Hackensack Traumatic Brain Injury Lawyer

If a recent accident left you or a family member with a traumatic brain injury, the future may feel uncertain. A brain injury rewrites every aspect of life, from simple daily routines to the ability to earn a living. As you or a loved one deals with these new realities, you should know that New Jersey law provides a clear path to seek compensation for the harm caused by someone else’s negligence.

A claim for a traumatic brain injury (TBI) is different from other personal injury cases. The symptoms sometimes emerge slowly, and the true long-term costs are frequently misunderstood and minimized by insurance carriers. Our role as Hackensack traumatic brain injury lawyers is to take that responsibility off your shoulders and hold the right people accountable.

If you have questions about what happened and what to do next, we have answers. Contact Maggiano, DiGirolamo & Lizzi, P.C. for a no-cost, confidential discussion about your situation. Call us at (201) 585-9111.

Key Takeaways for a TBI Claim

1. The full impact of a TBI may not be immediately obvious. Symptoms like memory loss, mood changes, and chronic headaches can appear weeks or months later, so it’s important to have a full medical evaluation and not to accept a quick settlement offer.
2. New Jersey has a strict two-year deadline to file a lawsuit. Known as the statute of limitations, this two-year clock generally starts from the date of the accident, not the date your symptoms become clear.
3. Documenting a brain injury requires more than just medical bills. Proving how a TBI has changed your life involves expert testimony from neurologists, life care planners, and vocational specialists who can explain the injury’s true lifelong costs.

Why Choose Maggiano, DiGirolamo & Lizzi, P.C. for Your TBI Case?

At Maggiano, DiGirolamo & Lizzi, P.C., we have spent years handling serious personal injury claims, with a deep focus on traumatic brain injuries. Our attorneys bring a combined 90 years of trial experience, and our dedication has led to recovering more than $300 million for our clients.

A History of Results in Difficult Injury Cases

Our firm is known for our work in severe injury litigation. We have secured substantial, multi-million dollar recoveries for individuals facing life-altering injuries, including:

• $10 million for a government employee who sustained a severe brain injury in a car accident.
• $7 million for a young woman left with permanent cognitive and motor impairments after a crash.
• $6.2 million for a commercial truck driver who suffered a disabling brain injury.

Michael Maggiano and Christopher DiGirolamo were also key counsel in the landmark $101 million settlement for the victims of the Tropicana Casino Garage Collapse, one of the largest construction accident resolutions in United States history.

Attorneys Recognized for Their Dedication and Skill

Our team includes attorneys who are Certified Civil Trial Attorneys by the Supreme Court of New Jersey, a distinction held by a very small percentage of lawyers in the state.

• Michael Maggiano, our founder, has been featured in Best Lawyers in America since 2006 and is consistently named one of the Top 100 New Jersey Super Lawyers.
• Christopher DiGirolamo, our managing partner, is repeatedly recognized by Super Lawyers® for his work in automobile negligence and construction accident litigation.

Located to Serve You in Hackensack

Our office is located at Court Plaza South, 21 Main St., Suite 206, Hackensack, NJ 07601.

We are a short distance from the Bergen County Courthouse and Hackensack University Medical Center, which keeps us accessible when and where you need us most.

Our Promise to You

• A “No-Win, No-Fee” Guarantee: You will pay nothing unless we recover compensation for you. Your initial case review is always free.
• Direct and Personal Attention: When you call our firm, you will find a team that gives you personal attention and is responsive to your needs. We are ready to listen.

What Kind of Compensation Can Be Recovered for a TBI?

Economic Damages: The Tangible Financial Losses

These are the calculable costs tied to your injury. We work with financial planners and medical experts to accurately project these needs for the remainder of your life.

• Medical Care: This includes everything from the initial ambulance ride and emergency room bills to ongoing needs like physical therapy, cognitive rehabilitation, future surgeries, and prescription medications.
• Lost Income: This covers the wages you have already lost while being unable to work.
• Diminished Earning Capacity: If the TBI prevents you from returning to your old job or working at all, this compensates you for the income you will lose over your career.
• Home Modifications: This can include the costs for installing ramps, grab bars, widening doorways, or other accessibility features to make your home safe and functional.

Non-Economic Damages: The Human Impact on Your Life

These damages are meant to acknowledge the non-financial ways the injury has affected you. They are harder to assign a number to, but they are just as real.

• Pain and Suffering: For the physical pain and emotional distress caused by the injury and the grueling recovery process.
• Loss of Enjoyment of Life: For the inability to take part in hobbies, family activities, and the simple experiences that once brought you joy.
• Loss of Consortium: For the negative effect the injury has had on your relationship with your spouse.

How Does New Jersey’s “Comparative Fault” Rule Affect a Claim?

New Jersey follows a “modified comparative negligence” rule. It’s a legal concept that means your compensation could be reduced if you are found partially at fault for the accident.

As long as you are not found to be more than 50% responsible, you can still recover damages under the law (N.J.S.A. 2A:15-5.1). Insurance companies conduct thorough investigations to look for any evidence to argue you were at fault. Our job is to keep them accountable and ensure no amount of blame is unjustly put on you.

Proving the Invisible Injury: How We Document a TBI’s Full Impact

Brain injuries don’t always show up clearly on a standard X-ray or CT scan. The damage is frequently functional, affecting your memory, personality, and ability to process information. This is why insurance companies sometimes try to downplay these injuries since they are harder to see.

Our approach is to build a detailed, undeniable picture of how the injury has changed your life. We do this by working with a team of independent experts.

• Neurologists and Radiologists: These medical doctors specialize in the brain and nervous system. They can order advanced imaging like functional MRIs (fMRIs) or diffusion tensor imaging (DTI) that may reveal damage to the brain’s white matter tracts, which standard scans might miss. They provide the core medical diagnosis of the injury.
• Neuropsychologists: A neuropsychological expert is a clinical psychologist who specializes in how brain function affects behavior and cognition. They conduct a series of standardized tests to measure memory, attention, problem-solving skills, and emotional regulation. This testing produces objective data that quantifies the functional deficits, turning “I feel forgetful” into measurable proof of cognitive impairment.
• Vocational Experts: These specialists assess how your cognitive and physical limitations affect your ability to work. They analyze your job history, skills, and education against the limitations documented by medical experts. Their report can establish what work you are capable of now, if any, and calculate the wages you will lose over a lifetime.
• Life Care Planners: A life care planner is a certified professional, often a nurse or rehabilitation specialist, who creates a comprehensive projection of your future medical needs. They create a detailed report that outlines the costs of everything from future surgeries and physical therapy to in-home care, assistive technology, and medications for the rest of your life. This report becomes the foundation for calculating your future economic damages.

Calculating the True Cost of a TBI: Beyond the Initial Bills

One of the biggest mistakes in a TBI case is settling a claim based only on the medical bills you have today. A brain injury is a lifelong condition, and the compensation must reflect that reality.

How is a Diminished Earning Capacity Claim Proven?

If you can’t return to your previous job, we need to show how much income you will lose. A vocational expert first determines what kind of work, if any, you can perform with your new limitations. Then, an economist calculates the difference between your pre-accident career path and your post-accident options.

This calculation considers several factors:

• Your age, life expectancy, and planned retirement age.
• Your historical earnings and expected career progression.
• Inflation and cost-of-living increases over time.
• The value of lost benefits, like 401(k) contributions and health insurance.

Common Types of Traumatic Brain Injuries

• Concussion: Often called a “mild” TBI, a concussion can still have serious effects, including memory problems, confusion, and sensitivity to light.
• Contrecoup Injury: This happens when the brain strikes the opposite side of the skull from the point of impact, causing two areas of injury.
• Diffuse Axonal Injury (DAI): This is a shearing of the brain’s connecting nerve fibers that happens when the brain rapidly moves back and forth inside the skull, such as in a high-speed car crash.
• Penetrating Injury: This occurs when an object pierces the skull and enters the brain tissue.

What are the Most Frequent Causes of TBIs in Bergen County?

Any event that involves a sharp jolt or blow to the head may cause a TBI. We commonly see these injuries result from:

• Motor Vehicle Accidents: Car, truck, and motorcycle collisions are a primary cause of TBIs.
• Falls: Slip and fall or trip and fall accidents, particularly for older adults or on construction sites, frequently result in head injuries.
• Struck-By-Object Incidents: This is common in workplace settings or due to falling debris from buildings.
• Medical Negligence: A failure to diagnose a condition or an error during a medical procedure might lead to brain damage from oxygen deprivation.

What Can You Expect from the Insurance Company?

After an accident, you will likely be contacted by an insurance adjuster representing the at-fault party. It’s helpful to remember that insurance carriers are businesses, which means they have to balance paying valid claims with remaining profitable.

What Should You Look Out For?

• Requests for a Recorded Statement: An adjuster might ask you to provide a recorded statement about the accident. You are not obligated to do this. These statements may be used to find small inconsistencies in your story or admissions of fault.
• Early Settlement Offers: Some insurers may make a quick settlement offer. This seems helpful, but it often comes before the full extent of a brain injury is known. TBI symptoms might take weeks or months to develop, and accepting an early offer closes your claim permanently, even if your medical needs grow.
• A Long and Tedious Process: The claims process is filled with paperwork and methodical investigation. It is easy to get frustrated as medical bills pile up. Our firm manages this entire process and handles all communication with the insurer so you can focus on your health.

Frequently Asked Questions About Traumatic Brain Injury Claims

What if my TBI symptoms didn’t appear right away?

This is common with brain injuries. However, the two-year clock typically starts on the date of the accident, not when the symptoms become apparent. This is why seeking a medical evaluation and legal advice soon after any accident involving a blow to the head is a good idea, even if you feel fine initially.

Can I still file a claim if I wasn’t wearing a helmet during a motorcycle or bicycle accident?

Yes. While New Jersey law requires helmets for motorcyclists, not wearing one does not automatically prevent you from recovering compensation. The defense may argue that the lack of a helmet contributed to your injuries to reduce the amount they have to pay, but we are experienced in countering these arguments.

The accident happened at my job. Can I sue my employer?

In most cases, you cannot sue your employer directly. Workers’ compensation laws provide benefits for on-the-job injuries regardless of fault, and in return, employers are shielded from lawsuits. However, you might be able to file a third-party lawsuit against a negligent person or company that is not your employer, such as the manufacturer of faulty equipment or a subcontractor who created a dangerous condition.

How long does a TBI claim take to resolve?

The timeline for resolving a traumatic brain injury claim varies significantly depending on the complexity of the case, the extent of your injuries, and whether the case proceeds to trial. Some claims resolve through negotiation and settlement, while others may require litigation. We work diligently to move your case forward efficiently while ensuring a thorough assessment of your damages.

What if the accident was a hit-and-run?

If you were in a hit-and-run accident, you might still have options for compensation through your own uninsured motorist coverage. This coverage can help pay for your medical expenses and other damages if the at-fault driver cannot be identified. We can review your insurance policy and explain your rights in such a situation.

Do I have to go to court for my TBI claim?

Many traumatic brain injury claims are resolved through negotiations with insurance companies or alternative dispute resolution methods like mediation without the need for a full trial. However, we are prepared to take your case to court to advocate for the compensation you deserve if the insurer will not agree to a fair settlement. You decide whether to go to court or not.

Take the First Step to Secure Your Future

The fear of what comes next after a brain injury is real: the fear of mounting bills, of an uncertain future, of not being able to provide for your family. Thinking about a legal claim on top of everything else can feel like too much.

Let us handle the legal work so you can concentrate on your health. A conversation with our team costs you nothing and comes with no obligation. It is simply a way for you to get clear answers and understand your options.

Call Maggiano, DiGirolamo & Lizzi, P.C. today for a free and confidential case review at (201) 585-9111.