Few injuries are more devastating or life-altering than a traumatic brain injury (TBI). In just a split second, a severe blow or jolt to the head can rob victims of their cognitive abilities, physical functions, and sense of self. Suddenly, even mundane daily activities like getting dressed, preparing a meal or having a conversation become monumental challenges.
Many individuals and their families face a challenging recovery journey, burdened with medical expenses, lost wages, and emotional trauma. The Mt. Pleasant brain injury lawyers at Derrick Law Firm evaluate potential cases to determine how they may be able to help clients seek compensation and guide them through the legal process.
How a Traumatic Brain Injury Can Impact All Aspects of a Victim's Life
Because the brain controls every facet of an individual's functioning, the effects of a TBI can ripple out into all areas of a victim's life. Depending on the severity and location of the injury, victims may experience a wide range of challenges, including:
- Cognitive impairments. Brain injuries can disrupt memory, attention, communication, and executive functions like planning and problem-solving. Victims may struggle to find words, follow conversations, make decisions, and control impulses.
- Physical disabilities. Brain trauma can affect balance, coordination, strength, and sensation. Victims may experience paralysis, chronic pain, vision or hearing loss, seizures, or disrupted sleep patterns. Some require mobility aids or assistance with daily self-care.
- Emotional and behavioral changes. Mood swings, irritability, depression, anxiety, and personality changes are common in TBI victims. They may lash out at loved ones, withdraw from social situations, or lose interest in activities they once enjoyed.
- Strained relationships. As family members step into caregiving roles, relationships often shift dramatically. The stress and demands of the "new normal" can fracture bonds with spouses, children, and friends.
- Financial hardships. The costs of medical care, rehabilitation, and lost income can quickly overwhelm victims and their families. Many face uncertainty about their financial futures, especially if the victim cannot return to work in the same capacity.
Critical First Steps After a Brain Injury
In the disorienting days after a severe brain injury, victims and their loved ones often feel lost and unsure where to turn. Taking these essential actions can help protect both health and legal interests:
- Seek prompt medical evaluation and treatment. Some traumatic brain injury symptoms may not appear immediately, so it's crucial for victims to undergo a thorough medical assessment as soon as possible after the injury. Following prescribed treatment plans and attending follow-up appointments are also important.
- Gather documentation. Maintaining copies of accident reports, medical records, bills, receipts, and other evidence related to the injury can strengthen potential legal claims. Many find it helpful to keep a journal detailing symptoms, medical appointments, and daily impacts.
- Use caution when dealing with insurance companies. Claims adjusters often pressure victims to give recorded statements or accept lowball settlements. To protect the value of their claim, victims should avoid discussing details and instead refer insurers to their attorneys.
- Consult an experienced Mt. Pleasant brain injury lawyer. Given the medical and legal complexity of brain injury cases, many individuals benefit from working with a knowledgeable advocate who can investigate the case, assess its potential value, and pursue available compensation.
Top Causes of Mt. Pleasant Brain Injuries
Mt. Pleasant's beautiful coastal setting and various recreational activities are a significant draw for residents and visitors. However, the very features that make the area so appealing can also increase the risk of suffering a traumatic brain injury. Some causes of Mt. Pleasant TBIs include:
- Vehicle crashes. On busy thoroughfares like Highway 17 or the Ravenel Bridge, an accident with a reckless, distracted, or drunk driver can result in catastrophic head trauma for occupants of other vehicles, motorcyclists, truckers, bicyclists, or pedestrians.
- Falls. Falls are a top cause of brain injuries, particularly among children and seniors. They may occur due to hazards like uneven sidewalks, wet floors, poor lighting, or obstacles on public or private properties.
- Sports and recreational accidents. From biking mishaps on the Shem Creek Park Trail to swimmers being pounded underwater by powerful waves at Sullivan's Island Beach, TBIs can happen in the blink of an eye during athletic activities.
- Violent assaults. Physical attacks like muggings, fights, child abuse, or domestic violence often result in life-changing brain injuries for victims.
- On-the-job accidents. Employees in industries like construction, manufacturing, fishing, and shipping can suffer TBIs from falling objects, malfunctioning equipment, explosions, falls from heights, and other workplace incidents.
Legal Process for South Carolina Brain Injury Cases
While past results cannot guarantee future outcomes, understanding the general legal process can help individuals make informed decisions about their situation. Though every case is different, the process typically includes:
- An initial consultation. The lawyer will listen to the victim's story, ask about the severity of their injuries and medical treatment, and explain their legal options for pursuing compensation.
- Evidence gathering and case building. The attorney will conduct a thorough investigation into the circumstances surrounding the TBI. This may involve collecting key evidence like accident reports, medical records, witness statements, and photos or videos of the accident scene to identify all liable parties and build a strong case.
- Filing the lawsuit. The victim's brain injury lawyer will initiate the legal action by filing a formal complaint against the allegedly at-fault parties. This document lays out the central arguments, facts, and demands of the victim's case.
- Discovery. During this phase, the victim's legal team and the defense attorneys exchange evidence and conduct depositions to gain information and sworn testimony from parties and witnesses. The victim's lawyer may also retain expert witnesses to provide compelling testimony about the extent and ramifications of the victim's TBI. For example, medical experts and life care planners may calculate the full scope of the victim's past, ongoing, and future losses.
- Settlement discussions. Some TBI claims are resolved without going to court. The victim's attorney will work diligently to negotiate a fair settlement that fully addresses all losses. If the opposing party or insurer is unwilling to negotiate in good faith, the attorney may recommend alternative approaches, such as mediation, to reach a resolution.
- Trial. The case will proceed to trial if a satisfactory settlement cannot be reached. The complaint will be filed before the South Carolina personal injury statute of limitations expires. The brain injury attorney will present a strong, persuasive case at trial and fight for compensation before the court.
Potential Compensation for Mt. Pleasant Brain Injury Victims
While past results do not guarantee future outcomes, successful personal injury claims may allow brain injury victims to pursue compensation for various losses, which might include:
- Medical bills for emergency treatment, surgeries, hospital stays, medications, and medical devices
- Anticipated costs for future care needs, such as ongoing therapy, rehabilitation, home health services, and psychological counseling
- Lost income from being unable to work during recovery
- Diminished future earning capacity if the victim cannot resume their previous job duties
- Non-economic losses like pain, suffering, mental anguish, and diminished quality of life
- Home accessibility modifications and adaptive equipment needed due to the TBI
In extreme cases where the at-fault party acted with gross negligence or malicious intent, the court may also award punitive damages to punish the wrongdoer and send a strong message against similar misconduct that could hurt others.
