Fort Mill Brain Injury Lawyer
Suffering a traumatic brain injury (TBI) can jeopardize a victim’s entire life and livelihood. For many survivors, life is never the same again. When someone else’s reckless actions lead to such a catastrophic injury, they can be held accountable for their negligence with the help of an experienced brain injury attorney.
There are no guarantees for a full recovery following a brain injury. Even a concussion — which many people mistakenly see as just a “bump on the head” — can have long-term consequences, limiting an individual’s ability to work, enjoy life or even function on an everyday basis.
If you or someone you love is living with a traumatic brain injury, compensation may be available to help with the enormous expenses that often accompany such devastating trauma.
At David Blackwell Law, our Fort Mill brain injury lawyers are effective and compassionate advocates for victims’ rights. We’ve seen how a brain injury can change every aspect of a person’s life, and we’ll fight for maximum compensation to provide financial support for whatever the future holds.
Not sure if you have a case? No problem. Our Fort Mill attorneys offer free consultations for all potential clients. Call or contact us now to arrange yours.
Types of Brain Injuries
The Centers for Disease Control and Prevention (CDC) reports that approximately 2.9 million Americans seek emergency medical care for concussions or TBIs every year.
In South Carolina alone, it’s estimated that 61,000 residents are living with a permanent disability caused by a TBI. That’s enough to full 3 out of every 4 seats in the University of South Carolina’s Williams-Brice Stadium, according to the S.C. Brain Injury Association.
Brain injuries can come in a wide range of different forms. Not only are TBIs difficult to diagnose, but they often occur with a delayed onset. Some of the most common types of brain injuries include:
- Concussion: Trauma with no visible signs of damage to the skull or brain
- Penetrating injuries: When sharp objects break through the skull into the brain tissue
- Closed head injuries: Trauma to the brain with no outside signs of injury
- Diffuse axonal injury:: Occurs with the rapid shifting of the brain during an accident, shearing cell connections and leading to cell death
- Contusion: Bruising of the brain after damage to the blood vessels
- Hematoma: Bleeding on the brain
- Coup-contrecoup injuries: Evidence of at least two injury sites caused by the brain bouncing back and forth after blunt force trauma
These types of injuries can cause severe damage to every part of the brain, compromising vital functions such as movement, speech, memory, organ function, mood, sleep, personality and more.
Common Causes of Brain Injuries
Our Fort Mill TBI lawyers have represented people who have been injured in a wide range of accidents, including:
- Car accidents
- Commercial truck accidents
- Motorcycle collisions
- Pedestrian accidents
- Slip and fall injuries
- Medical malpractice
- Sports injuries
- Defective products
- Workplace accidents
Managing a brain injury is an incredibly complex undertaking, requiring the services of many types of medical professionals and rehabilitation specialists. In the most severe cases, victims are unable to live on their own and must be moved to a nursing facility or specially equipped TBI assisted-living facility.
The lifetime cost for TBI medical care can easily reach into the millions of dollars. That’s why it’s essential to contact an experienced brain injury attorney. A lawyer can help determine whether you are entitled to compensation to help offset the costs that come with a TBI.
When Can I Sue for a Brain Injury?
Deciding when to file a claim for a brain injury is largely dictated by law. In South Carolina, you have three years from the date of the accident to file a claim against the negligent party(s). If you miss that deadline, you could lose your opportunity for compensation.
Another thing to consider when filing a claim is whether the victim has reached “maximum medical improvement” (MMI). That is the point at which a doctor decides that the patient is unlikely to get any better or worse.
Waiting for MMI is very important in a brain injury case because the degree of recovery can be so unclear. Settling with an insurance company too early could mean that you don’t receive enough compensation to cover the lifetime costs associated with a severe TBI.
With that said, you should still consult with a TBI lawyer as soon as possible after the accident. The attorney can launch an investigation into the case immediately and prevent critical evidence from being lost or destroyed.
Proving Negligence for TBI
The most important thing that will determine whether you receive compensation is proving that someone else’s negligence led to your brain injury. In other words, you must be able to show that the at-fault party caused your accident and is financially responsible for the resulting head injury and related damages.
At David Blackwell Law, our skilled TBI lawyers build strong cases for negligence by:
- Identifying what happened, why it happened and who should be held responsible
- Collecting all medical records (including imagery) to show the extent of your injuries
- Consulting with experts who can testify how the injury has impacted and will impact your life moving forward
- Gathering all receipts, bills, proof of lost income and other documents to show how much you have lost and why you deserve maximum compensation
In South Carolina, you can still collect compensation even if you are partly at fault for the accident that injured you. However, your ability to collect is limited by the percentage of fault that you are assigned for the accident. To avoid be assigned an unfair portion of fault, it’s essential to contact a qualified brain injury attorney.
What is the Average TBI Case Settlement Amount?
TBI attorneys always get asked, “What is the average compensation for a head injury?” There is no straightforward answer to this question. Traumatic brain injury settlements always depend on the unique facts of the case.
Under South Carolina law, your brain injury settlement can include compensation for:
- Medical bills (past, present and future)
- Physical therapy and rehab services
- Mental health support
- Lost wages
- Loss of future earning potential
- Pain and suffering
- Long-term disability or impairment
- Punitive damages (to punish the negligent party for willful or wanton misconduct)
How Long Does a TBI Case Take to Settle?
Similar to other personal injury claims, the amount of time it takes to settle a TBI case can vary widely. As a baseline, personal injury claims can take anywhere between a few months and a couple of years to reach a resolution. As complicated cases tend to take longer, mild traumatic brain injury settlements usually come faster than do catastrophic TBI settlements.
How Can David Blackwell Law Help Me?
Our law firm has developed a strong reputation for success in handling complex personal injury cases, including traumatic brain injury claims. We will protect your legal rights and financial interests, all while demanding full and fair compensation for your injuries.
Among other things, our head injury lawyers in Fort Mill will:
- Conduct a free, comprehensive review of your brain injury case
- Answer questions and explain your legal options
- Handle all correspondence and negotiation with defendants and insurance companies
- Build a compelling, well-supported personal injury claim
- Keep you informed about the status of your case at all times
At David Blackwell Law, we understand that no two brain injury claims are exactly alike. Our South Carolina TBI attorneys always provide clients with personalized legal guidance to maximize their financial recoveries.
Contact Our Fort Mill, SC Brain Injury Lawyers Right Away
Our Fort Mill traumatic brain injury lawyers are committed to providing injured victims with first rate legal representation and one-on-one attention.
For a free consultation, contact our law firm today. We represent injured victims in Fort Mill and throughout the surrounding communities, including in Riverview, Indian Land, Red River, Rock Hill, and Springsteen.