Charlotte Traumatic Brain Injury Lawyers
Solutions for Your Complex Legal Issues
If a person is struck in the head, he or she may suffer a traumatic brain injury (TBI), such as a concussion, a contusion (brain bruising), or a diffuse axonal injury. Any type of brain injury, whether mild or severe, has the potential to cause permanent disability or even wrongful death. If one of your family members suffered a head injury or brain injury due to the careless acts of another person, you have a right to get answers for what happened. You may be able to get compensated – and hold the negligent person responsible – by filing a claim for TBI in North Carolina. The Charlotte traumatic brain injury attorneys at Ramsay Law Firm, P.A. can help.
Our attorneys have more than 25 years of experience helping brain injury victims and their loved ones file personal injury and wrongful death lawsuits in pursuit of justice and fair compensation under the law. We understand what it takes to maximize your recovery and can work around the clock on your behalf to build your case and tell your side of the story. We can answer your legal questions, advise you of your rights and options, and be there to provide a supportive shoulder as you and your loved ones go through this challenge together. Most of all, we will fight to deliver the closure you need to move forward with your lives.
Traumatic Brain Injury Causes and Effects
Brain injuries are typically caused by one of the following events:
- The victim is hit in the head by an object.
- The victim’s head slams against a hard surface, which often occurs in accidental falls.
- The victim is violently rattled or shaken, causing the brain to strike the inside of the skull. This type of brain injury is common in victims of serious car accidents.
- The victim’s skull is penetrated by a knife, projectile, bullet, or blunt object.
Traumatic brain injuries can produce a wide range of effects depending on certain factors.
Factor 1: Size, location, and depth of the injury. This is due to the fact that different areas of the brain regulate different functions and abilities. For example, an injury to the occipital lobes, which are located toward the back of the head, are more likely to cause vision problems or loss of vision than injuries to other areas of the brain.
Factor 2: How quickly the victim is able to receive medical treatment. A person who has hit their head may appear to speak and act normally and may feel as though they are fine, even seeming to make a recovery – a phenomenon known as a “lucid interval” – when in reality, the brain is already swelling and bleeding. The longer this condition persists, the more lethal the injury becomes. Therefore, it is critical to seek immediate emergency care for proper diagnosis, even if the injury does not initially seem serious.
Factor 3: Whether the victim has suffered other concussions or brain injuries in the past. Over time, multiple brain injuries can have a cumulative effect that causes repeat injuries to produce more serious effects than a single injury. This effect is most frequently observed in athletes.
Depending on these and other variables, the effects of a brain injury may include any of the following:
- Chronic headaches/pain
- Difficulty balancing or walking correctly
- Loss of sensation
- Memory loss or difficulty forming memories
- Mood disorders or emotional changes
- Reduced ability to smell or taste
- Reduced mobility
- Speech problems
- Vision problems, such as blurred vision
- Diminished cognitive function (thinking, reasoning, learning new information)
Given the variety of symptoms and the difficulty some doctors have connecting them to the TBI, treatment is often delayed or not provided at all, and the patient continues to suffer, often unaware of the cause of his problems. Even when a TBI victim has been correctly diagnosed, the variety of symptoms can make treatment expensive and difficult.
Legally, it is often difficult to prove that symptoms suffered by a TBI victim are directly related to the TBI as doctors can be slow to diagnose the connection and proving that a TBI has caused the symptoms that a person describes to the jury in court can be difficult. Also, many of the people who serve on juries have trouble believing that a head injury can cause so many different problems, not all of which are related to the victim’s brain function. All of these factors make it more difficult for a TBI victim to win a full recovery of damages for the injury.
Compensation for Traumatic Brain Injury in NC
Monetary and non-monetary compensation may be available for the victim of a serious head injury in North Carolina. In other words, the victim may be able to recover compensation for financial losses, as well as compensation for the physical and emotional suffering that he or she has endured because of the injury.
Compensation, which is alternately referred to as “damages,” may be recoverable not only for hardships the victim is currently experiencing but also the losses and expenses that are expected to arise in the future. “Compensatory damages” attempt to make the victim “whole” as possible by compensating his or her losses, while “punitive damages” are intended to send a message and punish the defendant. For this reason, punitive damages are awarded only in cases where the defendant’s actions were particularly extreme.
Examples of compensatory damages that might be available in a TBI lawsuit include the following:
- Anticipated medical bills
- Current medical bills
- Funeral and burial expenses, in TBI cases involving wrongful death
- Loss of “consortium,” which refers to losses sustained by the victim’s spouse, such as household care, companionship, and affection
- Loss of income
- Pain and suffering
- Reduction to earning capacity (future lost income)
Our Charlotte TBI attorneys can guide you through the claims process when you call us at (704) 376-1616 to schedule your free consultation.
A brain injury can forever change every facet of the victim’s life – not only financially, but physically, mentally, and emotionally. In the wake of such a devastating injury, the victim or family members may want to explore their legal options for pursuing compensation and holding the negligent party accountable.
If you have suffered a TBI, even a minor one, and are suffering from symptoms that you never experienced before being injured, stay on top of your healthcare providers. While not all symptoms that a person may suffer from are necessarily caused by a TBI, the range of symptoms is great and it may take some time to get a correct diagnosis.
Hire a board certified Workers' Compensation attorney today to start fighting on your behalf!