Head injuries are among some of the most serious injuries a person can suffer from a car accident. While some head injuries are immediately visible, others are harder to detect and do not show symptoms for some time. Nevertheless, both open and closed head injuries can lead to lasting cognitive, physical, and emotional challenges. Understanding the differences between open and closed head injuries is not only important for your medical treatment but also for pursuing compensation after an accident. In this post, as your accident lawyer in New York, the team at Alex Yadgarov & Associates will take a closer look at the differences and explain your options for compensation.
What is an Open Head Injury?
An open head injury, also known as a penetrating head injury, is an injury where an object breaches the skull and pierces the brain. These types of injuries can be the result of gunshots, stabbings, and vehicle collisions when debris hits the head.
These injuries can be further classified as perforating and penetrating injuries. It is a perforating injury when there is both an entry and exit wound. It is a penetrating injury when the object enters and stays inside the head.
What is a Closed Head Injury?
A closed head injury is a type of traumatic brain injury (TBI) where the skull and dura mater (the outer membrane covering the brain) are violently agitated. In these injuries, the skull remains intact, but the brain can be severely damaged.
What Symptoms Should You Watch Out for After a Head Injury?
While there are significant differences between open and closed head injuries, they tend to share many of the same symptoms. They include:
- Headache
- Dizziness
- Fatigue
- Blurred vision
- Nausea
- Concussion
- Voting
- Loss of consciousnessÂ
How Can a Head Injury Affect Your Life?
Head injuries can significantly impact nearly every part of your life, especially when the injury can result in severe, long-term consequences. Some of the primary ways an injury can impact a person’s life include:
- Impact on cognitive function – The trauma caused by head injuries can significantly disrupt the brain’s processes. Some of the most significant cognitive impacts include shortened attention spans, loss of memory, executive dysfunction, and speech impediments.
- Emotional and behavioral changes – A head injury can profoundly change a person’s mood, personality, and social interactions. This can result in mood swings, shifts in behaviour, depression, and general anxiety.Â
- Extensive medical treatment – Due to the severity of these injuries, it will require a person to undergo extensive emergency care, tests, surgery, and constant monitoring.Â
- Financial burden – The changes that need to be made to treat or accommodate your head injury can cause a significant financial burden. This is especially the case when the head injury impacts your earning potential. Â Â
What Compensation Can You Recover for a Head Injury?
If you have been injured in a car accident caused by someone else’s negligence, then you may be entitled to compensation. In New York, there are multiple ways for you to recover compensation following an accident.
In New York, the first place people must look to recover compensation is their insurance policy. Under their Personal Injury Protection (PIP) coverage, also known as no-fault insurance, a victim can call on their own insurance to compensate their medical expenses, lost wages, and other related expenses.
This has to be carried out regardless of fault in the accident. Your standard PIP coverage has an upper limit of $50,000. However, this limit can be increased by purchasing supplementary coverages.
However, it is important to note that your PIP coverage does not compensate for non-economic losses such as pain and suffering. If you want to claim compensation for non-economic losses, then you need to file a personal injury lawsuit.
You can only file a personal injury lawsuit if you can prove that the basic economic losses exceed $50,000 or that you have suffered a ‘serious injury’, as defined in Section 5102 (d) of New York State Insurance Law. Both open and closed head injuries are often considered serious injuries. This lawsuit must be filed within three years of the date of the accident.
What Evidence Helps Support a Head Injury Compensation Claim?
Evidence is the foundation of your insurance claim or lawsuit. Here is some of the key evidence that can support your compensation claim:
- Medical evidence (CT scans, MRI, Doctor’s notes, Prescriptions, etc)
- Medical bills, pay stubs, and invoices.Â
- Police and DMV report of the accident
- Photographs (scene of the accident, damages, visible injuries)
- CCTV and dashcam footage
- Witness statements
- Expert witness testimonyÂ
- Personal diary (details of physical symptoms, emotional impact, and struggles in daily life)
Conclusion
Facing both open and closed injuries can have immediate and long-term consequences. If you’re looking to file claims for compensation and need legal assistance, Alex Yadgarov & Associates is here to help. As your car accident lawyer in NYC, we will help you fight the good fight and help you get the compensation you deserve. Contact us and schedule your free consultation today!