New Jersey Brain Injury Lawyers

After an accident, many people focus on visible injuries and overlook cognitive, emotional, or personality changes, especially if a CT Scan or MRI from the hospital returns as “normal.” Maybe you didn’t even go to the hospital and while you felt a little banged up after your accident, you were generally okay. But now the headaches won’t stop, you’re having difficulty concentrating, you’re exhausted, irritable, forgetful, sensitive to light and sound, or just not sleeping. Your loved ones keep saying you “seem different” and you start to agree as you feel off since your accident. The most frustrating part about this is that brain injuries do not always show on diagnostic imaging and may not be taken seriously, especially at first.

If you or a loved one were in an accident, whether it be a slip and fall, car accident, or any other event where you may have hit your head, and suffered a traumatic brain injury, you’re not alone. Traumatic brain injuries, also known as “TBIs” can range from mild concussions to life altering injuries that require long-term care and support. The CDC reported that in 2020 there were approximately 214,110 TBI related hospitalizations, and over 69,000 TBI-related deaths in 2021. These numbers show that TBIs are a major public health issue and are common nationwide.

At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we understand that TBI cases are not your typical personal injury claim. They require strong medical evidence, careful documentation of day-to-day changes, and a trial-ready strategy from day one. Our team prepares cases using a state-of-the-art in-house mock courtroom, mock jury presentations, and direct collaboration with two retired presiding judges, allowing us to test our case strategy before ever stepping foot in the courtroom.

What is a Traumatic Brain Injury (TBI)?

A Traumatic Brain Injury (TBI) occurs when an external force, like a blow to the head, sudden jolt, or violent shaking, disrupts normal brain function. TBIs are common after car accidents, truck crashes, slip-and-falls, or other serious incidents, and they can happen with or without loss of consciousness. TBIs can happen after many different kinds of injury accidents such as:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian and bicycle collisions
• Slip and fall/trip and fall
• Construction and worksite accidents
• Assault/negligent security incidents

TBIs are typically classified as mild, moderate, or severe, but don’t let the term “mild” fool you. Even so-called mild TBIs can lead to long-term symptoms, cognitive issues, and life-changing complications. In many motor vehicle cases, the brain is injured not by a direct hit, but by rapid acceleration/deceleration causing the brain to move within the skull. That’s why someone can suffer a concussion even if there’s no obvious head wound.

TBI Symptoms After an Accident

One of the most challenging aspects of a TBI is that symptoms don’t always appear right away. They can develop immediately after an accident, or hours, days, or even weeks later. If you’ve been in a car crash, slip-and-fall, or other serious accident in New Jersey, it’s critical to seek medical attention as soon as you notice any of the following warning signs:

Physical and Sensory Symptoms:

• Persistent headaches or migraines
• Dizziness, balance problems, or nausea
• Sensitivity to light or sound
• Blurred vision or visual strain
• Ringing in the ears (tinnitus)
• Sleep disruptions (insomnia or sleeping much more than usual)

Cognitive Symptoms:

• Brain fog, confusion, or slowed thinking
• Memory problems, especially short-term memory loss
• Difficulty concentrating or multitasking
• Trouble finding words or changes in communication
  

Emotional and Behavioral Symptoms:

• Irritability, mood swings, or anxiety
• Depression, emotional flatness, or personality changes
• Increased impulsivity or reduced frustration tolerance

Mental health challenges are common after moderate to severe TBIs, and treatment often involves a combination of medication and therapy under medical supervision.

Types of TBIs and Brain Trauma Seen after New Jersey Accidents

The type of brain injury you suffer often depends on the mechanism of the accident, whether it’s a car crash, truck collision, slip-and-fall, or another traumatic event. Common forms of brain trauma include:

• Concussion – A common TBI that causes disturbances in brain activity and often does not appear on imaging tests, yet can cause serious symptoms
• Contusions – Bruising of brain tissue which may lead to swelling and further complications
• Intracranial Bleeding/Hematomas – Bleeding inside the skull that requires immediate medical care
• Diffuse Axonal Injury (DAI) – Widespread tearing or stretching of nerve fibers
• Hypoxic/Anoxic Brain Injury – Caused by a lack of oxygen to the brain

Imaging Scans for TBIs

After an accident or injury that may have caused a TBI, doctors may order imaging and diagnostic tests to evaluate a TBI, especially if you report symptoms like headaches, dizziness, confusion, memory problems, vision changes, or mood shifts. Common imaging and diagnostic tools include:

• CT Scan – Often used in the emergency room and can help detect bleeding, swelling, and other brain trauma that may require immediate treatment.
• MRIs – Can provide more detailed imaging of brain tissue than a CT scan and may be used when symptoms persist or worsen.
• PET Scan – PET scans look at brain function and metabolic activity, not just structure. This imaging technique is more specialized and is helpful in investigating ongoing cognitive issues.
• DTI Scan – This is an advanced MRI that maps the brain's white matter showing your neural pathways and connections.

Depending on the kind of scan utilized, many concussions and other mild TBIs may not show up on standard imaging. This doesn’t mean symptoms are imagined or “just stress.” It means the injury may be functional or microscopic, in other words, very real but just harder to see on a scan. 

Most importantly, if you feel different after an accident, trust that signal and follow up with appropriate medical providers.

Traumatic Brain Injury Recovery

Every TBI is different. Some people recover relatively quickly. Others experience persistent symptoms that disrupt work, relationships, and independence. It is important to be consistent on your care and rehabilitation recommendations.

Rehabilitation is often a team effort across different medical provider specialties, such as:
Depending on symptoms, recovery may involve:

• Neurology and/or physical medicine & rehab
• Neuropsychological testing (to assess cognitive changes)
• Vestibular therapy (dizziness/balance)
• Vision therapy or neuro-optometry
• Occupational therapy (OT) and physical therapy (PT)
• Speech-language pathology for cognitive-communication issues
  

How Long Do You Have to File a TBI Lawsuit in New Jersey?

Timing is critical in all personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. However, if a public/government entity was involved, such as a New Jersey Transit bus, a municipal vehicle, or police vehicle, you may be required to file a Notice of Claim under the New Jersey Tort Claims Act within 90 days of the accident. Missing these deadlines can bar your claim, even in cases of serious or catastrophic injury. For injured children, certain time limits may be extended, but there are still important deadlines and notice requirements that must be evaluated immediately.

After an accident, it is crucial to speak with an attorney as soon as possible to:

• Confirm and protect all applicable deadlines
• Preserve physical and digital evidence
• Locate and secure video footage and witnesses
• Navigate complex insurance issues
• Protect your rights and seek justice
  

Who Pays Medical Bills and Compensation After a Brain Injury in New Jersey

After a serious head injury, one of the first worries families have is: who pays the medical bills and where does compensation come from? In New Jersey, the answer depends on how the accident happened (car crash, pedestrian hit, fall on public property, workplace incident, etc.) and what insurance policies apply. Below are common sources of coverage a New Jersey TBI attorney evaluates early in a case.

Personal Injury Protection (PIP) Medical Benefits

If you were injured in a motor vehicle accident, your PIP coverage may pay for medical treatment. PIP coverage is included in all standard New Jersey motor vehicle policies and pays for medical treatment related to auto accidents, regardless of fault. If you or someone in your household owns a vehicle with valid auto insurance, that policy may provide PIP benefits even if you were injured as a pedestrian. If you do not own a vehicle and no household policy applies, you may still be entitled to medical benefits through the at-fault driver’s policy under N.J.S.A. § 17:28-1.3 and other sources of funding.

Responsible/Negligent Party’s Insurance Coverage 

PIP is primarily about medical bills. We pursue claims against the party who is responsible for your injuries insurance company. Where appropriate, we also pursue claims against commercial employers or other responsible entities to maximize your financial recovery.

Uninsured/Underinsured (UM/UIM) Coverage

If you were injured in a motor vehicle accident and the driver who hits you is uninsured, carries insufficient coverage, or flees the scene, we can pursue a UM/UIM claim to access additional insurance benefits that you may not realize are available.

New Jersey Property-Liability Insurance Guaranty Association

The New Jersey Property-Liability Insurance Guaranty Association, otherwise known as NJ PLIGA, may provide coverage and other benefits in limited scenarios in the event there are no other applicable policies.

Public Entity Claims

If a public entity contributed to your injuries, either through negligent operation of a government vehicle, unsafe road design/maintenance, or by creating a dangerous condition, special rules and procedures apply. We evaluate potential claims against towns, cities, counties, the State, and public agencies to explore all possible avenues of recovery and ensure compliance with all required notice provisions.

New Jersey Traumatic Brain Injury Fund

In addition to insurance claims, New Jersey has a public resource called the Traumatic Brain Injury Fund, administered by the Division of Disability Services. The Fund is designed to help eligible New Jersey residents who have survived a TBI access brain injury-related services and support.

What Compensation is Recoverable in New Jersey TBI Cases?

New Jersey law allows injured parties to pursue multiple categories of compensation. Some of these categories include:

Economic Damages

These are the financial losses you’ve incurred or will incur, including:

• Past and future medical bills
• Rehabilitation, therapy, and assistive device costs
• Lost wages and loss of earning capacity

Non-Economic Damages

These compensate you for the human impact of your injuries, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring and disfigurement

It is important to understand that in New Jersey some auto policies and lawsuit thresholds may affect your ability to recover for your injuries. At Scura Law, we carefully analyze these coverage and threshold issues in every case and aggressively advocate to maximize all benefits and compensation available to you.

How TBI and Brain Injury Cases are Proven and Important Evidence

Insurance companies often challenge TBI claims, especially concussions and mild TBIs. A strong case typically includes:

• Medical records documenting early symptoms and follow-up care
• Neurology and neuropsychological evaluation (when appropriate)
• Symptom timeline (what changed, when, and how it affects daily life)
• Therapy records (vestibular, OT/PT, speech therapy)
• “Before-and-after” witnesses (family, coworkers, friends)
• Work and school records (missed time, accommodations, performance changes)
• Experts (life care planners, vocational experts, economists) when future needs and lost earning capacity are significant

Ultimately, proving a TBI case is about showing how the injury changed your life, even when a scan may look “normal.” The earlier symptoms are documented and the more consistent the records and witness support, the harder it is for an insurance company to minimize or deny what you’re experiencing.

Common Defense Tactics in New Jersey Traumatic Brain Injury Cases

It’s common for insurers and defendants to:

• Argue the symptoms are “stress,” anxiety, or unrelated
• Point to a normal CT/MRI and claim there’s no injury
• Blame pre-existing conditions (prior concussions, migraines, ADHD, depression)
• Suggest you “didn’t treat enough” or “waited too long”
• Dispute future care needs and disability

That’s why early documentation and consistent follow-up care can be so important, not just medically, but legally.

What to Do After An Accident if a Brain Injury is Possible

1. Get medical care immediately (ER/urgent care, then follow up).
2. Tell providers every symptom, even if it feels minor (sleep, mood, memory, dizziness).
3. Avoid minimizing the problem to insurers or adjusters.
4. Document daily impacts (short notes: headaches, missed work, mistakes, fatigue, irritability, driving issues).
5. Preserve evidence: photos, videos, names of witnesses, police report info.
6. Follow treatment recommendations and attend follow-up appointments.
7. Speak with an attorney early to protect deadlines and preserve proof.

Why and How An Experienced Lawyer Can Help

Brain injury cases demand meticulous preparation and a trial-ready strategy. At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we build cases with the expectation that they may need to be proven to a jury.

Our approach includes:

• A fully equipped in-house mock courtroom
• Mock jury focus groups and case theme testing
• Collaboration with two retired presiding judges to sharpen strategy, motions, evidentiary issues, and trial presentation
• The use of experts and demonstrative evidence to explain invisible injuries in a way that makes sense

If you or a loved one is struggling after a concussion or traumatic brain injury in New Jersey, we’re here to help you understand your options and pursue the compensation you need for treatment, stability, and long-term security. Contact Scura Law today for a free consultation with an experienced New Jersey traumatic brain injury attorney.