Traumatic brain injuries can happen in the blink of an eye, turning a person's life upside down. Whether it's a slip and fall at a North Myrtle Beach resort, a car crash on Highway 17, or a workplace accident, a severe blow to the head can have devastating and lifelong consequences.
Victims of traumatic brain injuries often face a long road to recovery, requiring extensive medical treatment, rehabilitation, and time away from work. The financial burdens can quickly pile up at a time when the injured person should be focused on healing.
The experienced brain injury attorneys at Derrick Law Firm fight for clients’ rights and work to help pursue fair compensation. Contact us to see if we can help with your case.
Steps to Take After a Traumatic Brain Injury in North Myrtle Beach
The time after an accident is often overwhelming, but it's important for the injured party to protect their health and their legal rights by:
- Seeking medical attention. Brain injuries require prompt diagnosis and treatment to prevent complications and give the best chance at recovery. The injured party should go to the emergency room or see a doctor right away, even if they think their injuries are minor. Some symptoms of brain injuries are delayed.
- Following the treatment plan. An injured party’s medical team will advise them on follow-up care and rehabilitation. They should attend all appointments and carefully follow their treatment plan. This is important for their health and documents the extent of their injuries for an insurance claim or lawsuit.
- Reporting the accident. Depending on how the injury occurred, the accident may need to be reported. For example, the police should be called after a car accident, the property owner or manager should be notified after a slip and fall, and a supervisor should be informed after a work accident.
- Preserving evidence. If possible, the injured party should gather evidence at the scene, such as photos of their injuries, property damage, and hazardous conditions that led to their accident. Additionally, it’s important to get contact information for any witnesses. This may help prove how the accident occurred and who was at fault.
- Being cautious with insurers. The at-fault party's insurance company may contact the injured party for a statement. The injured party should be cautious with what they say, as the insurer may use their words against them to minimize or deny their claim.
- Contacting a North Myrtle Beach brain injury lawyer. Navigating the legal process after a traumatic brain injury can be challenging, but injured people have the right to contact a brain injury attorney who can evaluate the potential claim and advise on legal options.
Common Causes of Brain Injuries in North Myrtle Beach
As a popular vacation destination, North Myrtle Beach sees a wide range of accidents that can result in brain injuries to both residents and visitors:
- Vehicle accidents. High-speed collisions may cause traumatic brain injuries. Crashes are common along major roadways like Highway 17 and Highway 9, especially during the busy summer months.
- Pedestrian and bicycle accidents. North Myrtle Beach encourages walking and biking, but these vulnerable road users have little protection from careless drivers. A pedestrian or cyclist can suffer catastrophic head injuries if struck by a vehicle.
- Slip and falls. Wet floors, broken sidewalks, poorly lit stairwells, and other property hazards can easily cause a person to fall and hit their head. This may be a risk at hotels, restaurants, stores, and other establishments.
- Workplace accidents. Brain injuries are one of the most severe work-related injuries. Construction workers, factory employees, and others in high-risk industries are especially vulnerable to head trauma from falls, struck-by accidents, explosions, and more.
- Sports and recreational accidents. North Myrtle Beach's many attractions and activities come with a risk of head injuries. Water sports, amusement park rides, and team sports can all lead to brain injuries if proper precautions aren't taken.
- Physical assaults. Tragically, some brain injuries are the result of intentional violence, such as fights, armed robberies, child abuse, or domestic violence.
Why Someone May Need a North Myrtle Beach Brain Injury Lawyer
Traumatic brain injury claims are high-stakes cases. Insurance companies may go to great lengths to avoid paying full compensation. They may question the severity of the victim's injuries or pressure them to accept a low settlement.
Injured people may be at a disadvantage against these big corporations and their teams of lawyers. Adjusters may act sympathetic, but their goal is to protect their employer's bottom line, not advocate for the victim.
A North Myrtle Beach brain injury lawyer can help level the playing field by:
- Conducting an independent investigation to gather evidence of negligence
- Documenting the full extent of the victim's injuries and damages
- Handling all communication and negotiations with the insurance company
- Consulting with medical experts and accident reconstruction specialists to build a strong case
- Filing a lawsuit and presenting the case at trial if a fair settlement can't be reached
Perhaps most importantly, a brain injury attorney is motivated by the victim's best interests. While insurers prioritize profits, a lawyer aims to help the client.
Possible Compensation an Injured Party May Recover in a Brain Injury Case
While each case is unique and results may vary, potential compensation in brain injury cases may include:
- Medical expenses. Brain injuries often require extensive medical treatment, including emergency care, hospitalization, surgeries, medication, and medical devices. Victims may also need ongoing care, such as rehabilitative therapy, home health services, and psychological counseling. A brain injury claim may provide compensation for all past, current, and reasonably anticipated future medical costs.
- Lost wages. Severe brain injuries may force victims to miss time at work. Some people are left permanently unable to return to their jobs. A settlement or verdict can include recovery of the victim's lost income and benefits and compensation for any loss of future earning capacity.
- Pain and suffering. Brain injuries may cause tremendous physical pain and discomfort. The physical pain and suffering caused by a brain injury can be compensated in a personal injury claim.
- Emotional distress. Some brain injury victims may develop depression, anxiety, sleep disorders, and other mental health issues. They may lose interest in activities they once enjoyed or withdraw from social interaction. Mood swings, irritability, and personality changes may strain family relationships. Compensation for emotional distress aims to account for psychological harm.
- Disability and disfigurement. Some brain injuries result in permanent cognitive impairments, paralysis, loss of bodily functions, and other disabling conditions. Victims may be left scarred or disfigured. A brain injury claim can provide recovery for these life-altering losses.
- Loss of enjoyment of life. Even if a brain injury victim makes significant strides in recovery, their life may never be the same. They may be unable to participate in hobbies, sports, and other recreational activities. Basic tasks like driving, cooking, and self-care may become difficult. A settlement or verdict can include compensation for this overall loss of enjoyment of life.
- Punitive damages. In rare cases, if the at-fault party acted with gross negligence or willful misconduct, a jury may award punitive damages to punish the defendant and deter similar egregious behavior in the future.
How to Choose a North Myrtle Beach Brain Injury Lawyer
When selecting a brain injury attorney, you may consider:
- Relevant experience. While past results cannot guarantee future outcomes, consider the attorney's experience with traumatic brain injury claims.
- Personalized attention. A lawyer should take the time to listen to the injured party, answer their questions, and understand how their brain injury has impacted their life.
- Resources. Brain injury cases may require testimony from medical experts, accident reconstructionists, life care planners, and other specialists.
- Reputation. Again, past experiences do not guarantee an outcome in your case, but you may want to read client testimonials to learn more about the firm you are considering.
