You can suffer a traumatic brain injury (TBI) in St. Andrews, SC, due to no fault of your own. In this instance, you can hold any at-fault parties accountable. To do so, it pays to partner with a South Andrews personal injury lawyer.
At the Shelly Leeke Law Firm, we want you to get compensation if you suffer an injury to the brain as a result of someone else’s negligence. Our St. Andrews traumatic brain injury lawyer can help you file your personal injury claim. To get started, please reach out to us.
Why Traumatic Brain Injuries Happen
Traumatic brain injuries represent a top cause of disability and death in the United States, according to the U.S. Centers for Disease Control and Prevention (CDC). They affect people of all ages. TBIs happen for many reasons, such as:
A negligent motorist can crash their car into another vehicle or pedestrian. In either of these scenarios, the motorist can cause the crash victim to suffer a TBI. The victim can file a car accident lawsuit to request compensation for losses they incur due to their injury.
It is a trucker’s responsibility to drive safely. If a trucker chooses to ignore the rules of the road, they can cause an accident. Any motorist or pedestrian involved in this truck accident can suffer a TBI or other serious injuries.
A worker may be doing their job but slip, trip, and fall at a work site due to their employer’s negligence. The worker can hit their head and suffer a TBI. In this situation, the employer may be responsible for the worker’s losses relating to the accident and injury.
The Shelly Leeke Law Firm has represented clients in TBI cases involving injuries that occur for the aforementioned reasons and many others. Regardless of why your injury to the brain happens, our St. Andrews traumatic brain injury attorney advocates for you and represents your best interests. To find out more, please get in touch with us.
How Much Time You Have to File a TBI Personal Injury Claim
South Carolina has a three-year statute of limitations for claims in which someone wants compensation relating to a personal injury. Based on this statute, you have up to three years from the date you suffer an injury to pursue compensation. If you wait beyond three years, you no longer have the right to sue.
A traumatic brain injury lawyer in St. Andrews is familiar with South Carolina’s statute of limitations. They will make sure that your claim is submitted before it becomes too late to do so. Your lawyer will build an argument designed to compel a judge or jury to award you the most damages possible.
Of course, even if you file a TBI personal injury claim, there is no guarantee that you will get compensation. You and your attorney will need to gather evidence and prepare an argument that resonates with a judge or jury. Fortunately, an experienced traumatic brain injury attorney in St. Andrews will do everything in their power to help you get your desired case results.
How Much Money You Can Receive in a Brain Injury Lawsuit
In most brain injury lawsuits in South Carolina, there is no cap on the amount of economic and non-economic compensation that you can receive. You can request economic damages based on your medical bills and other quantifiable losses. At the same time, you can ask for non-economic compensation for your pain, suffering, and other subjective losses.
Your lawyer can discuss the average settlement in a car accident case and other types of personal injury lawsuits with you. An injury to the brain can affect you long into the future. Thus, your lawyer may encourage you to request tens or hundreds of thousands of dollars in compensation.
No matter how much money you ask for in your injury lawsuit, you must show that the defendant is responsible for your injury. Your lawyer will work diligently to show a judge or jury that the defendant is fully liable for your injury and you deserve 100% of the damages that you request. If your attorney succeeds, a judge or jury is likely to agree with your request for compensation and rule in your favor.
Why You May Be Held Partially Responsible for Your Brain Injury
South Carolina has negligence laws in place that apply to personal injury lawsuits. For example, both you and the defendant in your brain injury case can be held partly responsible for your injury. If you are found to be primarily at fault for your injury, you cannot get damages from the defendant.
Modified comparative negligence applies to personal injury claims in South Carolina. It enables you to receive compensation from anyone who caused you harm only if they are primarily responsible for it. If the defendant in your TBI lawsuit is found to be mainly to blame, the amount of damages that you are awarded can be reduced accordingly.
For instance, you can request $100,000 in a traumatic brain injury lawsuit. A judge or jury may find you to be 20% at fault. At this point, you will receive $80,000 in damages.
How to Choose a St. Andrews Traumatic Brain Injury Lawyer
Look for a lawyer who understands the challenges that can come up in a TBI lawsuit. This attorney should have plenty of experience in brain injury lawsuits. They can share their legal knowledge and insights with you and work with you to prepare a compelling argument.
As you search for an attorney, consider how they treat their clients. Ideally, your lawyer will be able to provide you with a wide range of legal resources. They will communicate and collaborate with you at each stage of your litigation.
Do not rush through the process of hiring an attorney. Account for the statute of limitations for personal injury lawsuits, but resist the urge to make a rash decision about a lawyer. Meet with an attorney, share details about your case with them, and then decide if a lawyer has what it takes to represent you.
Submit Your TBI Claim
The Shelly Leeke Law Firm takes the guesswork out of TBI cases. We are available to review your case and help you decide if now is the right time to submit your claim. For more information or to request a free consultation, please contact us today.