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The recent settlement of the lawsuit filed by former NFL players for brain injuries incurred by the players is illustrative of the challenges faced by victims of traumatic brain injury (TBI). The lawsuit was filed on a class basis by players for the NFL who, after years of experiencing hits to the head, incurred brain diseases associated with TBI, including Alzheimer's and dementia. As litigation of the case progressed, however, the players began to realize that the settlement gave short shrift to the true costs of caring for and treating those with TBI-related diseases. Hundreds of participants in the class action lawsuit withdrew without taking a part of the ultimate settlement fund, so that they could file their own individual lawsuit with the hope that their recovery would more adequately cover their expenses. 

While TBI is common among those who play contact sports, its most common causes among average individuals are falls, blunt trauma from being hit by an object, and car accidents. The Centers for Disease Control estimate that about 2.5 million emergency department visits, hospitalizations, and deaths were associated with TBI in 2010. Concussions are a form of TBI, albeit a mild one. Symptoms of more serious TBI can range from an impairment in critical thinking, memory, judgment, concentration, and sensation, as well as depression, changes in personality, and losses of coordination and balance. People who have experienced a significant brain injury may require extensive rehabilitation therapy or in-home care while they recover, depending on the severity of the injury. For victims of car accidents or of others' negligence resulting in serious falls (such as from use of a defective ladder or work on an unsafe construction site), a lawsuit against the negligent party may be the only opportunity to fund the extensive treatment and care required. While some aspects of brain injuries can be difficult to prove in court, brain imaging has advanced to such a degree that an attorney skilled in TBI litigation will be able to use photographs of the damage in court to prove the effects of those injuries on the victim's brain.

If you or a loved one have experienced a traumatic brain injury and need help affording costly treatment, seek compassionate legal help so that you can be compensated for the losses you've suffered. Contact the experienced Morristown, New Jersey law firm of Smith & Doran for a consultation on your possible traumatic brain injury lawsuit, at 973-292-0016.

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Smith & Gaynor, LLC
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Morristown, NJ 07960

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