A traumatic brain injury (TBI) can be caused by trauma ranging from a straightforward head injury to a brain injury that penetrates the skull. An estimated 1.7 million Americans experience a traumatic brain injury.
According to the National Center for Biotechnology Information,TBI, particularly moderate to severe TBI, is a leading cause of injury-related death and disability. It affects approximately 500 people per 100,000 in the United States each year. However, approximately 80% of all TBI cases are classified as mild head injuries.
We have worked with many clients who have suffered catastrophic injuries, including traumatic brain injuries, or TBIs. These injuries cause severe brain damage affecting a person’s personality, social skills, motor skills and decision-making ability.
A traumatic brain injury doesn’t just affect the victim, it impacts their family as well. If you or a loved one sustained a traumatic brain injury, you could seek compensation for injuries and medical expenses. Brain injury victims, in particular, benefit from having a lawyer who is familiar with and knowledgeable about their condition.
You may be able to recover compensation for:
Many brain injuries result from brain tissue bruising, bleeding, twisting, or tearing. Brain trauma can occur not only at the time of the accident but also, over time, as tissues in the head swell and bleed. Traumatic brain injuries can impair the brain’s functions permanently or temporarily, leaving the victim in varying states of incapacitation.
Since TBIs are caused by a blow to the head, they can occur in various situations.
Over 40 percent of TBIs are caused by falls. Additionally, 15.5 percent are caused by blunt force trauma, 14.3 percent by automobile accidents, and 10.7 percent by assaults. As traumatic brain injury lawyers, we often see TBI victims injured by:
It’s possible to sustain a traumatic brain injury without being diagnosed by a doctor. Often, the only way to detect a mild traumatic brain injury is by monitoring the victim in the days and weeks after the accident.
If you think you or a loved one may be suffering from a traumatic brain injury, look out for warning signs. If any of these symptoms develop, call your doctor or go to an emergency room immediately:
If a child experiences a traumatic brain injury, it may be harder for them to explain their symptoms or how they feel. Adults should look for the following symptoms in children who may have a traumatic brain injury:
TBIs are classified as either open injuries or closed injuries, depending on how the injury occurred.
Once a traumatic brain injury is classified as open or closed, a doctor can evaluate it based on how severe the damage and symptoms are. The injury will be categorized as either mild, moderate, or severe.
Aside from the symptoms mentioned above, TBIs can cause irreversible or fatal health problems. Severe complications of traumatic brain injuries include:
In a coma, the victim is unconscious and unable to communicate. Some comas last a few days or weeks while others last for the victim’s life.
A serious brain injury victim in a vegetative state may be able to open their eyes, move, or make noise. Victims may be in a vegetative state permanently or transition into a minimally conscious state.
Victims in a minimally conscious state will have an altered level of consciousness while remaining aware of their surroundings. Though this is a severe medical condition, recovery is possible.
Caused by a stroke, locked in syndrome leaves victims awake and aware but without the ability to move.
A traumatic brain injury victim suffering from brain death will have no measurable brain activity.
This condition usually affects victims of multiple TBIs (football players, boxers, etc.). CTE can have severe side effects, like memory loss, impaired judgment, or a drastic change in personality or behavior. Currently the only way to diagnose CTE is through autopsy, though doctors and researchers are working on finding a better way.
A personal injury lawsuit involving a concussion typically ranges from $20,000 to $80,000. More serious concussion injury cases (those with ongoing complications) may have a settlement value of $125,000 or higher. When it comes to concussion settlements and verdicts, the ranges of settlement values and judgments vary greatly. Following the arrival of law enforcement and the exchange of all insurance details, you should think about getting medical attention right away, especially if you believe you have suffered a concussion. If you choose to make a claim in the future, any medical records you have gathered will be helpful. The next step is to speak with a personal injury attorney as soon as possible to review your options. They can assist you in obtaining compensation from the at-fault driver’s insurance provider. They will be aware of the appropriate evidence to gather and how, if necessary, to negotiate with the insurance provider or the defense lawyer.
If you or a loved one is considering filing a brain injury claim, you might be wondering whether you need a lawyer and what the advantages of having a lawyer represent you are.
Because brain injuries are so complex, traumatic brain injury claims can be pretty challenging. You’ll need to understand how to navigate the legal system and stay within the confines of North and South Carolina’s personal injury laws to pursue a claim successfully.
This goes beyond simply demonstrating the full extent of your injury to the insurer or courts. It is in your best interest to have legal assistance because most people without a legal background lack the experience to handle these cases.
There are many different ways a brain injury attorney can assist you. Here are three of the most significant advantages they can offer:
1. A traumatic brain injury lawyer can construct the strongest possible case
Traumatic brain injury cases can be challenging to win. A traumatic brain injury lawyer may have the resources and legal knowledge required to assist with:
● Collecting evidence to back up your traumatic brain injury claim
● Obtaining medical expert testimony
● Creating and presenting your case to insurers or a court of law
2. A traumatic brain injury attorney will fight for the best possible settlement
You can mention all the damage associated with the injury on your claim if someone else was at fault or contributed to your (or a loved one’s) brain injury. You might be able to sue for many kinds of damages, but you might not be aware of them.
Suppose you have a traumatic brain injury lawyer advocating for you. In that case, they can assist you in compiling a thorough list of all your damages, along with the supporting documentation, to ensure that you receive a just settlement covering all your losses.
3. A traumatic brain injury attorney will safeguard your best interests
Head injury lawyers are familiar with the unique issues related to head trauma and traumatic brain injury. This covers the typical causes of these wounds, the nature of brain damage and recovery, how to establish fault in an accident that results in a severe head injury, and the long-term financial implications of treating severe traumatic brain injury.
With this information and individualized care for your case, your traumatic brain injury attorney will uphold your interests throughout the proceedings.
You might be able to file a lawsuit to get your money back if the insurance provider denies your claim for a TBI. You must still demonstrate that another person’s carelessness caused your injuries.
If you or a loved one has received the necessary medical care and believe that negligence caused your injury, it is time to speak with a traumatic brain injury attorney to discuss your legal options. The most crucial thing is to focus on your recovery and adhere to your doctor’s orders. Your traumatic brain injury lawyer and their team will support and counsel you and your family through these difficulties if you are owed compensation or are facing challenges with insurance matters.
It’s critical to remember that there is a deadline for filing a lawsuit. The statute of limitations in North and South Carolina is three years from the date of your injuries.
Social Security disability benefits (SSDI) may be available to applicants with severe TBI-related long-term physical and mental impairments. Traumatic brain injury was added as a new disability category (listing 11.18) under neurological disorders by Social Security in late 2016.
To be eligible for benefits under the listing, your health records must show that you:
● Are unable to control the movement of at least two of your extremities for at least three months after the injury (either an arm and a leg, two arms, or two legs). Due to this, standing up from a seated position, walking, or using your arms to balance must be extremely difficult.
● A “marked” limitation (for at least three months following the injury) in any one of the following areas, in addition to “marked” physical issues:
1. Thinking (trouble understanding, recollecting, or following instructions or other information)
2. Finishing tasks (problems with focus, perseverance, or speed)
3. Regulating emotions and behavior (difficulties with responding to demands, adjusting to changes, or being aware of common dangers) and interacting with others are all examples of poor emotion regulation and behavior control (problems with socially appropriate behavior)
Tax laws can be complicated and whether traumatic brain injury damages are taxable or not depends on a few factors.
Imagine you filed a lawsuit and claimed you had a traumatic brain injury. Did you reach an amicable resolution? Did you receive your compensation either after a trial or directly from the judge? It is always possible that you will be required to pay taxes due to the origin-based taxation of recovered damages. In contrast to a settlement from a personal injury case, wrongful termination settlements are subject to a different tax.
Compensation damages are typically exempt from taxes. Both the federal government and your state are affected by this. Loss of wages, medical expenses, prescription drug costs, and other costs are examples of compensatory damages.
Punitive damages, which may also include emotional distress, on the other hand, are tax-deductible. The amount should be reported to the IRS as “Other Income.” The amount is still taxable even if you received the punitive damages as part of a personal injury settlement.
At DeMayo Law Offices, we know TBIs can be an enormous source of stress and pain. Our lawyers are standing by to discuss your case, so you can focus on your family. Contact us 24/7 by calling (877) 333-1000.
At DeMayo Law Offices, Your North Carolina Law Firm™, we have been able to build an excellent reputation within our community. We serve victims of traumatic brain injury throughout North and South Carolina. Our legal team is available 24/7, so you never have to wait long for a callback. We have four conveniently located offices in Charlotte, Hickory, and Monroe, North Carolina, and another in Columbia, South Carolina.
Contact DeMayo Law Offices, Your North Carolina Law Firm™, at (877) 333-1000 if you or a loved one has suffered losses due to a defective medical product. We will provide you with a free initial consultation.