Concussions are common injuries in many different accidents, from car crashes to slip and falls. Concussions can have costly consequences for victims, who may be unable to work for weeks or months. If you recently sustained a concussion and have incurred damages, you need to know whether you can sue for compensation.
If another party was negligent and caused the accident that gave you a concussion, you can most likely file a personal injury lawsuit against them. There may be a serious injury threshold you need to meet to sue for a car accident, and we can see if your concussion or other traumatic brain injury qualifies. When you sue for a concussion after an accident, you can get compensation for all of your economic and non-economic damages.
Call the New Jersey personal injury lawyers of Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case discussion.
When Can You Sue for a Concussion After an Accident in New Jersey?
Concussions are often more serious and expensive than victims anticipate, prompting them to learn whether or not they can file a lawsuit.
If Another Party is Liable
You can most likely sue for a concussion caused by someone else’s negligent or reckless conduct. Another party is generally liable whenever their breach of the duty of care injures a victim. It’s important to note that New Jersey is a no-fault state for car accidents, so whether or not you can sue for a concussion may depend on whether or not it is serious enough.
If the Statute of Limitations is Still Running
You can sue for a concussion any time after an accident as long as the statute of limitations has not expired. New Jersey’s personal injury statute of limitations is 2 years. The 2-year countdown typically begins the day you sustain a concussion. However, it could be delayed if you didn’t discover your injury immediately, the defendant left the state after injuring you, or another tolling exception applies to your situation.
Once the statute of limitations expires, so does your chance to get compensation for a concussion or any other injuries.
What Damages Can You Get if You Sue for a Concussion in New Jersey?
Suing for a concussion can yield compensation for all your damages, both economic and non-economic. Our North Bergen, NJ personal injury lawyers can determine your claim’s value before filing, so you know the difference between a good and bad settlement offer in your case.
Medical Bills
When you sue for a concussion, you can get compensation for all of your medical expenses. Physicians use CT scans, MRIs, and other imaging tests, perform neurological exams, and use cognitive testing to gauge the severity of a concussion and diagnose an injury. All of these diagnostic efforts cost money, and a lawsuit should compensate you for such expenses.
Lost Wages
The most effective treatment for concussions is physical and cognitive rest, which typically prevents victims from returning to work as they recover. A lawsuit can compensate you for all of the wages you lost when you were unable to work.
Especially severe concussions can have long-lasting effects, preventing some victims from working and earning meaningful incomes for many months, possibly even years.
Pain and Suffering
You can also sue for the non-economic damages you have incurred because of a concussion. A concussion could temporarily affect your quality of life in several ways. The physical symptoms can be distressing and even depressing for victims, contributing to their pain and suffering.
Your non-economic damages from a concussion may be greater than you initially anticipated, and might even rival your economic damages in terms of impact.
FAQs About Suing for a Concussion After an Accident
What Are the Top Causes of Concussion Injuries?
Car accidents, truck accidents, slip and falls, and pedestrian accidents are some of the top causes of concussions and serious traumatic brain injuries.
How Long Do You Have to Sue for a Concussion in New Jersey?
Victims typically have 2 years from the date they sustain a concussion to file a personal injury lawsuit. Concussion symptoms aren’t always immediately obvious, and delayed discovery could affect your filing deadline.
Is it Worth it to Sue for a Concussion After an Accident?
It is worth it to sue for a concussion if you have incurred noticeable damages from going to the hospital, getting diagnosed, and receiving treatment, being unable to work during your recovery, or experiencing physical pain or mental suffering.
Do You Need an Attorney to Sue for a Concussion After an Accident?
Having an attorney by your side when you sue for a concussion can help ensure that your damages are accurately calculated, important evidence is preserved and gathered, and your case is filed before the statute of limitations expires.
Will Your Case Settle if You Sue for a Concussion in New Jersey?
Your case may settle if you sue for a concussion in New Jersey. Settlements can sometimes lead to faster recoveries, which many victims prefer. Settling is common but not required, and we may take your case to court to prove fault and maximize your financial recovery.
Can You Get Punitive Damages if You Sue for a Concussion in New Jersey?
Getting punitive damages for a concussion is only possible if the defendant exhibited wanton or willful disregard for your safety. You can also get punitive damages after sustaining a concussion or another injury due to actual malice in New Jersey.
What Medical Records Do You Need to Sue for a Concussion?
Our lawyers may use the following medical records when suing for a concussion on your behalf:
- MRI results
- CT scans
- Cognitive test results
- Neurological exam results
- Physicians’ notes
- Prescription medications to address concussion symptoms
Sue for a Concussion with Our Lawyers’ Help
For help with your case from our Paterson, NJ personal injury lawyers, you can call Agrapidis & Maroules, P.C. at (201) 777-1111.