Few injuries are as terrifying as traumatic brain injuries. The brain is the most complex organ in the human body. Even minor damage can have catastrophic consequences.
The human brain is incredibly sensitive, and even seemingly minor injuries can turn the victim’s lives upside down. No matter what type of accident you were involved in, an experienced South Carolina traumatic brain injury lawyer at Shelly Leeke Law Firm is here to help you navigate the claims process and demand the compensation you are due.
With the support of a dedicated South Carolina personal injury attorney, you can fight for justice. Learn more about how you can pursue repayment for your damages and who may be at fault for your suffering when you contact our law offices for a free consultation.
Common Types of Traumatic Brain Injuries in Denny Terrace
Traumatic brain injuries can come in multiple forms. The type of brain injury you are diagnosed with will determine the severity of your condition, the issues you deal with as you recuperate, and how significantly your life may be changed by your brain injury.
Some of the most common types of traumatic brain injuries our team at Shelly Leeke Law Firm sees include:
- Brain hemorrhage
- Coup-contrecoup brain injuries
- Diffuse axonal brain injuries
- Intracranial hematomas
- Penetrating brain injuries
- Second impact syndrome
It should be noted that your ability to file a traumatic brain injury lawsuit will not depend on whether you have suffered one of the previously mentioned brain injuries. This is a non-exhaustive list of potential brain injuries you may be able to sue for. Be sure to contact your traumatic brain injury lawyer in Denny Terrace, SC to find out whether you have the right to take legal action against those responsible.
Accidents that Frequently Result in Traumatic Brain Injury
With the human brain being so complex, nearly any type of accident has the potential to cause traumatic brain injuries. There are certain types of incidents, events, and accidents people sue for more often than others, such as:
- Motorcycle accidents
- Slip and fall accidents
- Bicycle accidents
- Car accidents
- Trampoline accidents
- Hotel accidents
- Commercial truck accidents
- Medical malpractice
- Construction accidents
- Pedestrian accidents
- Factory accidents
- Nursing home neglect and abuse
- Work accidents
- Dog bites and attacks
How to Recover Compensation for Your Damages
There are multiple ways you may be able to recover compensation after suffering a traumatic brain injury. Your options will depend on the type of accident you were involved in and the individual details of your case. Generally, your traumatic brain injury lawyer can represent you as you:
- File a claim with the liable party’s insurance company
- File a claim against your own insurance policy
- Pursue a personal injury lawsuit against the at-fault party
Unfortunately, although you may hope to avoid going to trial, insurance settlements are unlikely to fully cover your damages. Even though you may be able to recover a portion of your medical expenses and perhaps personal property damages through your insurance claim, the truth is the insurance company is going to fight to pay out as little as possible on your claim.
For this reason, you should always prepare to go to trial. You may be able to settle outside of court with the insurance company or liable party, but you have the right to be repaid for every loss, which is made possible by filing a traumatic brain injury lawsuit.
Essential South Carolina Injury Laws to Know
Once you make the decision to move forward with a traumatic brain injury claim, multiple South Carolina personal injury laws could have an impact on your ability to get the compensation you are entitled to. Some of the most notable laws include the following:
South Carolina is a fault-based state when it comes to how insurance claims are handled. Since South Carolina requires liable parties to be held accountable for their damages, when you are filing a claim, you will start by filing one with the liable party’s insurance provider instead of your own.
Statute of Limitations
You should never feel pressured into moving forward with an insurance claim or civil lawsuit sooner than you feel comfortable. However, it is crucial to remember that the South Carolina personal injury statute of limitations under the South Carolina Code of Laws §15-3-530 is already counting down.
You have only three years under the law to file your claim. If your lawsuit is not filed before this deadline, no matter how sympathetic the judge is to your case, they will be required to dismiss it under the law.
Filing an insurance claim also carries specific deadlines. Depending on the insurance company, you could have as few as 48 hours to file your insurance claim, or you will have essentially forfeited your right to file a claim against the liable party’s policy.
Modified Comparative Negligence
South Carolina is a modified comparative negligence state with a 51% bar. This means even if the liable party accuses you of sharing blame for the accident, you may be entitled to compensation for your damages as long as your portion of fault does not exceed the 51% threshold.
Liable parties will often attempt to capitalize on modified comparative negligence laws to reduce their financial burdens. For this reason, having an experienced Denny Terrace traumatic brain injury attorney advocating for you and making sure culpability is accurately evaluated in your case should be a top priority.
Meet with a Traumatic Brain Injury Attorney in Denny Terrace, SC Today
Your traumatic brain injuries may have a significant and lasting impact on your life for years to come. Do not get stuck footing the bill when someone else’s negligent or wrongful actions are the cause of your injuries.
You can demand the compensation you need to cover your costs and rebuild your life when you have a dedicated Denny Terrace traumatic brain injury lawyer at Shelly Leeke Law Firm on your side. Are you ready to regain control of your life? Start by calling our office or filling out our quick contact form to schedule your no-cost, risk-free consultation as soon as today.