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Red Bank & Shrewsbury Lawyers / New Jersey Traumatic Brain Injury Lawyer

New Jersey Traumatic Brain Injury Lawyer

A brain injury can look like nothing at all in the first hours: a clear head, a walk to the car, a decision to skip the emergency room. The symptoms that change a life, trouble concentrating, memory gaps, mood shifts, headaches that do not quit, often surface days or weeks later, long after the insurance adjuster has taken a recorded statement. Sanvenero & Cittadino, LLC represents injured people in personal injury claims across Monmouth County, Ocean County, Middlesex County, and the rest of New Jersey, and a New Jersey traumatic brain injury lawyer has to plan for that delay from the first day.

Most claims of this kind are won or lost on documentation: who recorded what, when, and whether the injury was linked to the crash, fall, or blow with medical evidence rather than memory. A person with a brain injury is often the worst-positioned witness to their own case, since the injury itself can affect recall and judgment. That reality shapes how we build these cases, and it shapes the decisions you will face in the weeks after the injury.

Why a Brain Injury Claim Is Built Differently Than Other Injury Claims

With a broken bone, the proof is on an X-ray. With a mild or moderate brain injury, standard CT and MRI scans frequently come back normal, even when the person is plainly not the same. Defense insurers know this and lean on it, pointing to clean imaging and a quick return to the workplace as evidence that nothing serious happened. Answering that argument takes a record assembled over time: emergency room notes describing the mechanism of injury, neurological evaluations, neuropsychological testing that measures attention, processing speed, and memory, and statements from the people who see you day to day, such as a spouse, a supervisor, or a coworker who noticed the change.

The financial picture is also different. A brain injury can end a career or shrink it, so the value of a claim often depends on earning capacity over decades rather than a few months of missed paychecks. Future treatment, cognitive therapy, and the cost of help at home belong in the calculation too. Underestimating these items at the start is among the most expensive mistakes an injured person can make, because a settlement signed early closes the door on everything that surfaces later.

Fault matters as well. New Jersey applies comparative negligence, so you can recover only if your share of the blame is not greater than the other party’s, and any award is reduced by your percentage. Insurers use that rule aggressively in brain injury cases, suggesting the injured person was distracted, not wearing a helmet, or not watching their step. Establishing how the injury happened, with photographs, video, witness accounts, and records, protects against that tactic.

Why Choose Sanvenero & Cittadino, LLC for a Brain Injury Claim

Sanvenero & Cittadino, LLC is a full-service law firm serving individuals, families, and business owners throughout Monmouth, Ocean, and Middlesex Counties and across New Jersey. Our personal injury lawyers pursue compensation for medical bills, lost income, and pain and suffering, and we deal directly with insurance companies so clients can focus on recovery. The firm has recovered $400,000 for personal injury clients in just three months, a result that reflects how seriously we take building a claim quickly and carefully.

Joshua Cittadino, Founding Partner, brings experience in personal injury, construction litigation, real estate, employment matters, and business transactions. That range matters in brain injury cases, which so often come from construction site falls, commercial property hazards, and workplace incidents where several parties, contractors, property owners, and employers, may share responsibility. Richard Sanvenero, Managing Partner and a New Jersey Supreme Court Certified Matrimonial Attorney, leads the firm’s family law work, and that depth is useful when a serious injury strains a marriage, affects parenting, or raises questions about support. Mike Canarick, Of Counsel and a tax and estate planning attorney, helps families think about long-term planning when an injury leaves someone unable to manage their own affairs. Our attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers.

Clients tell us what they need most is straight talk. Our team communicates clearly, returns calls, and explains each step in plain terms, which matters when the person we are talking to may be dealing with fatigue, headaches, or trouble absorbing information. We repeat things, put them in writing, and include a trusted family member when a client wants that.

Common Ways Traumatic Brain Injuries Happen in New Jersey

  • Motor Vehicle Collisions: Rear-end and side-impact crashes on busy corridors such as Route 35, Route 36, Route 9, and the Garden State Parkway can whip the head without any direct blow. A person can suffer a concussion or worse with no visible head wound.
  • Motorcycle and Bicycle Accidents: Riders along the Jersey Shore face drivers who fail to see them, and even a helmeted rider can sustain a serious injury. Whether a helmet was worn will often be raised by the defense as a fault argument.
  • Pedestrian Strikes: Crosswalks in downtown areas and shore towns see heavy foot traffic, and a pedestrian who hits the pavement after being struck often suffers a head injury on impact with the ground.
  • Slip and Fall and Premises Liability: Wet floors, broken stairs, poor lighting, and icy parking lots cause falls onto hard surfaces. Property owners and managers may be responsible when a hazard was known or should have been found and fixed.
  • Construction Site Accidents: Falls from ladders and scaffolds, falling tools and materials, and struck-by incidents are leading causes of severe head trauma. These cases often involve a general contractor, subcontractors, and property owners, with workers’ compensation running alongside a third-party claim.
  • Truck Accidents: The mass of a commercial vehicle multiplies the forces on the body, and claims may involve the driver, the carrier, and others in the chain, with records that must be preserved early.
  • Wrongful Death: When a head injury proves fatal, surviving family members may bring a wrongful death claim, which carries its own deadline.

What to Do After a Head Injury Caused by Someone Else

Get evaluated, even if you feel mostly fine. A same-day or next-day visit to an emergency room or urgent care creates the first medical record linking your symptoms to the event, and it tells the doctors to watch for what develops. Tell the provider exactly how you were hurt and mention every symptom, including ones that seem minor such as light sensitivity, dizziness, nausea, or confusion. If the symptoms persist, follow up with your primary care physician and ask about a referral to a neurologist or a neuropsychologist. Keep a simple daily log of headaches, sleep problems, memory slips, and mood changes. Because injury can affect recall, a log written close to the events carries more weight than testimony given months later.

Report the incident to the proper authority: the police for a crash, the property owner or manager for a fall, the employer for a workplace incident. Photograph the scene, your injuries, and anything that contributed, and collect names and contact details for witnesses. Be careful with insurance companies. You are generally not required to give a recorded statement to the other side’s insurer, and doing so before you understand your injury invites trouble. Do not sign a medical release that sweeps in your whole history, and do not accept a quick settlement offer until your doctors can tell you what recovery looks like.

Deadlines are strict. Under New Jersey law, an action for injury to the person must be commenced within two years after the claim accrues. A wrongful death action must generally be filed within two years of the date of death. If a government entity may be responsible, such as a municipality with an unsafe roadway or a public building, a notice of claim must be served within 90 days, which is far shorter than most people expect. Property damage claims have a six-year window. Because brain injury symptoms can emerge slowly, waiting to see how you feel can quietly consume time you cannot get back.

Depending on where the case is filed, it may be heard in the Superior Court serving Monmouth County in Freehold, Ocean County in Toms River, or Middlesex County. A serious injury claim often resolves through negotiation or mediation, but it is prepared as though it will go to trial, since insurers value cases differently when they believe a lawyer is ready to try them.

Proving the Injury and Putting a Value on It

Liability and damages are separate fights. On liability, we gather the police report, scene photographs, video from nearby businesses or traffic cameras, vehicle data, maintenance and inspection records, and witness accounts. On damages, the medical story carries the case. Neuropsychological testing can document deficits in memory, attention, and executive function that imaging does not show. Treating physicians can explain the diagnosis and prognosis, and when a case warrants it, vocational and life care experts can speak to lost earning capacity and the long-term cost of care.

The categories of recovery typically include past and future medical expenses, lost income and diminished earning capacity, and pain and suffering, which in a brain injury case includes the loss of enjoyment of the activities that once defined a person’s life. Family members often see the change most clearly. A parent who can no longer follow a conversation or manage a work schedule is living a different life, and that belongs in the claim.

Insurance and benefits add layers. Health insurers and others who pay your bills may assert reimbursement rights against a settlement, and injured workers may have a workers’ compensation claim alongside a claim against a third party. Sorting out those interests before settling keeps you from being surprised by a lien that eats into what you receive.

Questions About Brain Injury Claims in New Jersey

How do I know if my injury is a traumatic brain injury and not just a bad headache?

Only a medical evaluation can say. Warning signs include persistent headaches, confusion, memory problems, dizziness, sensitivity to light or noise, nausea, unusual irritability, and trouble sleeping or concentrating. Any of these after a blow to the head or a violent jolt deserves prompt attention from a doctor.

Can I have a brain injury claim if my CT scan and MRI were normal?

Yes. Many concussions and mild traumatic brain injuries do not show on standard imaging. Neuropsychological testing, neurological examinations, and consistent records of symptoms can establish the injury even when scans look clear.

How long do I have to file a brain injury lawsuit in New Jersey?

Generally two years from when the claim accrues for injury to the person. Wrongful death actions also generally carry a two-year limit measured from the date of death. Claims involving a government entity require a notice of claim within 90 days, so those cases should be raised with a lawyer immediately.

What if I was partly at fault for the accident?

You can still recover as long as your share of fault is not greater than that of the party you are suing. Your award is reduced by your percentage of fault. Because insurers often try to inflate the injured person’s share, the evidence of how the event happened matters a great deal.

Should I talk to the other driver’s insurance company?

You can exchange basic information, but you are generally not obligated to give a recorded statement to the other side’s insurer. With a possible brain injury, it is wise to speak with a lawyer first, since early statements made while symptoms are still unfolding can be used to minimize your claim.

How much is a brain injury case worth?

There is no honest number without the medical and financial facts. Value depends on the severity and permanence of the injury, the cost of treatment now and in the future, the effect on your ability to work, and how clearly fault can be proven. Cases involving lasting cognitive deficits are valued very differently from a concussion that resolves in weeks.

Will my health insurance cover treatment while my claim is pending?

In many cases yes, and you should use it rather than delaying care. The insurer may later seek reimbursement from a settlement, which is one reason to work out the details with your lawyer before accepting any offer.

Can a family member bring a claim if I can no longer handle my own affairs?

If a brain injury leaves someone unable to make legal and financial decisions, a family member may need legal authority to act on their behalf. Planning documents such as powers of attorney are ideal if they were signed beforehand, and our estate planning attorneys can help families sort out what steps remain available.

Does a brain injury affect a divorce, custody, or support case?

It can. A serious injury may change a person’s income, their ability to work, and their capacity to handle parenting time, and each of those may support a request to modify support or parenting arrangements. Courts generally look for a substantial change in circumstances, and the medical records from the injury claim often become the proof.

Is it worth hiring a lawyer if I seem to be recovering?

Often yes, at least for a consultation. Brain injury symptoms can linger or return, and a quick settlement signed while you feel better can leave you with no remedy if problems surface later. A lawyer can help you decide whether to wait for a clearer medical picture before resolving the claim.

What happens if the injury occurred at a construction site?

Workers’ compensation will usually cover medical care and some wage replacement, but it generally does not pay for pain and suffering. If a party other than your employer, such as another contractor or a property owner, contributed to the accident, you may have a separate injury claim against them. Our construction litigation experience is useful here.

Serving Brain Injury Clients Across Monmouth, Ocean, and Middlesex Counties

We represent injured people throughout Monmouth County, including Shrewsbury, Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park. Those clients are often hurt on the highways and local roads that connect the shore towns to the rest of the state, in the shops and restaurants along their main streets, and on job sites where building never really stops.

We also serve clients in Ocean County, including Toms River, and throughout Middlesex County, and we take cases from across the State of New Jersey. Wherever the injury happened, our team can look at the evidence, talk with your doctors, and explain the realistic options for your claim.

Speak With a New Jersey Brain Injury Attorney

If you or someone in your family suffered a head injury because of another party’s carelessness, a conversation with a New Jersey brain injury attorney at Sanvenero & Cittadino, LLC can help you understand your deadlines, your evidence, and what to do before the insurance company makes the next move. Call us to schedule a consultation. We will listen, explain where your claim stands, and tell you plainly what we think comes next.