Traumatic brain injuries, or TBIs, frequently occur when others are negligent in some way. They are especially common in premises accidents, motor vehicle collisions, and other occurrences where an individual strikes their head with a significant amount of force.
If you or someone you love suffered a TBI in a recent accident, a knowledgeable traumatic brain injury attorney can help. Your lawyer will promptly investigate the circumstances and take the appropriate legal steps on your behalf to pursue the compensation you need.
How do TBIs Frequently Occur?
TBIs are a major concern and often result from various situations where someone else’s negligence is involved. Some of the primary causes of TBIs include:
- Car Accidents – Car crashes are one of the leading causes of TBIs. When a driver is negligent—such as by speeding, driving under the influence, or ignoring traffic signals—serious collisions can occur. The sudden impact often causes the victim’s head to hit the steering wheel, dashboard, or window, leading to severe brain injuries.
- Slip and Fall Accidents – Slip and fall accidents commonly occur due to unsafe conditions like wet floors, uneven surfaces, or poorly maintained walkways. Property owners or managers have a duty to maintain safe environments. When they fail to do so, individuals can slip, fall, and hit their heads, resulting in TBIs. These incidents are particularly dangerous for the elderly, who are more susceptible to severe injuries.
- Workplace Injuries – Negligence in the workplace can lead to TBIs – especially in industries like construction, manufacturing, and transportation. Employers are required to provide a safe working environment, including proper training, safety gear, and equipment maintenance. When these standards are not met, accidents involving falls from heights, being struck by falling objects, or machinery malfunctions can occur, causing traumatic brain injuries.
- Sports Injuries – In sports, negligence can arise from inadequate supervision, poor coaching, or lack of proper safety equipment. High-contact sports like football, hockey, and boxing carry a higher risk of TBIs, especially if players are not given proper headgear or are encouraged to play despite showing signs of a concussion.
- Assaults and Violence – TBIs can also result from violent acts, such as physical assaults. Negligence can be attributed to inadequate security measures in public places, like bars, nightclubs, or even schools. Failing to address potential threats or to intervene in dangerous situations can lead to individuals being attacked and sustaining serious head or brain injuries.
Seeking Medical Treatment for a TBI in SC
After initial treatment at an emergency room for a TBI due to someone else’s negligence, ongoing medical care is essential for recovery. This care typically involves physical, cognitive, and emotional rehabilitation.
- Once stabilized, an accident victim may need to see a neurologist – a doctor specializing in brain and nervous system disorders. The neurologist will assess the extent of the brain injury and monitor the victim’s progress over time. They may prescribe medications to manage symptoms like headaches, seizures, or mood swings.
- Physical therapy is often a critical part of TBI recovery. Physical therapists help accident victims regain strength, balance, and coordination, which may become impaired due to the injury. Through targeted exercises and activities, they work to improve the victim’s physical function and mobility.
- Occupational therapy is another important aspect of TBI treatment. Occupational therapists focus on helping accident victims perform daily tasks that may be challenging post-injury. This can include anything from dressing and bathing to cooking and using a computer. They may also recommend adaptive equipment to make these activities easier.
- Speech therapy may become necessary if the TBI has affected the accident victim’s ability to speak, understand language, or swallow. Speech therapists use specialized techniques and exercises to help victims regain these skills.
- Cognitive rehabilitation is crucial for those with TBI-related cognitive impairments, such as memory loss, difficulty concentrating, or impaired judgment. Neuropsychologists or cognitive therapists design programs to improve cognitive functions and help accident victims develop strategies to cope with their deficits.
- Psychological support is essential because TBIs can lead to emotional and behavioral changes, such as depression, anxiety, or irritability. Psychologists or counselors can provide therapy to help accident victims manage these changes and offer support to their families.
- Finally, it’s important for TBI victims to have regular follow-up appointments with their healthcare providers to monitor their progress and adjust their treatment plans as needed.
This ongoing care ensures that any complications are addressed promptly and that the victim continues to improve. As part of a TBI claim or lawsuit, victims may be eligible to recover compensation for both past and anticipated medical costs.
How to Legally Prove Fault in a TBI Case in South Carolina
Legally proving a TBI case can be challenging, but it’s essential to ensure that the injured party receives the compensation they deserve. Here are the key steps to legally proving a TBI case:
- Gather Evidence – Collecting evidence is critical in any legal case. This can include photographs of the accident scene, witness statements, police reports, and any other relevant information that shows how the injury occurred. Evidence must demonstrate that the injury occurred due to someone else’s negligence.
- Medical Documentation – Detailed medical records are vital in a TBI case. This includes reports from emergency room visits, neurologists, and other specialists who treated the victim. Medical documentation should outline the diagnosis, treatment plan, and prognosis.
- Expert Testimony – In many TBI cases, expert witnesses can provide crucial testimony. These experts may include treating doctors, neurologists, and other medical professionals who can explain the severity of the injury and its effect on the victim’s life. They can also link the injury directly to the accident and explain how it resulted from the at-fault party’s (defendant’s) negligence.
- Prove Negligence – To win a TBI case and recover compensation, the accident victim must demonstrate that the defendant was negligent. This means proving that the defendant had a legal duty of care, breached that duty, and caused the injury as a result. For example, in a car accident, the victim must show that the other driver was at fault, such as by violating one or more traffic laws.
- Demonstrate Impact – It’s also important to show how the TBI has affected the victim’s life. This can include physical, emotional, and financial effects. Testimony from family members, friends, and employers can help illustrate the changes in the victim’s daily life and capabilities.
- Retain an Experienced Personal Injury Attorney – Navigating a TBI case can be complex, so retaining an experienced personal injury lawyer is crucial. They can gather evidence, arrange expert testimony, and build a strong case. An attorney will also negotiate with insurance companies and represent the injured party in court if necessary.
Factors that May Affect the Value of a TBI Case
When assessing the value of a TBI case, several factors come into play, influencing the compensation you may be eligible to receive. Here’s a breakdown of these factors and the types of damages involved:
- Severity of the Injury – The extent and severity of the TBI are central to determining its value. More severe TBIs that result in significant impairments or disabilities typically result in higher compensation. This includes injuries that lead to long-term cognitive deficits, physical limitations, or emotional distress.
- Medical Expenses – The costs associated with treating a TBI can be substantial. This includes expenses for emergency room visits, hospitalization, surgeries, medication, rehabilitation, therapy (physical, occupational, and speech), and ongoing medical care. All of these costs are considerations when calculating compensation.
- Lost Income and Future Earning Capacity – If the TBI prevents you from working or results in reduced earning capacity, you may be entitled to compensation for lost income and future income. This includes calculating potential earnings that you would have earned had the injury not occurred.
- Pain and Suffering – Compensation for pain and suffering is designed to account for the physical and emotional distress resulting from the TBI. This includes chronic pain, discomfort, anxiety, depression, and the overall effect on your quality of life. It’s challenging to quantify but is a significant component of many TBI settlements and litigation awards.
- Loss of Enjoyment of Life – TBIs can affect your ability to participate in activities you once enjoyed, such as hobbies, sports, or social interactions. Compensation may be awarded for the loss of these experiences and the diminished enjoyment of life resulting from the TBI.
- Permanent Disability and Impairment – If the TBI results in permanent disability or impairment, such as paralysis, loss of cognitive function, or sensory deficits, compensation may be provided for these long-term effects. This includes modifications to living arrangements or ongoing care needs.
- Prognosis and Future Medical Needs – The expected long-term effects of the TBI, including future medical treatments, therapies, and medications, are considered when determining compensation. This ensures that ongoing medical care is adequately funded to support the injured person’s recovery and well-being.
Navigating a TBI case requires careful consideration of these factors to ensure fair compensation. An experienced TBI lawyer in your area can provide invaluable guidance in understanding your rights, assessing the value of your case, and advocating for the compensation you deserve.
Settlement Versus Litigation in a TBI Case in South Carolina
In TBI cases, deciding between settlement and litigation involves weighing the benefits and potential outcomes of each approach.
Settlement:
Settlement occurs when the injured party and the responsible party (often an insurance company) agree to resolve the case outside of court. Here are some key points to consider about accepting a settlement:
- Control and Speed – Settlement allows for more control over the outcome and can be faster than litigation. It avoids the uncertainty and delays associated with court proceedings, allowing the injured party to receive compensation sooner.
- Guaranteed Outcome – Once a settlement is reached and agreed on, both parties are bound by its terms. This provides certainty about the compensation amount and avoids the risk of an unpredictable jury verdict.
- Privacy – Settlement negotiations and agreements are generally private, unlike litigation, which involves court proceedings that are a matter of public record.
- Reduced Costs – Litigation can be expensive due to legal fees, court costs, and other expenses. Settlement can potentially reduce these costs by avoiding prolonged legal battles.
However, settlements may involve compromises in the amount of compensation received, as insurance companies often seek to minimize payouts. It’s essential to evaluate whether the offered settlement adequately compensates for all current and future damages related to the TBI.
Litigation:
Litigation involves taking the case to court, where a judge or jury decides the outcome. Here are some considerations for TBI litigation:
- Potential for Higher Compensation – In some cases, litigation can result in higher compensation than offered in a settlement, especially if the responsible party disputes liability or the extent of damages.
- Legal Adversaries – Litigation requires facing off against the defendant’s legal team in court. This process involves presenting evidence, cross-examining witnesses, and arguing the case before a judge or jury.
- Legal Process – Litigation follows a formal legal process, including pre-trial discovery, motions, and courtroom proceedings. It can be lengthy and complex, potentially lasting months or even years.
Choosing litigation means accepting the risks and uncertainties inherent in court trials, including the possibility of not achieving the desired outcome. It’s crucial to consult with a personal injury attorney experienced in TBI cases to assess the strengths and weaknesses of each approach. They can provide informed guidance based on the specifics of the case, advocating for the best possible outcome on behalf of the injured party.
Ultimately, deciding whether to settle or litigate a TBI case depends on factors like the strength of the available evidence, the extent of the victim’s damages, the willingness of the parties to negotiate in good faith, and the desire for a timely resolution versus potentially higher compensation through litigation. Each option offers distinct advantages and risks, requiring careful consideration before making a decision.
Speak with an Experienced South Carolina TBI Lawyer Right Away about Your Legal Options
After suffering a TBI, you need to involve a knowledgeable personal injury lawyer in your case as quickly as possible. Your attorney can evaluate your legal options, file a timely claim or lawsuit in your case, and pursue the maximum amount of compensation available to you.
