Suffering a head injury in a car accident can be life-altering, affecting not just the person injured but also their loved ones. In New York, car accidents are a leading cause of traumatic brain injuries (TBIs), with thousands of residents facing the challenges of physical, emotional, and financial recovery every year. When someone sustains a head injury, the impact on daily life can be severe, requiring costly medical care, extended rehabilitation, and often, the inability to work for a time. Filing a personal injury claim in New York offers a way to seek compensation for these damages, helping victims cover medical expenses, lost wages, and the emotional toll of the accident.

In the article below, we will explore the types of head injuries commonly sustained in car accidents and outline the steps to take for securing compensation if you or a loved one has suffered a serious head injury in such an incident. Given the severity of these injuries and the complexities of the recovery process, consulting with a lawyer is strongly advised.

What Types of Traumatic Brain Injuries Occur in Car Accidents?

Traumatic brain injuries (TBIs) are among the most serious and complex injuries a person can sustain in a car accident, often leading to significant physical, cognitive, and emotional challenges. These injuries occur when a sudden impact, jolt, or violent movement disrupts normal brain function, potentially resulting in long-lasting or even permanent impairments. The effects of a TBI can vary widely, from temporary symptoms that resolve with treatment to severe, life-altering conditions that require extensive rehabilitation and ongoing care. Understanding the different types of TBIs that can arise after a car accident is important, as each type affects the brain differently and can impact a victim’s life in unique ways. This knowledge is not only essential for proper diagnosis and treatment but also plays a key role in determining the appropriate compensation for those affected by these life-changing injuries.

Here are the most common types of TBIs resulting from car accidents:

• Concussion: Often considered a mild TBI, concussions are caused by a sudden jolt or impact that disrupts brain function temporarily. Symptoms can include headaches, dizziness, confusion, and sensitivity to light or noise. Multiple concussions or severe cases can lead to more serious, lasting issues.
• Contusion: A brain contusion is essentially a bruise on the brain, usually resulting from a direct impact to the head. It involves bleeding and swelling within the brain tissue, which can be life-threatening if severe. Contusions often require monitoring and may necessitate surgery if they cause increased pressure on the brain.
• Diffuse Axonal Injury (DAI): Caused by the brain moving rapidly back and forth within the skull (often during high-speed accidents), a DAI damages brain cell structures and disrupts neural communication. This type of injury can lead to coma or severe, permanent impairments, as it affects multiple areas of the brain simultaneously.
• Coup-Contrecoup Injury: This injury occurs when the brain strikes one side of the skull upon impact, then rebounds to hit the opposite side. It leads to damage at both points of contact, causing extensive trauma. Symptoms may range from cognitive and sensory impairments to motor skill issues, depending on the areas affected.
• Penetrating Brain Injury: If an object pierces the skull and brain, it results in a penetrating injury. These are typically severe, as they damage specific brain areas and increase the risk of infection or bleeding. Immediate surgery is usually required, and recovery often involves intensive rehabilitation.
• Second Impact Syndrome: This rare but dangerous condition happens if a person sustains a second TBI before fully recovering from an initial one, often leading to rapid and fatal brain swelling. Even a seemingly minor second injury can cause catastrophic effects if the brain hasn’t healed.
• Hematoma: A hematoma is a collection of blood outside blood vessels within the brain.

Each TBI type varies in treatment and prognosis, making prompt medical evaluation essential after suffering any type of head injury in a NY car accident.

What Is the Process for Filing a Personal Injury Claim for a Head Injury After a Car Accident in New York?

Filing a personal injury claim for a head injury after a car accident in New York involves several critical steps, each designed to protect your rights and help you secure compensation. The process begins with seeking immediate medical attention. Even if you don’t experience symptoms right away, head injuries like concussions or traumatic brain injuries (TBIs) can sometimes have delayed effects. Your medical records will serve as vital evidence in your claim, showing the extent of your injury and the treatment needed.

Next, gathering evidence is vital. Document as much as possible from the scene of the accident, including photographs of the vehicles, your injuries, and any property damage. Obtain contact information from any witnesses and request a copy of the police report, which will detail the circumstances of the accident. This evidence, along with medical records, helps build a strong foundation for your claim and establishes a clear link between the accident and your head injury.

Once the evidence is collected, consult with a personal injury attorney. In New York, an experienced attorney can guide you through the legal requirements, handle negotiations with insurance companies, and represent your best interests if the case goes to court. Your attorney will help you file the claim, which includes submitting all relevant documentation to support your case. They will also help calculate the compensation you’re eligible for, covering medical expenses, lost wages, and pain and suffering. Following these steps ensures that your rights are protected and that you have the best chance of securing the financial support needed for recovery.

What Evidence Is Needed to Prove a Head Injury in a New York Car Accident Claim?

Proving a head injury in a New York car accident claim requires gathering strong evidence to demonstrate the cause, severity, and impact of the injury. Here are the key types of evidence typically needed to build a compelling claim:

1. Medical Records: Initial diagnosis, CT scans, X-rays, notes from specialists, treatment plans, etc.

2. Accident Scene Evidence: Photographs of the scene, police reports, and witness statements.

3. Testimonies from Medical Experts: Statements from doctors or specialists who treated the head injury or expert medical testimony on how the injury affects cognitive, physical, or emotional functioning and may impact daily life.

4. Employment Records: If the head injury affected your ability to work, providing employment records such as pay stubs or record of missed work days can help substantiate claims for lost wages and diminished earning potential.

5. Evidence of Pain and Suffering: Journals or personal statements documenting the physical pain, emotional challenges, and lifestyle impacts caused by the injury and testimonies from family members, friends, or mental health professionals who can speak to the changes in your behavior, mood, or quality of life.

6. Rehabilitation and Therapy Records: Details of physical, cognitive, or occupational therapy sessions and progress reports from therapists that show ongoing treatment needs and long-term recovery plans.

How Much Compensation Can I Get for a Head Injury from a Car Accident in New York?

The compensation for a head injury from a car accident in New York varies significantly, depending on the injury’s severity, impact on daily life, and financial losses incurred. Compensation typically includes coverage for medical expenses, such as emergency treatment, ongoing rehabilitation, and any required surgeries. Victims may also be compensated for lost wages, both current and future, if the injury affects their ability to work. Additionally, damages for pain and suffering, emotional distress, and loss of quality of life are often factored in, especially for severe injuries with lasting effects. Consulting with an experienced personal injury attorney can help you accurately evaluate the compensation you’re entitled to, ensuring all factors are considered.

What Is the Statute of Limitations for a Car Accident Head Injury Claim in New York?

In New York, the statute of limitations for filing a personal injury claim, including those related to head injuries from a car accident, is generally three years from the date of the accident. This means that you have up to three years to initiate a lawsuit seeking compensation for damages such as medical expenses, lost wages, pain and suffering, and other losses caused by the accident. Filing within this timeframe is essential, as missing the deadline usually results in losing the right to pursue legal action and recover compensation.

How Long Does It Take to Settle a Head Injury Claim from a Car Accident in New York?

The time it takes to settle a head injury claim from a car accident in New York can vary significantly, often ranging from several months to a few years. Many factors influence the duration, including the severity of the injury, the complexity of the case, and whether the insurance company agrees to a fair settlement or disputes the claim. Generally, straightforward cases with clear evidence of liability and well-documented injuries may settle more quickly, while complex cases or those involving disputed liability may take longer.

For severe head injuries, such as traumatic brain injuries (TBIs), it’s often best to wait until you’ve reached "maximum medical improvement" (MMI) before accepting a settlement. MMI is the point at which your condition has stabilized and further recovery is unlikely, which allows your medical team and attorney to better assess the full extent of your damages, including future medical needs and long-term impacts on your life. This approach helps ensure that you receive compensation that accurately reflects the total costs of your injury.

Negotiations with insurance companies can also affect the timeline. Insurers may offer low initial settlements, especially if they believe liability is unclear or if the injury’s severity is disputed. In some cases, going to court may be necessary to secure fair compensation, which can extend the process but may be worthwhile if it results in a more favorable outcome. Working with an experienced personal injury attorney can streamline the process, as they can handle negotiations, collect evidence, and represent you if litigation is required, ultimately helping you achieve a fair settlement as efficiently as possible.

Recovering from a Head Injury After a Car Accident? Brandon J. Broderick Can Help You Navigate the Personal Injury Claim Process

If you or a loved one has been injured in a car accident, you deserve more than just medical care—you deserve compassion, understanding, and support throughout your recovery journey. The team at Brandon J. Broderick, Attorney at Law, knows that the aftermath of a car accident is a painful and challenging time, with physical injuries, financial stress, and emotional trauma all taking a toll. Our team is here to guide you through the legal process, fight for your rights, and help ease the burden by pursuing the compensation you need to heal and move forward.

Call us today for a free consultation.