A traumatic brain injury (TBI) can be a life-changing event that raises many legal questions. At Derrick Law Firm, we provide legal representation for individuals affected by brain injuries. An experienced Murrells Inlet brain injury lawyer can help explain the legal options available and guide individuals through the process of seeking compensation. While every case is different, and past results do not guarantee future outcomes, this guide offers general information about brain injury claims in South Carolina.
How Traumatic Brain Injuries Occur in the Murrells Inlet Area
Traumatic brain injuries happen in many ways, but some common causes seen by Murrells Inlet brain injury lawyers include:
Motor Vehicle Accidents
Car accidents, truck wrecks, and motorcycle crashes can result in traumatic brain injuries. The forceful impact of a collision can cause the brain to hit the inside of the skull, the vehicle, the ground, or another object, resulting in a concussion or more severe TBI.
Slips, Trips, and Falls
According to CDC data, falls are a leading cause of TBI-related emergency room visits. These incidents may occur in various locations, including businesses, residential properties, or public spaces where hazardous conditions exist.
Sports and Recreation Accidents
With many golf courses and opportunities for boating and watersports in the Murrells Inlet area, brain injuries sometimes occur during sports and recreational activities like boating or jet skiing.
Work Accidents
Brain injuries can occur in various workplace settings, from construction sites to office environments. When workplace accidents result in brain injuries, individuals may be able to recover workers’ compensation benefits.
Nursing Home Abuse and Negligence
Brain injuries in nursing homes may result from falls, medication errors, or inadequate supervision. When nursing home residents experience brain injuries due to substandard care or negligence, family members may have legal options.
Steps to Consider After a Brain Injury
People who suffer brain injuries can’t always control what happens next. Their injuries may prevent them from taking action. However, when possible, it is important to:
1. Seek Emergency Medical Care
Seeking prompt medical attention after any head injury is crucial, even if symptoms seem mild initially. Some brain injuries may have delayed symptoms. Failing to see a doctor not only puts a brain injury victim’s health at risk but it can also be used against them by insurance companies who may argue the injuries aren't that severe.
2. Report and Document the Accident
If a brain injury occurred in an auto accident, the crash should be reported to the police. The appropriate authority, like a business owner or property manager, should be notified after other types of accidents. It's important to get a copy of the official accident report.
3. Gather Information and Evidence
When possible, collecting relevant information may be helpful. This information includes, but may not be limited to:
- Names and contact details of witnesses
- Photos of the accident scene, visible injuries, and property damage
- Medical records and related documents
4. Be Cautious When Communicating With Insurers
TBI victims may need to report the accident to relevant insurance companies. However, they should be very careful what they say. It can be essential to stick to the basic facts and not to admit fault or downplay injuries.
Insurance adjusters may try to get TBI victims to accept quick settlements before they understand the full extent of their injuries and losses. Brain injury victims should consider consulting with a knowledgeable Murrells Inlet brain injury lawyer before accepting any offers or signing documents. Once they accept an offer, they waive their right to pursue further compensation.
5. Rest and Follow Through with Medical Care
TBI survivors should take their recovery seriously and follow prescribed treatment plans. This may include following doctors’ recommendations, attending follow-up appointments, and completing recommended therapies.
Reasons to Consult a Murrells Inlet Brain Injury Attorney After an Accident
The road to recovery after a brain injury may be long and expensive. If someone else's negligence caused a person's TBI, the victim shouldn't have to bear these burdens alone. That's when they may need the help of an experienced Murrells Inlet brain injury lawyer. Here are some of the reasons to work with an attorney:
Brain Injury Claims Are Complex
Traumatic brain injury cases are often complicated, both medically and legally. They can require in-depth knowledge of South Carolina laws and the unique needs of TBI patients.
TBI Victims Need to Focus on Recovery
Dealing with insurance companies and legal proceedings is stressful under any circumstances, let alone while struggling to recover from a catastrophic brain injury. Hiring a Murrells Inlet brain injury attorney allows TBI victims to focus on their physical and mental recovery while the lawyer handles the case.
Insurance Companies Don't Have Victims' Best Interests at Heart
Insurance companies evaluate claims based on their own criteria. Legal representation may help in understanding and responding to insurance communications.
Filing a Brain Injury Lawsuit May Be Necessary
Many Murrells Inlet brain injury claims start as insurance claims. However, if insurers refuse to offer a fair settlement, filing a personal injury lawsuit against the negligent party may be necessary. An experienced Murrells Inlet brain injury lawyer will be prepared to take the case to trial if needed.
What to Look for in a Murrells Inlet Brain Injury Attorney
A TBI victim's choice of a brain injury lawyer can be important. Here are factors to consider when seeking legal representation:
Experience with Brain Injury Claims
Not all personal injury lawyers have the same experience. Consider asking about an attorney's background with brain injury cases and their understanding of these matters. Each case is unique and will be evaluated on its specific circumstances.
Knowledge of Brain Injuries
It's important to find a lawyer who thoroughly understands the medical side of brain injuries, including the diagnosis, treatment, and long-term effects of TBI.
Commitment to Client Service
Consider how the attorney and firm communicate with clients and handle case updates. Clear communication helps clients stay informed about their legal matters.
Trial Experience
While many cases are resolved through settlement, some proceed to trial. Consider asking about an attorney's approach to settlement negotiations and trial preparation.
Resources to Build a Strong Case
Traumatic brain injury cases often require testimony from expert medical witnesses and other specialists. Consider whether a firm has access to appropriate resources for case preparation.
Damages Recoverable After a Murrells Inlet TBI Accident
A severe traumatic brain injury can impact nearly every aspect of a person's life. When someone else's negligence causes a TBI, victims may be able to seek compensation for:
Medical Expenses
A brain injury claim can compensate for medical bills related to emergency treatment, hospitalization, surgery, medication, rehabilitative therapy, medical equipment, home health assistance, and future care costs. TBI medical expenses are often substantial.
Lost Income
If a brain injury prevents the victim from working, they can seek recovery of lost wages, loss of earning potential and forfeited employment benefits. A lawyer can help calculate the full value of the lost income.
Pain and Suffering
Brain injury victims often experience physical pain, emotional anguish, mood changes, lost enjoyment of life, and strained relationships. Pain and suffering damages aim to compensate for these profound but intangible losses.
Cognitive Impairments
Some Murrells Inlet TBI survivors are left with lasting cognitive deficits that impact memory, concentration, perception, communication, and reasoning. A brain injury settlement or award should account for cognitive losses.
Disability and Disfigurement
Brain injuries sometimes result in permanent disability, paralysis, speech difficulties, or disfiguring scars. An attorney may seek additional compensation for disability, disfigurement, or loss of mobility caused by TBI.
Each case is unique, and damages are evaluated based on liability, the extent of injuries, the quality of evidence, and other factors.
