Many injuries can mean bad news, but a traumatic brain can significantly affect your life, changing it forever. Traumatic brain injuries can affect your mobility and ability to create relationships, take care of your family or live the life you once lived before the incident. In addition, these injuries can affect your personality, mental capacity, and ability to perform daily activities. Traumatic brain injuries are different, and their outcomes are unpredictable, but every person affected needs proper support and assistance.
If another person's negligence caused you to sustain traumatic brain injuries, you should not have to pay for the piled-up medical and rehabilitative care bills on your own.
If you or a loved one has been involved in an accident that has caused debilitating debt and physical trauma, your best bet to receive optimal financial compensation is to speak with an attorney. At Lesemann & Associates, our attorneys will be by your side and fight for your compensation to help alleviate some of your financial hardships. This way, you can focus on the healing and recovery process while we fight to ensure justice is served and you get rightful compensation.
Traumatic Brain Injury: Defined
A traumatic brain injury is a penetrating head injury or a jolt or bolt to the head that affects the brain's functioning. It is essential to acknowledge that not all head injuries cause traumatic brain injuries. In mild traumatic brain injury cases, the victim may briefly become unconscious or experience a mental change. There may be an extended period of amnesia or unconsciousness in severe cases.
A traumatic brain injury may affect the victim's short-term or long-term independence. Temporary confusion, mild concussion, long-term coma, headaches, or death may be associated with traumatic brain injuries. It is essential to note that brain infection, stroke, and brain tumors are not within the scope of traumatic brain injury.
Your healthcare provider will classify and determine brain trauma levels during the first presentation of symptoms. Some people can fully recover from severe traumatic injuries, while others may have long-term complications.
Over 60,000 South Carolina residents have traumatic brain injury disability. Besides, more than 1300 people sustain these types of injuries every year. Traumatic injury is also the leading cause of death for people between 1 and 44 years. Victims of these types of injuries may experience bruising, torn tissues, bleeding, and other physical injuries that can adversely affect their health.
Common accidents causing traumatic brain injuries include:
- Workplace injuries
- Drunk driving accidents
- Explosions and combat blasts
- Sports and other recreational activities
- Intentional self-harm
- Violent incidents
- Motorcycle accidents
The South Carolina Statute of Limitations Following a Charleston Traumatic Brain Injury
The symptoms of traumatic brain injury can take weeks, months, or longer to develop. Whether or not your symptoms delay manifesting, you must file a personal injury claim or lawsuit within the applicable statute of limitations. The statute of limitations is a law that prescribes the maximum amount of time a victim has to file a personal injury claim following a traumatic brain injury.
If you fail to file a claim within this period, you will be barred from pursuing compensation for the harm or injuries caused. After a Charleston traumatic injury, victims must file a personal injury claim three years from the accident date.
Therefore, it is essential to discuss your case with a Charleston traumatic brain injury lawyer right after the accident to ensure that your rights are protected. The traumatic brain injury lawyers at Lesemann & Associates will review the accident, gather enough evidence, and determine the right time to file a personal injury claim. They will also ensure that legal documents and motions are prepared before the statute of limitation lapses.
Damages You Can Recover if You Were Involved in a Traumatic Brain Injury Accident
Victims of traumatic brain injury accidents can recover compensation if they prove that another person's negligence caused the accident. If you have suffered a traumatic brain injury in Charleston, you may also recover compensation for the harm caused. The settlement covers the following damages:
Victims are entitled to recover damages for any monetary loss resulting from the traumatic brain injury accidents. They include:
- Cost of medical treatment, including hospital stay, doctor visits, surgeries, assistive medical devices, and prescriptions.
- Rehabilitative care services
- Custodial care
- Repair or property replacement cost
- Loss of income
- Loss of earning capacity
if you have sustained a traumatic brain injury in Charleston, South Carolina, laws allow you to recover compensation for non-monetary damages like:
- Physical impairment
- Pain and suffering
- Loss of consortium
- Mental anguish
- Reputation injuries
- Loss of enjoyment of life
- Emotional distress
Besides, the court may also award punitive damage to punish the offender for their negligence. Punitive damages also help to prevent others from committing the same offense. To recover the compensation you deserve, you need to work with a lawyer who can prove to the court that the accident occurred due to the defendant's willful action or negligence.
The compensation you receive depends on the severity of the brain injury, medication costs, the need for ongoing treatment, and the offender's culpability. The credibility of the evidence and your ability to work and live as you did before the accident can also determine the amount of compensation to receive.
Although the compensation you receive depends on these factors, working with Charleston traumatic brain injury lawyers from Lesemann & Associates can help you build a solid case to ensure you receive the compensation you are entitled to.
Contact our Charleston traumatic brain injury Lawyers today
Every traumatic brain injury case is different. The claims process is complicated and may require complex paperwork. At Lesemann & Associates, we will evaluate your case, gather evidence and offer the legal support you need to get what you deserve. Call us at (843) 724-5155 today to schedule a consultation.
Traumatic Brain Injury (TBI) FAQ
At Lesemann & Associates, we understand the potentially devastating effects a traumatic brain injury (TBI) can have on a person's life. That is why we work tirelessly to help individuals with TBI injuries and their families pursue the compensation they need to heal and restore their lives.
If you are dealing with a traumatic brain injury and need legal help, we can
- Provide legal advice and guidance on matters related to traumatic brain injuries
- Gather evidence to support your traumatic brain injury claim
- Negotiate with insurance companies on your behalf to maximize your compensation
- Investigate liability for your case
- Provide emotional support and guidance throughout the legal process
- Represent you in the courtroom
What Should I Do Immediately After a TBI?
If you or a loved one has experienced a traumatic brain injury, it is crucial to take immediate action to ensure your health and well-being. Here are a few steps to take immediately after an accident
- Call emergency medical services immediately if you suspect your or your loved ones' injury is severe or life-threatening
- Remain calm to prevent further injury
- Follow the medical advice and instructions provided by your healthcare professional
- Keep track of any symptoms you experience after the injury, such as dizziness, headaches, fatigue, sleep disturbances, confusion, and memory loss.
Do I Have A Valid TBI Injury Claim?
Traumatic brain injury claims can be complex due to the nature of the injury and the legal process involved. Determining the validity of your claim involves multiple factors that an attorney can evaluate.
At Lesemann & Associates, we will assess the validity of your claim by helping you establish the cause of your injury, gather supporting evidence, and confirm the occurrence of a TBI. We can also help assess the impact of a traumatic brain injury on your life and document how it has affected your ability to perform daily activities.
Can I Still Pursue A TBI Claim If I Was Partially At Fault For The Accident?
If you were partially at fault for causing your injuries, you may wonder if you can still pursue a TBI claim in South Carolina. Being partly at fault for the accident will not prevent you from pursuing a compensation claim.
However, it is important to note that it might reduce the compensation amount. We will assess your case, evaluate your level of fault, and guide you on the viability of pursuing a traumatic brain injury claim.
Lesemann & Associates is well-versed in the laws and procedures surrounding traumatic brain injuries in South Carolina. We can help you determine if you have a valid claim. If you have more questions, contact our office at (843) 724-5155 for a free consultation with our Charleston traumatic brain injury lawyer, Ellis Lesemann, and learn more.