A traumatic brain injury (TBI) is a life-altering event that affects numerous Florence residents each year. When a brain injury occurs due to someone else's negligence, such as a distracted driver or careless property owner, the injured person may have the right to seek compensation with the help of an experienced Florence brain injury lawyer.
The road ahead after a serious TBI can be overwhelming, filled with mounting medical expenses, lost income, and profound physical and emotional challenges. In the face of such difficulties, it's crucial to have a knowledgeable legal advocate who knows how to fight for the resources needed to rebuild and move forward.
An experienced Florence brain injury attorney can provide guidance through the claims process and work to secure appropriate compensation. By thoroughly investigating the accident, gathering evidence, and negotiating with insurers and opposing parties, lawyers like the ones at Derrick Law Firm work to level the playing field against insurance companies that may try to settle for less than the case is worth.
Steps to Take After a Florence Brain Injury Accident
After an accident, it is important to:
1. Seek Immediate Medical Attention
Brain injuries require prompt diagnosis and treatment to achieve the best medical outcome. Even if emergency responders say it's just a concussion or the person feels okay, follow up with a doctor right away. Some TBI symptoms may be delayed.
2. Document the Accident Scene
If possible, the injured person, a friend, or a family member should take photos of the accident scene, vehicle damage, and any visible injuries. They should also get contact information for the other parties involved and potential witnesses.
3. Follow Medical Advice
Brain injury patients must carefully follow their treatment plan, attend all appointments, and avoid activities that could cause another head injury during recovery. Keeping detailed records of doctor visits, medications, tests, and therapy could be helpful for a legal claim.
4. Report the Accident
South Carolina law requires drivers to report any accident involving injury, death, or property damage over $1000. The crash report can provide valuable evidence if the injured person files a claim. Other types of accidents may be reported to property owners, work managers, or other authorities.
5. Be Cautious When Dealing With Insurance Companies
The at-fault party's insurer may contact the TBI victim and ask for a recorded statement or try to settle quickly. Speaking with a Florence brain injury lawyer before providing statements or accepting offers may help protect legal rights.
6. Contact an Experienced Lawyer
Brain injury cases can be complex. A knowledgeable attorney can investigate an accident, gather evidence, handle communication with insurers, and advocate for appropriate compensation.
Common Causes of Traumatic Brain Injuries in Florence
According to the CDC, the leading causes of TBI-related hospitalizations include:
- Falls. Falls cause nearly half of all TBI hospitalizations. Slips and falls at stores, workplaces, or on poorly maintained properties may lead to brain injuries.
- Motor vehicle accidents. High-speed collisions, especially those involving large commercial trucks or drunk drivers, may cause severe TBIs. Pedestrians or cyclists hit by vehicles also suffer a high rate of brain injuries.
- Struck by/against events. This broad category includes accidents where the head is struck by or strikes against an object with great force. Examples include falling objects at construction sites, sports-related collisions, and physical assaults.
Other potential causes include near-drowning, suffocation, and electrical shocks. No matter how the brain injury occurred, when negligence is involved, injured people have the right to seek compensation.
How a Florence Brain Injury Lawyer May Help After a South Carolina Accident
The costs and complications associated with a traumatic brain injury add up quickly. The lifetime economic cost of a moderate to severe TBI can reach $4 million when accounting for medical care, lost productivity, and other injury-related expenses.
Insurance companies may offer settlements that don't fully account for long-term costs and impacts. They often seek to settle claims for as little as possible.
A skilled Florence brain injury lawyer can help address challenges with insurance companies by:
- Thoroughly investigating the accident to determine fault and identify all potential sources of compensation, such as the other driver's insurance, the injured person's own UM/UIM coverage, or a negligent third party like the trucking company that employed a reckless driver
- Calculating both economic and non-economic damages, including projected future medical needs, lost earning potential, pain and suffering, emotional distress, loss of enjoyment of life, and more
- Negotiating aggressively with insurers for a fair settlement while preparing the case for trial if needed
- Handling all legal aspects of the case so the injured person can focus on healing
- Offering support and standing up for the TBI victim's rights every step of the way
While each case is unique, and past results do not guarantee future outcomes, our attorneys work diligently to pursue these objectives for our clients.
Choosing a Florence Brain Injury Attorney
Someone who has suffered a brain injury in a South Carolina accident has the right to choose their lawyer. They may look for a lawyer who has:
Experience Handling Brain Injury Cases
Past results do not guarantee an outcome in a brain injury case because every case is unique and has different evidence, injuries, parties, and lawyers. However, experience does give lawyers an understanding of brain injury evidence evaluation, trial preparation, and possible challenges in brain injury cases.
A Commitment to Their Clients
Our dedicated legal team has been helping injured people in South Carolina since 1991. We strive to communicate with our clients honestly and respectfully as we work hard to get them the fair recoveries they deserve.
Our firm takes the time to get to know each client and tailor our approach to their unique needs. We collaborate with medical experts if necessary to assess injuries and evaluate potential damages.
Compensation Available in Florence Brain Injury Cases
While every case is different, people who have suffered a traumatic brain injury due to negligence may be eligible to seek:
Economic (monetary) damages:
- Current and future medical expenses
- Lost wages and reduced future earning capacity
- Rehabilitation and therapy costs
- Costs associated with home modifications or assistive devices
- Replacement services like childcare, housekeeping, or lawn care the injured person can no longer perform
Non-economic damages:
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of activities
- Loss of consortium
- Reduced quality of life
In rare cases involving gross negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct.
While no amount of compensation can undo the trauma of a severe brain injury, a financial recovery can provide support during healing and adaptation to life after injury. An experienced Florence brain injury lawyer will work diligently to pursue appropriate compensation for each client's situation.
