are some key indicators to watch for:

  • Physical Symptoms: Persistent headaches, dizziness or balance problems, nausea or vomiting, fatigue, blurred vision, sensitivity to light, tinnitus (ringing in the ears), and seizures or convulsions.
  • Cognitive Symptoms: Confusion, disorientation, difficulty concentrating, memory problems, slowed thinking or processing, and trouble with problem-solving or decision-making.
  • Emotional and Behavioral Changes: Mood swings or irritability, depression, anxiety, agitation, changes in sleep patterns, insomnia, and loss of interest in usual activities.
  • Sensory Symptoms: Changes in smell or taste, sensitivity to sound or light, and blurred or double vision.

The Importance of Prompt Medical Attention

If you suspect you or a loved one suffered a TBI in a truck accident, it is important that you seek immediate medical care. Here’s why:

  • Early Diagnosis: The sooner a TBI is diagnosed, the sooner treatment can begin. Prompt care is crucial to improving prognosis and minimizing the injury’s long-term effects.
  • Prevention of Complications: Untreated TBIs can lead to serious complications, including intracranial swelling and permanent brain damage.
  • Documentation of Injuries: Proper medical documentation will be essential for any future legal claims related to the accident. The medical records of your treatment will link the injuries to the collision, making it hard for the trucking company or its insurer to question their connection. 

Preserving Your Right to Compensation

If someone else caused the truck accident that resulted in your TBI, you can hold that party financially responsible for the consequences. This can include compensation for medical expenses, lost wages, and long-term care needs. Here’s what you can do after a truck accident TBI to preserve your right to seek compensation in a personal injury claim:

  • Document Everything: Keep detailed records of all symptoms, medical treatments you receive, and how the injury affects your daily life.
  • Don’t Settle Quickly: Insurance companies might offer a quick settlement, but it’s crucial to understand the full extent of your injuries (and their potential long-term consequences) before signing anything.
  • Consult an Experienced Attorney: A knowledgeable personal injury lawyer can handle the complex legal process and fight for your rights while you focus on recovery.
  • Be Aware of Time Limits: New York law gives you three years to file most personal injury lawsuits, so prompt action is important.

Contact Our Syracuse & Central New York Truck Accident Attorney

Recognizing the signs of a TBI after a truck accident is essential for both your health and your legal rights. If you or a loved one has been involved in a Syracuse truck accident, don’t hesitate to contact CDH Law, PLLC, for help. Our compassionate team can support you every step of the way, from ensuring you receive proper medical care to fighting for the compensation you deserve.

Remember, your health and well-being come first. If you’re experiencing any symptoms of a TBI, seek medical attention immediately. Once your provider addresses your immediate health concerns, our experienced attorneys will be there to handle the legal aspects of your case and work toward securing the compensation you need. Contact us today.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

Can I Claim Compensation for a Brain Injury Caused at Work?

A brain injury at work can be life-altering, impacting your physical, emotional, and financial well-being. Understanding the means to pursue justice, evidence requirements, and potential compensation available can help you manage this challenging situation and secure the support and money you need.

Your Legal Rights

In New York, employees who sustain injuries at work have several legal options for seeking compensation. The primary avenues include:

  • Workers’ Compensation: Workers’ compensation is a no-fault insurance system that benefits covered employees injured on the job. This means you can receive compensation regardless of who was at fault for the injury. Benefits typically cover medical expenses, a portion of lost wages, and rehabilitation costs.
  • Personal Injury Lawsuits: In some cases, you may be able to file a personal injury lawsuit against a third party whose negligence contributed to your injury. This is common in situations where defective equipment, unsafe conditions, or actions of non-employees led to the accident.
  • Social Security Disability Insurance (SSDI): If your brain injury results in long-term or permanent disability, you may qualify for SSDI benefits. These federal benefits provide financial support to individuals with a qualifying work history who cannot work due to their disability.

Evidence Required for Your Claim

To successfully claim compensation for a brain injury, you must provide evidence supporting your case. That evidence can include:

  • Medical Documentation: Medical records are crucial. These should include initial diagnosis, treatment plans, ongoing care, and expert opinions on the long-term impact of the injury.
  • Accident Reports: Document the incident thoroughly. This includes filing an accident report with your employer that captures the specifics of the accident. 
  • Employment Records: Maintain records of your employment status, job duties, and any modifications to your work role due to the injury. This helps establish the impact of the injury on your ability to perform your job.
  • Expert Testimony: In some cases, expert witnesses, such as medical professionals and vocational experts, are needed to provide testimony on the extent of the injury and its impact on your life and work capabilities.

Potential Damages Available

The compensation you may receive for a brain injury sustained at work can cover various accident-related losses, including:

  • Medical Expenses: Current and future medical costs related to your injury, such as hospital bills, surgeries, medications, therapy, and rehabilitation.
  • Lost Wages: Workers’ compensation typically covers a portion of your lost wages during the recovery period. In personal injury cases, you may also claim compensation for lost future earning capacity if the injury impacts your ability to work long-term.
  • Pain and Suffering: Personal injury lawsuits can include compensation for subjective harm such as pain, suffering, emotional distress, and loss of enjoyment of life.
  • Rehabilitation and Therapy: Both workers’ comp and a third-party claim may cover costs for physical therapy, occupational therapy, and other rehabilitation services necessary for your recovery.
  • Permanent Disability: If the brain injury leads to permanent disability, you may be entitled to additional compensation for long-term care and adjustments needed for your daily living. Under workers’ compensation, if your injury prevents you from ever returning to work, disability payments continue for life.

Steps to Filing a Claim

Filing a claim can be complicated, but understanding the essential steps can help you effectively pursue the compensation and justice you deserve.

  • Consult an Attorney: An experienced personal injury attorney can thoroughly assess your case and advise you on the best legal strategy.
  • File a Workers’ Compensation Claim: Report the injury to your employer immediately and file a workers’ compensation claim. Adhere to all deadlines and provide complete documentation to support your claim.
  • Investigate Third-Party Liability: If a third party’s actions or wrongdoing contributed to your injury, your attorney can help investigate and potentially file a personal injury lawsuit against the responsible parties.
  • Gather Evidence: Collect all necessary documentation, including medical records, accident reports, witness statements, and expert testimony, to build a strong case.
  • Pursue Additional Benefits: If applicable, your attorney can assist you in applying for SSDI benefits and any other available support programs.

Contact Our Central New York Brain Injury Attorneys

Suffering a brain injury at work can be overwhelming, but understanding your rights and the compensation avenues available can provide much-needed relief. CDH Law PLLC attorneys have a proven history of securing compensation for personal injury victims in Syracuse, NY. Contact us for a consultation and take the first step towards reclaiming your life and future.

How Can You Prove Negligence Resulted in a Brain Injury?

A traumatic brain injury can have far-reaching and life-long effects on an individual. Rebuilding your life can be challenging, especially when worrying about how you will pay for your current and future medical expenses. When a careless individual is responsible for causing the accident that left you with a traumatic brain injury, what can you do to prove their negligence and recover the money you deserve?

At CDH Law PLLC, our personal injury attorneys commit themselves to helping traumatic brain injury accident victims explore their legal options for pursuing compensation for their injuries and financial losses. The first step in the process is determining and proving that negligence was the cause of your traumatic brain injury. 

What Is a Traumatic Brain Injury?

Traumatic brain injuries are wounds or injuries that damage the brain and affect how it functions. Medical professionals typically categorize TBIs as mild, moderate, or severe. Additionally, brain injuries are classified as follows: 

  • Closed Brain Injury— A closed brain injury occurs when a sudden blow or violent force to the head quickly propels the brain forward and backward. The acceleration and force of the jolt can cause bleeding, swelling, and significant tissue damage. 
  • Penetrating Brain Injuries – Penetrating brain injuries happen when a foreign object enters the brain. Gunshot wounds are one example of penetrating brain injuries, although motor vehicle accident shrapnel and other objects, including broken pieces of the skull, can also cause these injuries.   

How Do You Prove Negligence Caused Your Brain Injury? 

Proving that someone else’s careless actions caused your traumatic brain injury can be challenging. The strength of your case rests on the strength of the evidence. Evidence helps establish liability and can show how the accident was caused, who was responsible, and how their careless actions resulted in your injury and subsequent financial losses. 

Proving negligence in a traumatic brain injury claim requires establishing the four essential elements of negligence: 

  • Duty of Care – You must prove that the at-fault party owed you a duty of care. This means the individual had a responsibility to take reasonable care to avoid causing harm to another person. For example, all motorists on U.S. roadways have a duty to drive safely and responsibly to avoid causing accidents. 
  • Breach of Duty – Next, you must show that the at-fault party violated or breached their duty of care by acting carelessly, recklessly, or intentionally in a manner likely to cause an accident. 
  • Causation – You must also prove that because the at-fault individual violated their duty of care, their actions directly caused the accident and your traumatic brain injury. 
  • Actual Losses – You do not have a solid case unless you establish that the accident and your subsequent injuries resulted in verifiable financial losses, such as medical expenses and lost wages.

Gathering and preserving the evidence it takes to establish these four elements can be difficult when you are trying to cope with the aftermath of a traumatic brain injury diagnosis. It is always in your best interest to consult with an experienced personal injury attorney who can review your situation and collect the evidence needed to build a strong and compelling case for maximum compensation.

How a Central New York & Syracuse Personal Injury Attorney Can Help  

Were you injured in an accident caused by someone else’s negligent actions? Let an experienced New York personal injury attorney help you prove the other party’s negligence and seek meaningful brain injury compensation on your behalf.

A brain injury can permanently change your life, and you deserve compensation for your losses. Contact CDH Law PLLC today for a free consultation to discuss your legal options for recovering the money you need.

How to Recognize the Subtle Signs of a Traumatic Brain Injury

Traumatic brain injuries (TBIs) can deeply and lastingly impact a person’s life, making it essential to recognize their signs early for prompt diagnosis and treatment. Highlighting the subtle signs of traumatic brain injury is critical for New Yorkers to detect these often-overlooked symptoms and pursue necessary medical and legal support.

Recognizing Subtle Signs of a Traumatic Brain Injury

Be vigilant for these nuanced indicators of a traumatic brain injury:

Cognitive Changes: Difficulties with concentration, memory lapses, or struggles in processing information might occur. People with a TBI could find decision-making, problem-solving, and thought organization challenging, leading to a noticeable decline in cognitive performance that impacts everyday activities.

Mood Swings and Emotional Changes: Post-TBI, it’s common to see shifts in mood and emotion. This may include increased irritability, unpredictable mood fluctuations, heightened anxiety, or depression. The individual’s emotional responses may intensify or become erratic, complicating emotional regulation.

Sleep Disturbances: Altered sleep patterns often hint at a traumatic brain injury. Whether it’s insomnia, excessive sleeping, or altered sleep quality, these signs can be subtle yet significantly affect other TBI symptoms and recovery.

Sensory Sensitivity: A TBI may increase sensitivity to light, sound, or touch, making previously bearable stimuli overwhelming. This enhanced sensitivity can lead to headaches, fatigue, and difficulties managing daily tasks.

Headaches and Dizziness: Persistent or worsening headaches and feelings of dizziness, even weeks after an incident, can indicate a TBI. These symptoms, especially if prolonged or intensifying, suggest a more serious condition.

Balance and Coordination Issues: Trouble with balance and coordination might signify a TBI. Challenges in walking, standing, or executing fine motor tasks could be misattributed to other causes, potentially delaying a TBI diagnosis.

Speech and Communication Challenges: A TBI can impair speech and communication, evident through slurred speech, difficulty finding the right words, or articulation problems. Changes in how well an individual can express themselves might be noticeable to those close to them.

Increased Forgetfulness: Forgetting recent events, conversations, or details can be a marker of a traumatic brain injury. This struggle with new information retention or recall can be a significant indicator of a TBI.

Understanding and recognizing these subtle signs are crucial steps toward securing the right medical attention and support, facilitating a more effective recovery process.

Contact Our Syracuse Brain Injury Attorneys

Recognizing the subtle signs of a traumatic brain injury is crucial for early intervention and effective treatment. If the traumatic brain injury resulted from the negligence or wrongful actions of another party, consult with the dedicated personal injury team at CDH Law. With our experience, we can help you understand your rights, navigate the legal complexities, and pursue the compensation needed for medical expenses, rehabilitation, and other losses associated with the injury. Contact us today.