Traumatic brain injuries are known for being some of the most impactful types of injuries a person can sustain in an accident. If you are seriously injured, your entire life could be affected. Fortunately, recovering the compensation that is rightfully yours could give you access to the compensation you are going to need to rebuild your life.
When your injuries are debilitating, contact a reputable North Charleston personal injury lawyer at Shelly Leeke Law Firm with 10+ years of trial experience to explore your options for financial relief. When you call us for a free consultation, you can learn more about what is next for your insurance and civil claims. This way, you can plan ahead and start to prepare for what is to come.
Your North Charleston traumatic brain injury lawyer can help you hold the liable party accountable. Do not get stuck covering the costs of someone else’s negligence. You can bring them to justice and get the financial support you need when you need it most.
Types of Traumatic Brain Injuries in North Charleston
There are multiple types of traumatic brain injuries you could be diagnosed with after a severe accident. The type of injury you sustain will likely determine the severity of your injuries and the impact your injuries will have on your life both now and in the future. Some examples of traumatic brain injuries your traumatic brain injury lawyer in North Charleston may be able to sue for include:
- Diffuse axonal brain injuries
- Concussion
- Brain hemorrhage
- Stroke
- Second impact syndrome
- Penetrating brain injuries
- Contusions
- Abrasions
These are just a few of the different types of brain injuries you may be diagnosed with following a traumatic accident. You may have suffered a different kind of brain injury that we did not include above. Do not hesitate to contact our team to find out what legal options may be available.
Common Causes of Traumatic Brain Injuries in North Charleston
Figuring out the cause of your traumatic brain injury will be a top priority. Nearly any type of accident has the potential to cause serious brain damage. Our investigation into the cause of your accident will also reveal the identities of those responsible for your injuries.
In some cases, multiple parties could be at fault. This may make your case more complex. However, it also increases your chances of maximizing your financial compensation.
Most often, negligent drivers are found responsible. However, this may not be the case if defective parts or hazardous road conditions caused your accident. Anyone responsible for the safety and maintenance of the roadways or motor vehicle parts could be sued for damages in these cases.
Motor Vehicle Accidents
Motor vehicle accidents can include nearly any type of motorized vehicle. They are not exclusive to commercial trucks and cars. You could also be involved in a:
- Motorcycle accident
- Pedestrian accident
- Bicycle accident
- Taxi accident
- Bus accident
- Rideshare accident
- Boating accident
Premises Liabilities
Premises liability accidents happen on any property that you do not own or rent. Usually, property owners are responsible for these accidents. This is because they fail to maintain the safety of their premises and are ultimately responsible for the safety and well-being of their invited guests and patrons.
Our firm is prepared to take on nearly any type of premises liability case. We have extensive experience handling slips and falls. However, some of the other types of premises liability cases we handle include:
- Trampoline accidents
- Dog bites
- Hotel accidents
- Parking lot accidents
- Negligent security claims
- Swimming pool accidents and drownings
- Improper maintenance claims
Work-Related Accidents
South Carolina law requires employers with more than four employees to offer worker’s compensation benefits. This law can be found under South Carolina’s Worker’s Compensation Act. You may not be sure whether you are eligible for worker’s comp, but your attorney can help you understand your rights and fight back if the insurance company denies your claim.
Successful worker’s compensation claims allow injury victims to collect specific types of benefits. These include coverage of your medical bills, disability benefits, and in some cases, vocational rehabilitation benefits, while death benefits can also be paid to surviving family members. Some of the most common types of work accidents we handle include:
- Construction accidents
- Repetitive stress injuries
- Work-related car accidents
- Bulldozer accidents
- Injuries involving heavy machinery
- Exposure to toxic substances
Medical Malpractice and Nursing Home Abuse
You should be able to trust your healthcare providers whether you are receiving treatment at an emergency room or primary care office or have a loved one being cared for in a nursing home facility. Unfortunately, medical mistakes are more common than you might think. Fortunately, medical malpractice and nursing home abuse claims make it possible to hold the liable parties accountable.
Medical errors and abuse can come in multiple forms. Nursing home abuse can include physical abuse, neglect, financial abuse, emotional abuse, and even sexual abuse. Some examples of medical malpractice include:
- Surgical mistakes
- Misdiagnosis
- Anesthesia errors
- Birth injuries
- Failure to treat
- Medication errors
- Defective medical devices
- Failure to provide follow-up care
Defective Products
When products malfunction or are defective, you may have grounds for legal action against designers, distributors, manufacturers, and other involved parties. Nearly anyone involved in the chain of distribution could be sued. Some of the most common types of defective product claims involve:
- Toys
- Baby equipment
- Auto parts
- Medications
- Contaminated food
If you have been injured by another type of defective product, you may still have the right to compensation for your damages. A traumatic brain injury attorney in North Charleston can analyze the details of your case. We will explore your legal options in detail whether that may be filing a claim with the insurance company or filing a product liability lawsuit.
Seek Legal Help for Your Traumatic Brain Injury
These are just some of the most common causes of traumatic brain injuries in North Charleston. However, you may have been injured in another type of accident that we did not include here. Do not hesitate to contact our legal team to explore your options further and start fighting for the compensation you are owed.
When to Sue for a Traumatic Brain Injury
It may not always be clear whether you have the right to take legal action after suffering a traumatic brain injury. Your traumatic brain injury attorney in North Charleston will need to closely evaluate the circumstances of your case. This way, we can determine whether you meet the criteria necessary for a personal injury or insurance claim.
Generally, for a brain injury claim to be successful, you must have grounds for legal action. Your personal injury attorney must be able to show that another party’s negligence or misconduct, as described by Hofstra University, was the cause of your injuries. The elements of negligence in a traumatic brain injury or other type of personal injury claim include:
- Duty of care
- Breach of duty
- Causation
- Damages
How a Traumatic Brain Injury Lawyer in North Charleston Can Help
We will be tasked with gathering the evidence needed to prove the defendant’s negligence so you can be awarded the compensation that is rightfully yours. However, you must also have endured damages severe enough to impact your life. We must show that your injuries have significantly impacted your life for you to be awarded compensation for your damages.
How Traumatic Brain Injury Claims Work in North Charleston
Every person’s traumatic brain injury case is different. What works for one injury victim may not work for another. With that in mind, there are often multiple opportunities for victims of traumatic brain injuries to recover the compensation they are entitled to.
We will be tasked with figuring out which legal options are best suited for your case. In many instances, injury victims must file insurance and civil claims to recover their damages in full. Some of the advantages of filing an insurance claim include:
- The ability to avoid having to go to court.
- Access to the compensation you need in a timely manner.
Disadvantages
Unfortunately, filing an insurance claim alone often comes with many disadvantages as well. Although we can often overcome them, it is important to be aware and prepare accordingly. Some of the most common disadvantages include:
- The risk of being tricked into settling for less than you deserve.
- Having the insurance company misleading you about what types of coverage you have.
- Having to negotiate with profit-hungry insurance companies.
- Having to jump through hoops to prove the value of your damages.
- Being limited by the types and amounts of coverage purchased by the policyholder.
Although there are many advantages to obtaining an insurance settlement, these are often not enough to sufficiently meet traumatic brain injury victim’s needs. For this reason, you should always be ready to pursue compensation both in court and through the insurance company. That way, you can be sure you are fighting for the compensation you deserve.
Your TBI Lawsuit Must Be Filed Before Time Runs Out
Traumatic brain injury claims have deadlines. This is true for any personal injury case, but with brain injuries, time is of the essence. Your lawsuit needs to be filed before the personal injury statute of limitations deadline passes.
According to the South Carolina Code of Laws §15-3-530, you have just three years from the date of your injury to file suit. This deadline may seem cut and dry, but this is not always the case. TBI claims affecting children may be temporarily tolled until the child reaches 18 and can advocate for their right to maximum compensation.
The statute of limitations could also be paused if your injuries were not diagnosed until after the accident occurred. It is more common than you might think for TBIs to have delayed symptoms. Your North Charleston traumatic brain injury lawyer will ensure your lawsuit is filed before the statute of limitations has an adverse impact on the outcome of your case.
The Value of Your Claim for Compensation
Our traumatic brain injury lawyers take pride in advocating for our client’s needs. When you have suffered a traumatic brain injury, there is virtually no element of your life that will go unaffected. For this reason, it will be important that we consider every way your life is being affected by your injuries and the accident itself to calculate the value of your claim accurately.
Damages can take many forms. You are entitled to restitution for more than just your financial losses. Examples of the various economic and non-economic damages that could be recovered in a traumatic brain injury insurance claim or civil lawsuit, as described by the South Carolina Noneconomic Damage Awards Act of 2005, include:
- Chronic pain
- Physical suffering
- Hospital bills
- Ambulance bills
- Costs of physical therapy and rehabilitation
- Costs of around-the-clock healthcare
- Costs of home accommodations for medical reasons
- Co-pays and transportation fees
- Ongoing treatment and medical care related to your traumatic brain injuries
- Reduced quality of life
- Loss of consortium
- Skin scarring, dismemberment, and disfigurement
- Inconvenience, embarrassment, shame, and reputation or damages
- Personal property damages or vehicle repair costs
- Emotional distress and psychological trauma
- Loss of future potential earnings
Find Out What You Could Be Awarded
These are only a few of the different ways you could be compensated after a traumatic brain injury. Compensation will do little to change the trauma of the experience you went through or the lasting impact your injuries will leave on your life. However, it can help reduce financial burdens and aid in setting your future up for success.
North Charleston Traumatic Brain Injury FAQ
What Is a Contingency Agreement?
A contingency agreement, as described under South Carolina Judicial Branch Rule 1.5: Fees, is a way for injury victims to hire a lawyer without paying an hourly rate or putting down thousands of dollars in retainer fees. When you choose a traumatic brain injury lawyer from Shelly Leeke Law Firm to take on your case, you can rest easier knowing we are covering every cost. Then, when we win, a percentage of your settlement will go towards our fees.
The best news? If we do not win, you never pay a dime in legal fees. This makes it possible for virtually anyone who has been injured due to someone else’s negligence to get the legal support they need when they need it most.
The Insurance Company Made Me a Lump Sum Settlement Offer, Should I Accept It?
No, do not accept a settlement offer from the insurance company unless you have reviewed it with your traumatic brain injury attorney. Insurance companies will often make lump sum settlement offers to avoid paying compensation for your future medical expenses. If your condition worsens and you require additional medical attention or treatment, the insurance company will not be expected to cover these costs if you have accepted a lump sum payout.
When Can Punitive Damages Be Awarded in Traumatic Brain Injury Claims
Punitive damages may be possible if the defendant’s conduct is considered reprehensible or grossly negligent. Under South Carolina Code §15-32-530, punitive damages are not to be awarded in every personal injury case. In fact, unless the liable party intended to cause your traumatic brain injury, acted in malice, or engaged in gross negligence, punitive damages may not be appropriate in your case.
You can rely on your North Charleston catastrophic injury lawyer to review the specific details of your case and determine whether an exemplary damages award could be possible as part of your settlement. The North Charleston civil courts will generally only issue punitive damages if they believe it is necessary to impose further punishment on the at-fault party. Punitive damages could also apply if the court system hopes to deter similar acts of negligence in the future.
Meet with a North Charleston Traumatic Brain Injury Attorney Today
The impact your traumatic brain injuries can have on your life is undeniable. It is important to consider the future effects of your injuries as we calculate the value of your claim. Learn more about who could be held accountable for your damages and how much you could be awarded when you get in touch with an experienced North Charleston traumatic brain injury attorney at Shelly Leeke Law Firm.
The claims process can be overwhelming, but you do not have to go through it alone. Our personal injury team is here to help guide you through these trying times and start to rebuild your life. Are you ready to take back control of your life from the at-fault party?
Our firm is proud to offer complimentary case evaluations to victims of traumatic brain injuries across North Charleston and surrounding cities. Claim yours when you fill out our convenient contact form. Or, call our office today to get started.
