If you have suffered a traumatic brain injury (TBI) due to someone else’s reckless behavior, a personal injury lawyer in Charleston can help you take legal action against the responsible party.
Each year, an estimated 1.5 million Americans experience traumatic brain injuries, many of whom require ongoing assistance with daily tasks. TBIs can develop into chronic brain conditions, having a lifelong impact on your life.
Our Charleston personal injury attorneys will thoroughly investigate your injury’s circumstances and present you with legal options. The experienced attorneys at the CEO Lawyer Personal Injury Law Firm offer a free consultation to advise you on maximizing your settlement.
How Our Charleston Traumatic Brain Injury Attorneys Support You
The damages from these cases are often quite significant. It is very important to recover the maximum compensation available to obtain the medical treatment you need. Compensation can also help manage other damages you suffered.
Hiring our licensed attorney often results in victims obtaining more compensation than they would otherwise. The experienced lawyers at the CEO Lawyer Personal Injury Law Firm have a proven track record of recovering compensation for numerous injury victims.
We manage the legal process on behalf of our clients so they can focus on their medical treatment. Steps we take on your behalf may include:
- Investigating the accident
- Consulting medical experts
- Evaluating the extent of your damages
- Negotiating for fair compensation
- Preparing for trial – as needed
Why Should You Choose Our Charleston Traumatic Brain Injury Law Firm?
Suppose you have suffered a traumatic brain injury due to the negligence, recklessness, or intentional act of another person in Charleston. In that case, you have the legal right to file an accident claim.
Whether you live in or were visiting Charleston at the time of your injury, the CEO Lawyer Personal Injury Law Firm is here to assist you.
We prioritize treating each client individually, not just another case or settlement. Consulting with a traumatic brain injury attorney following a head injury is an important step in ensuring you receive the compensation you deserve.
Contact the CEO Lawyer Personal Injury Law Firm to discuss your situation and see how we can help.
Signs and Symptoms of a Traumatic Brain Injury
Often, the signs and symptoms of a traumatic brain injury (TBI) can be subtle and may not appear until days or weeks following an injury. Common signs and symptoms to look for include:
- Persistent headaches or neck pain
- Difficulty concentrating, remembering, or making decisions
- Slowness in thinking, speaking, acting, or reading
- Getting easily lost or confused
- Constant fatigue, lack of energy, or motivation
- Unexplained mood changes, including feelings of sadness or anger
- Changes in sleep patterns, such as sleeping much more or less than usual
- Light-headedness, dizziness, loss of balance, or nausea
- Blurred vision or eyes that tire easily
- Loss of sense of smell or taste
- Ringing in the ears
If you experience any of these symptoms after a head injury, it is essential to seek medical attention quickly.
The Statute of Limitations Following a Charleston Brain Injury Accident
The statute of limitations is a law that sets the maximum time a person has to file a legal claim after an alleged offense. Individuals who do not file their cases within this period may be prevented from seeking legal action for their injuries.
In Charleston, the statute of limitations for filing an injury claim after an accident is three years from the accident date. However, there can be exceptions that may affect this time frame.
Therefore, contacting an experienced Charleston brain injury lawyer as soon as possible after your accident is important. The skilled attorneys at the CEO Lawyer Personal Injury Law Firm can quickly begin reviewing your case and determine how much time you have to file.
They can also ensure that all legal documents are correctly prepared and filed before the deadline.
Causes of Traumatic Brain Injuries
Traumatic Brain Injuries (TBI) can result from various accidents, many of which can have severe consequences. Some of the most common causes include:
- Car Accidents: The impact from a collision can cause your head to strike the steering wheel, dashboard, or other solid objects, leading to brain trauma. Even if there are no visible injuries, seeking medical attention after a car accident is essential to rule out hidden damage.
- Truck Accidents: Due to the large size and weight of trucks, accidents involving them can be particularly catastrophic, often resulting in permanent disabilities from brain trauma.
- Bicycle Accidents: Bicyclists are extremely vulnerable despite wearing a helmet and proper safety gear. A collision can still lead to a TBI, highlighting the importance of safety measures and awareness.
- Motorcycle Accidents: Motorcycle accidents can be severe, especially at higher speeds. If you sustain injuries in a motorcycle accident due to someone else’s negligence, it is essential to consult a personal injury lawyer for representation.
How Do You Prove Liability in a Brain Injury Case?
If you or a loved one has suffered a preventable brain injury, you may have grounds for legal action. In South Carolina, victims of preventable injuries have the right to seek justice and financial compensation from at-fault parties.
To hold these parties financially responsible for the damages they’ve caused, victims must prove that another person or entity caused their injuries.
In personal injury cases based on negligence, proving liability involves demonstrating the following elements:
- Duty of Care: Establish that the defendant owed a duty of care to the plaintiff. For example, drivers must operate their vehicles safely, and property owners must maintain safe premises.
- Breach of Duty: Show that the defendant breached this duty of care through their actions or inactions. This could involve a driver running a red light or a property owner failing to repair a known hazard.
- Causation: Link the breach of duty directly to the brain injury. This means proving that the injury would not have occurred without the defendant’s negligence.
- Damages: Provide evidence of the damages suffered because of the injury. This could include medical bills, lost wages, pain and suffering, and other losses.
In some cases, additional elements must be proven to establish liability. For example, in a claim against a product manufacturer, proving that a product was defectively designed, manufactured, or marketed may be necessary.
Proving liability requires gathering substantial evidence and constructing a persuasive case. This often involves a thorough investigation and collaboration with various experts, such as accident reconstructionists, industry professionals, and medical experts who can testify about the injury and its impact on your life.
What to Do Following a Traumatic Brain Injury Accident in Charleston?
Due to the nature of traumatic brain injuries, your actions following an accident may be limited. However, taking specific steps can help protect your health, safety, and legal rights. Here’s what you should do if possible:
Contact 911 Immediately:
After your Charleston brain injury accident, call 911 right away. This is the quickest way to alert the police and emergency medical personnel. The police can document the incident, which will be valuable if you pursue a legal claim.
Get Examined by a Doctor Right Away
Even if your injuries seem minor, seek medical attention immediately. Brain injuries can be difficult to diagnose initially, and symptoms may not immediately appear.
Delaying medical treatment can worsen your condition and negatively impact your legal claim. A doctor’s report will provide evidence of the connection between your injuries and the accident.
Gather Documents After the Accident
Collect as much evidence as possible to support your claim, including:
- The police report
- Proof of time missed from work and lost wages
- Medical bills related to your injury
- Other bills related to your injury
- Photos and videos of the accident scene
- Witness information
If your injuries prevent you from gathering evidence, a skilled Charleston brain injury lawyer can assist in collecting the necessary information.
Watch What You Say to the Insurance Company
Be cautious when speaking to insurance companies. They may attempt to use your statements to reduce your compensation.
Before speaking to insurers, wait to discuss your case with an experienced Charleston brain injury lawyer. Lawyers from the CEO Lawyer Personal Injury Law Firm can advise you on what to say and even handle these conversations on your behalf.
Complications of Traumatic Brain Injuries
Unfortunately, traumatic brain injuries (TBIs) are among the few types of injuries that may never fully heal. While rehabilitative care can help a patient regain certain skills, lifelong disability is a common outcome.
This can affect every aspect of a patient’s life and require significant adjustments from loved ones. Brain injury victims often face the following challenges:
- Inability to return to their previous job
- Need to take on less demanding work or leave the job market altogether
- Frequent medical care requirements
- Installation of home accessibility accommodations
- Daily assistance from a loved one or paid caregiver
- Difficulty completing daily tasks like driving, shopping, and maintaining their home
- Reliance on assistive devices to manage their disabilities
These outcomes are challenging enough without considering the financial costs. The amount needed to cover these essential services for the rest of a TBI patient’s lifespan can be overwhelming.
Working with a skilled lawyer to file an injury claim can provide an important lifeline for you and your family after a TBI.
What Elements Are Needed for a Brain Injury Lawsuit in Charleston?
If you or a someone you loved has suffered a traumatic brain injury (TBI) due to someone else’s actions, you might be entitled to compensation through an insurance claim or a personal injury lawsuit. To successfully claim, it is vital to prove that the injuries were caused by the negligent or intentional actions of the at-fault party.
Essential evidence for your claim could include police reports, photos of the accident scene, eyewitness accounts, surveillance footage, medical records, and expert testimony.
If the brain injury occurred while at work, you may qualify for workers’ compensation benefits, though this generally precludes suing your employer directly for the injury.
However, if a third party—not your employer or a co-worker—was responsible, you could file a third-party claim for compensation. Our experienced attorneys at the CEO Lawyer Personal Injury Law Firm are ready to assess your situation and guide you through determining the most effective course of action.
Contact Our Charleston Traumatic Brain Injury Attorneys for Help!
If you are ready to explore what the CEO Lawyer Personal Injury Law Firm can do for you, we offer a free and confidential consultation. Even if you’re unsure whether working with an attorney is the right step, our lawyers are here to ensure you fully understand your rights before making significant decisions.
We are honest and transparent, providing compassionate support for injury victims and their loved ones.
Our attorneys have witnessed firsthand the struggles of TBI victims and their families. We understand how challenging it can be to think about the future after such a tragedy.
However, you can find a way to move forward confidently with the right team.
Contact us today at (864) 664-3865 or schedule a complimentary initial consultation to learn how we can assist you. We’ll answer your questions and explain all of your legal options.
FAQs:
- What should I do immediately after a traumatic brain injury accident?
After a traumatic brain injury accident, seek medical attention immediately, even if you don’t feel injured. Document the accident details, gather contact information from witnesses, and take photos of the accident scene if possible. Contact our traumatic brain injury lawyer as soon as possible to discuss your legal options.
- How can your traumatic brain injury lawyer help me with my case?
Our traumatic brain injury lawyer can help you by investigating the accident, gathering evidence, consulting with medical experts, and negotiating with insurance companies. We will advocate to ensure you receive the compensation you deserve for medical bills, lost wages, and other damages.
- What evidence is needed to prove a traumatic brain injury claim?
To prove a traumatic brain injury claim, you will need evidence such as medical records, accident reports, witness statements, photographs of the accident scene, and expert testimony. Our lawyer will help gather and present this evidence to build a strong case on your behalf.
