The legal implications of traumatic brain injuries (TBIs) are that negligent parties must cover the cost of victims’ injury-related damages. The state’s laws hold negligence as the standard for liability in civil cases. Therefore, a Rutherfordton personal injury lawyer from our firm will work to prove the liable parties’ negligence, which will lay the groundwork for your financial recovery.
Although there is a legal framework for you to secure compensation for your injuries, you cannot assume that a settlement will come to you without a pursuit. Our firm will actively fight for the compensation you deserve while you recover from your TBI.
Our firm is familiar with South Carolina’s civil code, including statutes relevant to your TBI case. When someone needs financial compensation for a brain injury, we must prove negligence. Once we prove negligence, we can prove the liability of those responsible for your brain injury.
You Could Seek Compensation If You Are Partially Responsible for Your Brain Injury
South Carolina Code of Laws § 15-38-15 covers the state’s approach to comparative fault. The state generally mandates that:
- If you are responsible for 50% or less of an event that contributed to your brain injury, you are legally allowed to seek compensation for your damages.
- The compensation you receive should be proportional to the fault you share for the accident.
Contributory/comparative negligence statutes are unique to each state, and our traumatic brain injury lawyers are familiar with South Carolina’s approach. Whether or not comparative negligence is a factor in your case, we will determine who owes you compensation—and exactly how much compensation they owe you.
An Example of How Comparative Negligence Works in South Carolina
To understand what comparative negligence means, consider an example:
- One motorist is driving while texting on their phone but is otherwise obeying the rules of the road.
- As the texting motorist proceeds through an intersection, another motorist runs a red light and strikes their vehicle.
In this case, insurers and attorneys may determine that the motorist who ran the red light is primarily responsible for the accident—perhaps 90% responsible. The texting motorist may be assigned 10% fault, as one may argue that they may have made an evasive maneuver if they had been more alert.
If necessary, our team will evaluate your case through the lens of comparative negligence. Even if you are partially at fault for the circumstances that led to your injury, you are very likely entitled to compensation for what you have suffered due to the other party’s fault.
South Carolina’s legal and insurance frameworks provide a few ways to seek compensation. The two primary means of securing a financial recovery are:
- Insurance claims
These insurance claims and lawsuits may relate to car accidents, workplace accidents, and a host of other harmful events. Our team will evaluate your circumstances and explain which approach could benefit you.
Personal Injury Lawyer Near Me 828.286.3866
Of all the injuries you can suffer, a brain injury may be among the most serious. The Mayo Clinic lists the symptoms of a serious brain injury, which may include:
- Sensory problems, which may include acute sensitivity to light and sound
- Memory deficits
- Cognitive problems
- Balance and coordination problems
- Changes or loss of sensation in your extremities
- Speech problems
A brain injury may cause long-term or even permanent symptoms. Our attorneys will work with your doctors and our own medical professionals to evaluate your injury. Our familiarity with the nature and symptoms of brain injuries could save us time as we fight for your financial recovery.
Some Brain Injuries Cause the Victim’s Death
Tragically, some brain injuries cause the victim’s death. Even if the injury is not immediately fatal, a victim’s quality of life may diminish. The victim may pass away earlier than they would have if they had not suffered the TBI.
Our South Carolina wrongful death lawyers represent clients affected by fatal brain injuries.
Having represented many clients with brain injuries, we know your recoverable damages may include:
- Medical costs: We will seek compensation for the cost of diagnosing and treating your brain injury. Because brain injuries are potentially life-threatening, you may need several forms of costly medical care.
- Pain and suffering: A brain injury usually causes pain and suffering, which can include depression, anxiety, physical pain, sleep problems, and a lost quality of life.
- Mental health-related treatment: We will seek compensation for the cost of any counseling, medications, or other mental health treatment you need after suffering your injury.
- Professional harm: You deserve fair compensation for lost income, lost bonus opportunities, diminished earning power, and other professional harm resulting from your TBI.
- Property costs from the event that caused your TBI: For instance, a car accident victim who has a brain injury may need compensation for vehicle repairs and temporary transportation.
- Rehabilitation expenses: We will identify your rehabilitation needs and the cost of those services.
- Transportation costs: We will calculate the cost of transportation related to your injury, such as the cost of gas and wear and tear on your vehicle as you go to and from doctor’s appointments.
- Disability-related costs: If your brain injury qualifies as a disability, we will calculate the cost of medical equipment, caregiver services, and other disability-specific expenses and damages.
A serious brain injury may cause harm in virtually every area of your life. For this reason, our legal team will take a comprehensive approach when evaluating your damages.
Recoverable Damages in a Fatal TBI Case
We offer our sympathies if you have lost a loved one to a fatal brain injury. In addition to some of the damages listed, you may need compensation for:
- Grief and other pain and suffering
- Pain and suffering the decedent experienced before death
- Funeral and burial expenses
- Loss of a spouse’s companionship
- Loss of a parent’s guidance
- Loss of the decedent’s financial support
- Loss of the decedent’s contributions to their household
A wrongful death is the most serious, expensive outcome of a brain injury. Our wrongful death lawyer will learn about your loved one and determine what their passing has cost you and other loved ones.
Before you can determine whether you should hire a South Carolina brain injury lawyer from our team, you must understand the potential benefits of having a lawyer on your side.
Brain injury victims hire attorneys because:
- They recognize the value of legal experience: Lawyers bring several benefits to the table, including knowledge and experience. Our attorneys know South Carolina law, legal procedures, and various strategies that may apply to your case. We have won compensation for many clients with brain injuries, and it’s difficult to measure the value of this experience.
- They decide to prioritize their health: There can be no question that your health is most important. When you outsource your case to an attorney, you allow yourself the time necessary to rest and recover.
- They embrace a law firm’s financial support: Our firm will pay the cost of completing your case. We will only receive a fee if we secure compensation for you. This financial support may be immensely valuable during a turbulent time in your life.
- They know how costly a brain injury can be: By the same token, they recognize that failing to secure a fair settlement could be financially catastrophic. You may take an “all hands-on deck” approach to your case, choosing to accept the help of a lawyer rather than trying to handle your case on your own (and potentially losing).
Our firm is intent on securing the financial result you deserve.
Case Types Our South Carolina Personal Injury Attorneys Handle
Several specific case types fall under the broader umbrella of “traumatic brain injury” cases. These case types include:
- Animal attacks
- Medical malpractice cases
- Workplace accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Criminal assaults
- Negligent security cases
- Premises liability cases
If you or a loved one suffered a brain injury under circumstances not listed here, we may still be able to help you. Contact our team to discuss your circumstances today.
We will lead your insurance claim or lawsuit in its entirety, which will require us to:
Create a Detailed Record of Your Damages (With a Monetary Value for Each)
We will document each of your damages using:
- Medical bills, records, and images
- Proof of your pre-injury income, which can prove the income you lost because of your brain injury
- Invoices for injury-related transportation costs and property expenses
- Any other documentation that illustrates the cost of your TBI
Our attorneys will then assign an accurate financial value to each damage, allowing us to determine how much money you are entitled to.
Pursue a Fair Settlement
The goal of your case is a fair financial recovery, and settling can be the most efficient way to secure the money you deserve. Our attorneys have obtained significant settlements for countless clients, and we will utilize all leverage as we seek the compensation you are entitled to.
Complete Any Necessary Trial
We will prepare your case for trial and won’t blink if we must transition from settlement negotiations to court.
Oversee the Administrative Details of Your Case
This includes two crucial aspects of your case:
- Paperwork, which we fill out completely, accurately, and fully, and then submit on-time to the right party.
- Communications, which are a vital aspect of any brain injury case.
By allowing our firm to handle these duties, you will protect your rights and prevent any administrative delays.
There is no out-of-pocket cost to hire a South Carolina TBI attorney from our firm. Our fee structure benefits you because:
- You don’t pay an upfront cost to hire our firm.
- We cover the expense of completing your case (including the considerable time necessary to build a strong case).
- You agree to pay us a percentage of any compensation we secure for you.
If we win for you, our team will receive our earned percentage of your recovery. If we don’t (which is never the plan), you won’t owe our firm a cent.
If you choose not to hire an attorney, you risk:
- Neglecting your recovery
- Becoming psychologically overwhelmed by your case’s demand
- Failing to build as strong a case as you would hope to (perhaps because you’re splitting your time between recovery and your case)
- Failing to secure the compensation you need
When we are talking about a brain injury, you must recognize the stakes of losing your case are high. If you must pay out of your pocket for medical bills or any other damages related to your TBI, the cost could be crushing.
We are a fast-responding team of dedicated legal professionals. With a long list of accomplishments and accolades, you can trust our firm’s South Carolina TBI lawyer to fight for the compensation you deserve.
Call Farmer & Morris Law, PLLC, today for your free consultation.