Slipping and falling on a wet floor at a Conway grocery store, getting into a car accident on Highway 501, being struck by a falling beam at a job site — these are just a few examples of how a traumatic brain injury can happen in the blink of an eye to Conway residents and visitors. When the unthinkable occurs, traumatic brain injury victims and their loved ones are left facing a difficult road to recovery that is often filled with mounting medical bills, lost wages, and an uncertain future.
The Conway brain injury lawyers at Derrick Law Firm understand the profound impact of traumatic brain injuries and work hard to pursue fair compensation for victims.
The Far-Reaching Effects of a Traumatic Brain Injury on Everyday Life
While some traumatic brain injury victims are fortunate to make a full recovery, many others experience life-altering changes that impact nearly every aspect of daily living. Even a seemingly "mild" concussion or brain injury can result in debilitating symptoms that make it difficult to work, attend school, maintain relationships, and complete basic self-care tasks.
Some of the most common issues that traumatic brain injury victims in Conway struggle with include:
- Cognitive difficulties. Many traumatic brain injury patients report problems with memory, concentration, problem-solving, multitasking, and other executive functioning skills. They may struggle to complete familiar tasks at work or school.
- Physical impairments. A traumatic brain injury can affect motor skills, coordination, vision, hearing, and other senses. Severe injuries may result in paralysis, chronic pain, or seizures.
- Communication problems. Language processing issues are common after brain injuries. A patient may have trouble finding the right words, understanding others, or following conversations.
- Emotional and behavioral changes. The brain controls emotions and behavior, so it's not uncommon for TBI patients to experience increased irritability, aggression, impulsivity, anxiety, or depression. Some develop dramatic personality changes.
- Social isolation. As the cumulative impact of TBI symptoms takes its toll, some people find it challenging to maintain relationships or engage in activities they once enjoyed. They may withdraw from friends and family.
The lifetime costs of treating a traumatic brain injury can quickly soar, placing an enormous financial and emotional burden on victims and their families. This is why it's so critical for Conway traumatic brain injury victims to understand their legal rights and options for recovering compensation.
What to Do After a Conway Brain Injury Accident
While prioritizing health, brain injury victims should also consider their legal rights. The steps taken after an accident can significantly impact the ability to recover compensation for medical expenses, lost income, pain and suffering, and other damages.
After a head injury in Conway, important steps include:
- Seeking immediate medical attention. Some symptoms of a traumatic brain injury are immediately apparent, while others may not show up until hours or days later. Prompt diagnosis and treatment is critical.
- Following medical advice. Brain injury patients should carefully follow treatment plans and restrictions set forth by the doctor, even if they are starting to feel better. Detailed medical records documenting the extent and impact of the injury will be essential evidence in any legal claim.
- Documenting the accident scene. If possible, the victim or a family member should take photos of the accident scene and get contact information for any witnesses. Write down any relevant details about the accident.
- Not discussing fault. The brain injury victim should avoid making any statements accepting blame for the accident or apologizing to the other parties involved. Anything they say could potentially be used against them by an insurance company.
- Contacting a Conway brain injury lawyer. Brain injury claims can be complex, high-stakes legal matters. An attorney can deal with insurance companies, investigate the accident, gather evidence, and handle settlement negotiations and litigation.
- Staying off social media. Insurance companies may monitor a brain injury victim's social media accounts to find posts that contradict or downplay the extent of their injuries.
Of course, when a traumatic brain injury is severe, the victim may not be able to take these steps themselves. Family members can advocate on their behalf and consult with an experienced Conway brain injury lawyer as soon as possible to discuss the situation.
How Conway Residents Commonly Suffer Traumatic Brain Injuries
A traumatic brain injury can happen anytime there is a bump, blow, jolt, or penetrating injury to the head that disrupts normal brain function. While most people associate brain injuries with high-impact events like car crashes, the reality is that a TBI can result from a wide range of accidents that may seem relatively minor at first glance. Even a simple fall or being struck by an object can have devastating consequences under the wrong circumstances.
Some of the leading causes of traumatic brain injuries in Conway include:
- Motor vehicle accidents
- Commercial trucking accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Slips, trips, and falls
- Sports and recreational accidents
- Physical assaults
- Falling objects striking the head
- Explosive blasts
Tragically, many brain injuries in Conway are the result of someone else's negligent actions, such as a distracted driver, an intoxicated motorist, or a store owner who fails to clean up a spill. When this is the case, brain injury victims may have grounds for a legal claim against the at-fault party.
Finding a Conway Brain Injury Lawyer
Many personal injury attorneys across South Carolina handle cases for Conway residents and visitors. When searching for legal representation, brain injury victims and their families should consider attorneys who:
- Have a track record of success in brain injury cases*
- Can take a case to trial if needed
- Work closely with medical experts
- Take the time to understand how the brain injury has impacted the victim
- Offer personalized attention and update clients regularly
- Do not charge legal fees unless and until they recover money for the client*
Most Conway personal injury lawyers offer free initial consultations*, which give brain injury victims a chance to get to know the attorney and learn more about their legal rights and options before deciding to pursue a claim.
The Legal Process After Hiring a Conway Brain Injury Lawyer
Once a traumatic brain injury victim hires an attorney to represent them, the legal process typically proceeds along the following lines:
- The attorney conducts an in-depth investigation into the accident, gathering physical evidence, interviewing witnesses, and reviewing police reports and medical records.
- The attorney may consult experts (such as accident reconstruction specialists and neurologists) to provide supporting testimony about how the accident occurred and the extent of the resulting brain injury.
- The attorney assesses the full extent of the damages the brain injury victim has incurred and will continue to incur.
- The attorney submits a demand letter to the at-fault party's insurance company detailing the facts of the case and the compensation the brain injury victim is seeking.
- The insurance company responds to the demand letter. In most cases, settlement negotiations begin.
- If an agreeable settlement cannot be reached, the attorney files a formal traumatic brain injury lawsuit in court.
- The discovery phase of litigation begins. This may include depositions, written questions, and requests for documents.
- Mediation may be attempted to avoid a trial.
- If the case is not settled, it will proceed to trial before a judge and jury.
- If the jury decides in the brain injury victim's favor, it will award damages. If the defendant wins, the victim receives nothing.
Many traumatic brain injury cases are settled before going to trial. However, it's important to choose a Conway brain injury lawyer with strong litigation skills who will be ready to argue the case in court if the insurance company refuses to make a fair offer.
Compensation Available in a Conway Brain Injury Case
While the value of a brain injury claim depends on the unique facts of the case, a victim may be entitled to compensation for:
- Current and future medical expenses related to the brain injury
- Lost wages and diminished future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive damages may also be available if the at-fault party acted with gross negligence or intent to harm.
