What is the difference between a traumatic brain injury and an acquired brain injury?

The difference between a traumatic brain injury (TBI) and an acquired brain injury is the cause of the injury. A traumatic brain injury is caused by an external force, such as a blow to the head, or a penetrating injury to the skull, leading to damage of brain tissue. An acquired brain injury is caused by an internal force, such as an illness, a stroke, a tumor, or medication, leading to a decrease in brain functioning. In New York State, traumatic brain injury can be caused by the negligence or recklessness of another person or entity. This can include, for example, a car accident, a fall, physical abuse, or any other personal injury accident. If it is found that someone else is responsible for the injury, the victim may be entitled to compensation. In contrast, in New York State, an acquired brain injury is usually caused by an illness or medical condition, so the victim may not be able to sue. However, an acquired brain injury may be a consequence of medical malpractice, failure to diagnose a medical condition, or negligence by a care provider, in which case, legal action may be possible. In both cases, victims of brain injury may be eligible for financial compensation for medical costs, pain and suffering, loss of wages, and other losses. They may also be able to obtain an order of protection and have their rights to pursue a claim against the responsible party enforced. As such, it is important for anyone who has suffered a brain injury, either traumatic or acquired, to consult with a qualified brain injury attorney as soon as possible.

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