Traumatic
Brain
injury
Careful work on the cases that
change people's lives
When an injury affects your health, your work and your family, the details of the case matter. We investigate early, document the full cost of the injury, and handle the insurance companies so you can focus on getting better.
MILLIONS
Recovered for Our Clients
$0 Fees
Unless We Win the Case.
Traumatic Brain injury Lawyer
Fighting for Your Rights
A traumatic brain injury lawyer represents people whose brain was injured by a blow, jolt, or penetrating wound caused by someone else's negligence, often in a car or truck crash, a fall, or a workplace accident. Brain injury cases are difficult because the injury is often invisible, standard scans can appear normal, and symptoms such as memory problems or personality changes may be noticed first by family members. Onal Injury Law reviews traumatic brain injury cases from anywhere in the United States and builds them with the medical evidence these cases require.
Key facts at a glance
- About 69,000 people died from TBI-related causes in the United States in 2021, according to the CDC, and many more live with lasting effects.
- Falls and motor vehicle crashes are among the leading causes of traumatic brain injury.
- A concussion is a form of mild TBI, and "mild" describes the initial severity, not how long the symptoms last.
- CT and standard MRI scans are often normal after a mild TBI. Diagnosis usually relies on symptoms, neurological exams, and neuropsychological testing.
- Serious brain injury cases often need a life care plan to measure the cost of care over a lifetime.
What is a traumatic brain injury?
A traumatic brain injury is damage to the brain caused by an outside force. It can come from the head striking something, from something striking the head, or from rapid acceleration and deceleration that moves the brain inside the skull, as in a rear-end collision, even without a direct blow to the head.
Doctors often grade TBIs as mild, moderate, or severe based on factors such as the Glasgow Coma Scale score, loss of consciousness, and memory loss around the event. These grades describe the injury at the time it happened. Many people with a "mild" TBI have symptoms that last months or years, and some never fully return to how they were before.
What are the symptoms of a brain injury
after an accident?
Symptoms can appear right away or develop over days and weeks. Common symptoms include headaches that do not go away, dizziness and balance problems, trouble concentrating or remembering, slowed thinking, sensitivity to light and noise, sleep problems, irritability, anxiety, and depression, and changes in personality that family members notice.
Anyone with these symptoms after an accident should be evaluated by a doctor, even if they were told at the emergency room that they were fine. Telling providers about every symptom, and when it started, also creates the medical record that links the injury to the accident.
Why are brain injury claims
often disputed?
Insurance companies often challenge brain injury claims, especially mild ones. Common arguments are that the scans were normal, the person did not lose consciousness, the symptoms come from something else such as stress or a prior condition, or the person is exaggerating. Each of these can be answered with the right evidence, but the evidence has to be developed deliberately.
That evidence usually includes treatment by neurologists or brain injury specialists, neuropsychological testing that measures memory, attention, and processing speed, advanced imaging such as diffusion tensor imaging in some cases, and testimony from family, friends, and co-workers who can describe the changes they have seen. Before-and-after evidence, such as work performance reviews and school records, can also be persuasive.
How is the value of a brain injury
case measured?
For moderate and severe injuries, and for many mild injuries with lasting symptoms, the most important part of the case is the future. A life care planner works with treating physicians to identify the medical care, therapy, equipment, home modifications, and assistance the person will need. An economist then calculates the present cost of that care and the lost earning ability. Our article on using expert witnesses to calculate life care costs explains this process.
The claim also includes the effect of the injury on the person's daily life, relationships, and independence. For some families, the spouse or a parent becomes a caregiver, and many states allow a claim for that loss as well.
Does the type of accident
change the claim?
It can. A brain injury from a car crash in a no-fault state may need to meet that state's injury threshold, which a well-documented TBI often does. A brain injury at work usually involves workers' compensation plus a possible third-party claim. A brain injury caused by a medical error is a malpractice claim with its own filing rules. Identifying the right path early avoids missed deadlines.
What should you do if you suspect a
brain injury?
See a doctor and describe every symptom, including ones that seem minor or embarrassing. Follow the treatment plan and keep appointments. Keep a simple daily journal of symptoms, missed work, and things you can no longer do easily. Ask family members to write down the changes they have noticed. Avoid giving recorded statements to insurers, because memory problems can make it hard to give an accurate account early on.
Brain injury cases
in other states
We review traumatic brain injury cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. Our article on types of catastrophic injuries and their long-term impact covers related serious injuries, and if a brain injury caused a death, see our wrongful death lawyer page.
Brain injury questions
people ask us
Can I have a brain injury claim if my CT scan was normal?
Yes. CT scans are designed to find bleeding and fractures that need emergency treatment. Many concussions and mild TBIs do not show up on CT or standard MRI. Diagnosis is usually based on symptoms, exams, and neuropsychological testing.
I did not lose consciousness. Can it still be a brain injury?
Yes. Loss of consciousness is not required for a concussion or mild TBI. Feeling dazed, confused, or having gaps in memory around the accident can also be signs of a brain injury.
How long does a brain injury case take?
Brain injury cases often take longer than other injury cases because it can take months to know how much a person will recover. Settling too early can leave out future care. We generally wait until doctors can describe the long-term picture before valuing the case.
Can family members bring a claim too?
In many states, a spouse can bring a claim for loss of companionship and services, and some states allow claims for the care family members provide. These claims are usually brought together with the injured person's claim.
Can you help if the accident happened in another state?
Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.
Talk with Onal Injury Law
about your case
Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.
The first consultation is free and confidential, and we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything. Call (201) 335-6788 or request a free case review.
FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY
CASES
Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.
Let’s talk about your personal
injury case
Injured in an accident?
Our team is here to help you understand your options and your next steps.
Contact
WE’RE HERE WHEN YOU NEED US.
Free Consultation • Available 24/7
