Head Injury From a Car Accident in New Jersey: Symptoms, Treatment and Your Claim

A head injury from a car accident can look minor at the scene and turn out to be serious days later. Headaches, fogginess, trouble sleeping or a short temper can all be signs of a concussion or other traumatic brain injury (TBI). Here is what to watch for, how a New Jersey head-injury claim works, and the steps that protect both your health and your case.

How car crashes cause head injuries

You don't have to hit your head to injure your brain. In a sudden stop, the brain can move inside the skull and strike its inner walls, then rebound. Common ways this happens in a crash:

• Striking the head on the steering wheel, side window, headrest or door frame.
• Whiplash-type motion in a rear-end collision, even at low speed.
• Airbag impact or flying objects inside the car.
• Being thrown from a motorcycle, bicycle or e-scooter, or hit as a pedestrian.

Types of head injury

• Concussion (mild TBI). The most common crash-related brain injury. "Mild" describes the initial symptoms, not how long they last. Some people have problems for months.
• Contusion. A bruise on the brain itself.
• Brain bleed (hematoma). Bleeding between the skull and brain or inside the brain. This can be life-threatening and may need surgery.
• Diffuse axonal injury. Stretching or tearing of the brain's nerve fibers, often from rotational forces. It may not show up on a standard CT scan.
• Skull fracture. A break in the bone, sometimes with injury to the brain beneath it.

Symptoms to watch for

The U.S. Centers for Disease Control and Prevention lists these as common concussion symptoms. Write down when each one starts; your doctors and your lawyer will both need that timeline.

• Headache, nausea, dizziness or balance problems
• Blurry vision or sensitivity to light and noise
• Feeling slowed down, foggy or groggy
• Trouble concentrating or remembering
• Irritability, anxiety, sadness or mood changes
• Sleeping much more or much less than usual

Go to the emergency room right away for danger signs such as a headache that keeps getting worse, repeated vomiting, slurred speech, weakness or numbness, a seizure, unusual drowsiness, or one pupil larger than the other.

Why a "normal" CT scan doesn't end the case

An emergency room CT scan is designed to find bleeding and fractures that need immediate treatment. It is not designed to find most concussions, and a normal result is common in people who go on to have lasting symptoms. Insurance companies often point to that normal scan anyway. Strong head-injury claims are usually built on:

• Records showing symptoms were reported soon after the crash
• Follow-up care with a neurologist or concussion specialist
• Neuropsychological testing, which measures memory, attention and processing speed
• Advanced imaging when a doctor orders it
• Statements from family, friends and co-workers who saw the changes in you

Paying for treatment: PIP comes first

New Jersey is a no-fault state. Your own Personal Injury Protection (PIP) coverage pays your medical bills after a crash regardless of who was at fault (N.J.S.A. 39:6A-4). PIP may also cover some lost income, depending on your policy. If you don't own a car, you may be covered under a household family member's policy. See our PIP guide for the details.

Suing for pain and suffering: the threshold

Most New Jersey drivers have the "limitation on lawsuit" option (often called the verbal threshold). With it, you can recover for pain and suffering only if your injury falls into one of the categories in N.J.S.A. 39:6A-8(a), such as a permanent injury (a body part or organ that has not healed to function normally and will not), significant disfigurement or scarring, or loss of a fetus. Your doctor must certify the permanent injury based on objective clinical evidence.

The New Jersey Supreme Court held in DiProspero v. Penn, 183 N.J. 477 (2005), that you do not also have to prove a "serious impact" on your life. A brain injury that leaves documented, lasting cognitive deficits can meet the threshold, but it has to be proven with medical evidence. Read more about the verbal threshold.

What a head-injury claim can include

• Pain, suffering and loss of enjoyment of life
• Lost wages and reduced future earning ability, beyond what PIP pays
• Future medical care, therapy and cognitive rehabilitation
• Help needed at home
• A spouse's claim for loss of companionship and services

How much a case is worth depends on the medical proof, how long the symptoms last, insurance limits and fault. See how pain and suffering is valued.

Fault and seat belts

New Jersey uses modified comparative negligence. You can recover if you were 50% or less at fault, and your award is reduced by your share (N.J.S.A. 2A:15-5.1). If you were not wearing a seat belt, the defense may argue that some of your injuries would have been avoided or less severe. Under Waterson v. General Motors Corp., 111 N.J. 238 (1988), that argument can reduce the damages tied to those injuries, but it does not excuse the driver who caused the crash. More on comparative negligence.

Deadlines

The general deadline to file a personal injury lawsuit in New Jersey is two years from the crash (N.J.S.A. 2A:14-2). For a child, the clock usually doesn't start until age 18, and New Jersey law also pauses it for a person who is mentally incapacitated (N.J.S.A. 2A:14-21). If a government vehicle or road defect is involved, a notice of claim is generally due within 90 days (N.J.S.A. 59:8-8). Don't count on an exception; see every NJ deadline.

What to do now

1. Get medical care and follow up with your primary doctor or a specialist.
2. Keep a daily symptom journal: headaches, sleep, memory lapses, mood.
3. Limit screens and strenuous activity if your doctor tells you to, and follow work and driving restrictions.
4. Don't give a recorded statement to the other driver's insurer. See what not to tell an insurance company.
5. Keep the crash report, photos and medical bills. Learn how to read the NJ crash report.
6. Talk to a lawyer before you sign anything.

Dennis Shlionsky represents people with concussions and brain injuries across New Jersey. Learn more on our brain injury and car accident pages, or call for a free consultation.