Traumatic brain injuries (TBIs) can happen in an instant, but their effects can last for months, years, or even a lifetime. In New York City, pedestrians, cyclists, drivers, construction workers, and other people face a variety of accident risks that can result in a blow or jolt to the head.
A traumatic brain injury does not always involve a visible wound. Some people may initially appear fine after an accident while experiencing symptoms that become more noticeable later.
Understanding how traumatic brain injuries happen, what symptoms to watch for, and when another party may be legally responsible can help injured New Yorkers take appropriate steps after an accident.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when an external force causes damage to the brain. The injury can range from mild to severe.
A concussion is one example of a traumatic brain injury. More serious TBIs can involve bleeding in or around the brain, swelling, loss of consciousness, cognitive impairment, or permanent neurological damage.
TBIs can affect many aspects of a person’s life, including memory, concentration, communication, physical abilities, emotional well-being, and the ability to work.
What Are the Most Common Causes of TBIs in NYC?
Traumatic brain injuries can result from many different types of accidents. Some of the most common causes in New York City include:
- Motor vehicle accidents
- Pedestrian accidents
- Bicycle and e-bike accidents
- Construction accidents
- Slip-and-fall accidents
- Falls from heights
- Accidents involving falling objects
- Recreational and sports-related accidents
- Workplace accidents
The circumstances surrounding the accident can determine whether another person, business, property owner, employer, or other entity may be legally responsible.
Can a Car Accident Cause a Traumatic Brain Injury?
Motor vehicle crashes are a common cause of traumatic brain injuries. A person’s head can strike the steering wheel, dashboard, window, headrest, or another part of the vehicle during a collision.
Even when the head does not directly strike an object, the force of a crash can cause the brain to move rapidly inside the skull, potentially resulting in a concussion or other traumatic brain injury.
TBIs may occur in:
- Rear-end collisions
- Head-on collisions
- Side-impact crashes
- Intersection accidents
- Rollover accidents
- Vehicle crashes involving pedestrians or cyclists
A person’s symptoms and injuries can vary significantly depending on the circumstances of the collision.
Can a Pedestrian Accident Cause a Brain Injury?
Pedestrians have little protection when struck by a motor vehicle. A collision can cause a pedestrian to be thrown onto a vehicle or the roadway, creating a significant risk of head trauma.
Pedestrian accidents can result in concussions, skull fractures, brain bleeding, and other serious injuries.
Drivers may potentially be held responsible when negligent conduct, such as speeding, distracted driving, or failing to yield, causes a pedestrian collision.
Can Slip-and-Fall Accidents Cause TBIs?
Yes. A slip-and-fall or trip-and-fall accident can cause a person to strike their head against a floor, wall, staircase, curb, or other hard surface.
In some cases, a person may not immediately realize that they have suffered a brain injury. Symptoms can develop or become more apparent over time.
If a fall was caused by a dangerous condition on someone else’s property, questions of premises liability may arise. For example, a property owner or other responsible party may potentially be liable if a hazardous condition was negligently created, maintained, or left unaddressed.
Can Construction Accidents Cause Traumatic Brain Injuries?
Construction sites can expose workers and other individuals to a variety of hazards capable of causing serious head injuries.
Potential causes include:
- Falls from scaffolds or elevated surfaces
- Falling tools or construction materials
- Being struck by equipment
- Collisions involving construction vehicles
- Structural collapses
- Explosions or other construction-related incidents
New York construction workers may have protections under state labor laws depending on the circumstances of an accident. Determining what legal protections apply can require a detailed review of the accident, the worker’s duties, the property involved, and the parties responsible for the construction site.
What Are the Symptoms of a Traumatic Brain Injury?
TBI symptoms can vary depending on the severity and location of the injury.
Possible symptoms include:
- Headaches
- Dizziness
- Nausea
- Blurred vision
- Sensitivity to light or noise
- Memory problems
- Difficulty concentrating
- Confusion
- Fatigue
- Problems with balance
- Changes in mood or behavior
- Difficulty sleeping
- Loss of consciousness
Some symptoms may be subtle, particularly after a mild traumatic brain injury.
Anyone who experiences possible signs of a brain injury after an accident should seek appropriate medical attention.
Can a TBI Be Diagnosed Immediately After an Accident?
Not always. Some traumatic brain injuries may be difficult to identify immediately after an accident.
A person may feel relatively normal shortly after a collision or fall and develop symptoms later. Medical professionals may use a combination of physical examinations, neurological assessments, medical history, and imaging studies when appropriate to evaluate a suspected brain injury.
Because TBIs can have serious consequences, it is important not to dismiss symptoms following an accident.
What Are the Long-Term Effects of a Traumatic Brain Injury?
The long-term effects of a TBI depend on factors including the severity of the injury and the part of the brain affected.
Some people may experience ongoing:
- Cognitive difficulties
- Memory problems
- Chronic headaches
- Balance problems
- Speech or communication difficulties
- Emotional or behavioral changes
- Reduced ability to work
- Need for ongoing rehabilitation or care
For serious injuries, the financial consequences can also be substantial. Medical treatment, rehabilitation, lost income, and future care may all become relevant when evaluating a personal injury claim.
Can You Sue for a Traumatic Brain Injury in New York?
Potentially. If another party’s negligence caused or contributed to a traumatic brain injury, an injured person may have grounds for a personal injury claim.
Depending on the circumstances, a potentially responsible party could include:
- A negligent driver
- A property owner
- A business
- An employer
- A construction company
- A manufacturer
- Another individual or entity
The injured person generally must establish the legal elements of the claim, including the connection between the other party’s conduct and the injury.
What Compensation Is Available for a TBI?
The compensation available in a traumatic brain injury case depends on the circumstances and extent of the injury.
Potential damages may include compensation for:
- Medical expenses
- Rehabilitation
- Future medical care
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Other financial losses associated with the injury
For a significant TBI, determining future losses can require medical and vocational evidence, as well as other expert testimony.
How Can a NYC Personal Injury Attorney Help With a TBI Claim?
Traumatic brain injury cases can be particularly challenging because the full impact of an injury may not be immediately apparent.
An attorney can investigate how the accident occurred, gather evidence, identify potentially responsible parties, and work with medical and other appropriate experts to understand the extent of the injury and its potential long-term effects.
If you or someone you love suffered a traumatic brain injury in a New York City accident, obtaining appropriate medical care and understanding your legal options can be important steps toward protecting your future.