In the blink of an eye, a serious accident can change life as a North Charleston resident knows it. One moment, they are going about a typical day — driving on I-26, shopping at Tanger Outlets, or working on a construction site. The next, they are waking up in a hospital room with a devastating diagnosis: traumatic brain injury.
The fallout of a TBI can be overwhelmingly painful, emotional, and expensive for victims and their loved ones. The financial burdens keep adding up as the injured person focuses on their physical recovery. Medical bills pile up, paychecks stop, and the future seems full of unknowns. Derrick Law Firm’s North Charleston brain injury lawyers advocate for brain injury victims throughout South Carolina.
Critical Steps to Take After a North Charleston Brain Injury Accident
Nothing is more important after suffering a suspected traumatic brain injury than getting proper medical care. Even if the victim initially feels okay, symptoms of a TBI are not always immediately apparent. It's crucial to go to the emergency room or an urgent care center to be evaluated by a qualified medical professional who can assess the extent of the injury.
Depending on the severity of the injury, doctors may perform diagnostic tests such as CT scans or MRIs to obtain detailed images of any damage to the brain. They will check for signs of TBI, such as loss of consciousness, headache, confusion, dizziness, slurred speech, and weakness. Getting a prompt diagnosis allows victims to get the treatment they need right away.
In addition to seeking immediate medical attention, brain injury victims and their families should also:
- Follow all of the doctor's instructions for treatment, which may include rest, medications, and rehabilitation. Don't skip follow-up appointments.
- Keep an organized file of all medical records, hospital bills, test results, prescriptions, and other documentation of the injury and treatment. This paper trail may be significant evidence in any legal claim.
- Write down everything that can be remembered about the accident, including the date, time, location, and events immediately preceding the accident. Get names and contact information for any eyewitnesses.
- Stay off of social media. Avoid posting photos, updates, or comments about the accident or injury. Defense lawyers and insurance companies can take posts out of context and use them against a brain injury victim.
- Consider speaking with an experienced North Charleston brain injury lawyer before making any statements or decisions involving insurance claims.
Top Causes of Traumatic Brain Injuries in the North Charleston Area
According to the CDC, there were approximately 214,110 TBI-related hospitalizations in the U.S. in 2020. These injuries can occur in many ways, but some of the most common scenarios that lead to brain injury legal claims include:
- Traffic crashes. Auto accidents involving cars, motorcycles, trucks, bicycles, and pedestrians are a leading cause of TBI. Collisions at high speeds or that cause the victim's head to strike an object are most likely to result in brain trauma.
- Slips and falls. Wet floors, icy sidewalks, uneven pavement, dim lighting, and obstacles in walking paths can all cause slip, trip, and fall accidents. When the victim's head hits a hard surface, a TBI may occur. Falls are especially risky for young children and older adults.
- Workplace accidents. Employees in industries like construction, manufacturing, and transportation are at heightened risk of suffering TBIs on the job. Falling from heights, being struck by equipment, and vehicle collisions are common ways workers sustain brain injuries.
- Sports and recreational activities. Many popular pastimes North Charleston residents enjoy involve a risk of concussion and other brain injuries—contact sports like football, soccer, hockey, and boxing, as well as activities like skating, cycling, horseback riding, and more.
- Physical violence. Sadly, many TBIs are caused by intentional violence. Domestic abuse, child abuse, gunshot wounds, and physical assault can all inflict severe brain trauma on victims.
When someone else's careless or reckless behavior causes an accident that leads to a traumatic brain injury, victims have the right to take legal action. An experienced North Charleston brain injury lawyer can help investigate what happened and advise the victim of their options for pursuing compensation.
Why Hiring a North Charleston Brain Injury Lawyer Is Important
Traumatic brain injuries are some of the most devastating and complicated personal injury cases from both a medical and a legal standpoint. The road to recovery is long and challenging. Victims need extensive medical care and may be facing permanent impairments that affect their ability to work and enjoy life.
An experienced North Charleston brain injury lawyer may provide guidance and support during this challenging time. An experienced attorney will do the following for a client:
- Conduct a thorough investigation into the cause of the TBI
- Gather evidence, including accident reports, medical records, expert analysis, and witness statements, to build a strong case
- Handle all communications with the insurance companies involved
- File necessary claims and negotiate aggressively for a full and fair settlement
- Have a team of medical experts and specialists to help prove the extent of the injuries and damages
- Take the case to trial if the other side won't agree to an acceptable settlement
- Allow the victim and family to focus on healing while the legal issues are taken care of
It's an unfortunate reality when insurance companies are not on the side of TBI victims, even when their injuries are severe and caused by an insured party. Insurers are often looking to protect their bottom line by limiting payouts.
The insurance adjuster may act friendly and concerned, but their goal may be to get the victim to accept a low offer before the long-term impact of the TBI is clear. Once a settlement is signed, there's no going back for more money later if the victim's condition gets worse.
A knowledgeable North Charleston brain injury lawyer will fully understand the type of medical treatment and ongoing care the victim will require and fight for a settlement that accounts for those future needs. If the case goes to court, an effective lawyer can present a compelling case to the jury to recognize the victim's damages.
What Fair Compensation Looks Like in a Brain Injury Case
Through a personal injury claim against the at-fault party, North Charleston brain injury victims can pursue compensation for damages such as:
- Doctors' bills, hospital stays, surgeries and other medical expenses
- Costs of future care needs like in-home support, modifications to the home, and transportation to appointments
- Lost wages from missed work during recovery
- Projected losses in future earning potential if the victim cannot return to the same job
- Physical pain and suffering
- Emotional distress and mental anguish
- Lost enjoyment and quality of life
Punitive damages may apply in cases of gross negligence or intentional misconduct, depending on the circumstances. There is no set formula for calculating the value of a brain injury claim. These cases tend to have significant value because of the profound harm a TBI causes. While past results do not guarantee future outcomes and every case is different, the lifetime costs of treating a traumatic brain injury can reach $3 million or more in some cases.
An experienced attorney will work to gather documentation of the full extent of damages — not just current medical bills but also the projected costs of future care — to pursue appropriate and fair compensation. While no amount of money can restore what was lost, a fair recovery can help relieve the financial stress and allow victims to get the care and support they need.
