From a mild concussion to a traumatic brain injury that leaves the victim in a vegetative state, brain injuries run a gamut of severity and recovery prognoses. Healing from a serious brain injury may take weeks or even years. After a catastrophic brain injury, it’s hard to know whether the victim will once again be the person they were before the incident. We can help you. Contact Maxey McFarland Law today for a free consultation with a compassionate, experienced Greenville brain injury lawyer.
Have you suffered a brain injury in an accident that was someone else’s fault? You may have grounds to seek compensation through a brain injury claim or lawsuit. The money you get may be used to provide the much-needed care and medical treatment to help you recover and lead a fulfilling, meaningful life.
Traumatic Brain Injuries
There are two types of traumatic brain injuries:
Traumatic Brain Injury
A traumatic brain injury symptom is any injury to the brain that affects its function. A closed traumatic brain injury is one in which the brain is injured without penetration of the skull. The injury to brain tissue happens when concussive force, like a blow to the head, causes the brain to collide with the interior of the skull. The impact tears and bruises the brain tissue. It can cause swelling and bleeding, further damaging the brain’s tissue.
TBIs are rated in three degrees: mild, moderate, and severe. Most people with a mild TBI can make a full recovery, often with just rest and time. Those with a moderate TBI may make a full recovery but often require therapy. This could be occupational, physical, or speech therapy, where they must re-learn certain skills or adapt to cognitive changes. Those who suffer a severe TBI may never be the same. In some cases, the injury results in cognitive deficits, and victims may need accommodation in a dedicated memory care home.
Penetrating Brain Injury
A penetrating brain injury is a traumatic brain injury in which a foreign object penetrates the skull. The most common type is the impact of a bullet. These injuries may frequently occur in car accidents, too, when pieces of the car penetrate the skull and damage brain tissue. Penetrating injuries may also be classified as mild, moderate, or severe.
Non-Traumatic Brain Injuries
Someone could get into an accident or be injured and suffer a non-traumatic brain injury, as well. Hypoxic or anoxic brain injuries occur when the brain is deprived of oxygen. Cell damage begins to occur. The seriousness and extent of the injury depend on how long the brain is without oxygen or only partially supplied with oxygen. Some people may recover, while others suffer permanent cognitive impairment.
Degenerative brain injury refers to the impact of a neurodegenerative illness or disease on the brain. Alzheimer’s Disease, Parkinson’s Disease, and Lewy-Body Dementia are three among many conditions that result in a degenerative brain injury.
How Do Brain Injuries Happen?
A brain injury can happen at any time, even after a nasty fall at the grocery store. Some of the most common ways someone could suffer a brain injury include:
- Car accidents
- Slip or trip and fall incidents
- Workplace accidents
- Bike or motorcycle wreck
- Fall from heights
- Hit by a falling object accidents
- Assault
- Firearm-related injury
- Complications after a head injury due to certain medications
Traumatic brain injuries are mostly preventable. If another party’s negligence or wrongdoing caused the incident that led to your traumatic brain injury case here, they should be held accountable. Our legal team of Greenville brain injury lawyer can help you pursue the compensation and justice you deserve.
The Long-Term Impact of Brain Injuries
Unlike other types of physical injuries, a brain injury doesn’t just affect you physically. Some people may have a significant shift in their personality and temperament. Others may be unable to complete cognitive tasks they were once able to perform with ease.
Some of the physical consequences of a brain injury include:
- Trouble remembering how to speak or difficulty communicating
- Gross or fine motor skill deficits or trouble walking or moving
- Sensory disturbances
- Seizures
- Sensitivity to light or sound
- Narrowing blood vessels, which can increase the risk of stroke
It’s important to note that people who have had one concussive brain injury are at a higher risk for reinjury. If reinjured, they have a greater chance of suffering more severe complications or cognitive problems.
Brain injury victims also suffer emotional and psychological effects. Depending on the part of the brain that was injured, the victim may have difficulty controlling their emotions or have a radical shift in personality. For example, people who were once calm or passive may have frequent angry outbursts. If the victim suffers compromised cognitive function, they could fall into depression over their changed abilities. Brain injuries may also cause the victim to develop mental illnesses like anxiety or depression. Some people may also suffer from PTSD due to the circumstances of the accident.
All of these changes in the brain injury victim may impact their relationships with friends and family or affect their work or school relationships. If the victim suffers a severe or penetrating brain injury, however, a family member may be thrust into the role of caregiver. This further complicates and possibly damages the relationship.
Legal Responsibilities and Liability in Brain Injury Cases
Often, in personal injury cases, a brain injury happens because one party abandoned their duty of care for the safety of others. This could be a negligent or reckless driver or a construction site owner who doesn’t put proper safety protocols in place to prevent accidents. It could be a property owner who fails to keep their premises safe for visitors.
The negligent person or entity can be held liable for any injury someone suffers because of their lack of care, medical attention, or oversight. In cases of a brain injury-causing accident, that negligent entity can be legally liable for the losses the victim suffered. This includes paying for a specialist or the ongoing medical care required to rehabilitate the brain injury.
What Kind of Compensation Can I Get in a Brain Injury Case?
You can claim economic and non-economic compensation in a brain injury case. Economic compensation covers tangible losses, like an ambulance ride or emergency room visit. It also includes:
- All past, present, and future medical expenses for the medical care required to treat the brain injury, including lab tests or an MRI, specialist care, surgery, and prescription medication
- Accommodation in a nursing home, memory care facility, or in-home health and personal care
- Rehabilitative therapy, like occupational or speech therapy
- Lost wages from time missed at work
- Loss of earning potential if you have to take a lower-paying job or cannot work due to the extent of your injury
Your non-economic compensation covers losses that, while intangible, have value, like:
- Pain and suffering from the injury
- Emotional trauma and mental distress
- Loss of companionship and consortium
- Diminished quality of life
Statute of Limitations for South Carolina Brain Injury Suits
If you want to proceed with legal action for your brain injury, you should act fast. The South Carolina statute of limitations allows you to file a lawsuit against the at-fault party three years from the date of the injury. A Greenville brain injury attorney can help you file a lawsuit before the statute of limitation ends.
Why You Need a Brain Injury Lawyer in Greenville, South Carolina
An experienced brain injury lawyer can help you hold that negligent party liable for your current and future medical needs. We offer a free consultation where we can review your case’s facts and help you understand your options. When we move forward with a brain injury case, we thoroughly investigate the circumstances surrounding the accident and your personal injury claims. Then, we can gather evidence to prove the at-fault party’s liability.
Many brain injury cases are settled out of court in mediation. Mediation is a negotiation session guided by a neutral third party. You and the at-fault party and your lawyers meet, provide opening statements that explain your theory of the case, and then the mediator will attempt to help you arrive at a settlement agreement. Mediation is less formal than civil court, where a trial would be held.
Whether through mediation or negotiations with the at-fault party or their insurer, we will work to negotiate full and fair compensation for your claim. If our team of Greenville brain injury lawyers cannot achieve this, we vigorously litigate your case before a judge and jury.
Get Legal Help from Maxey McFarland Law Today
If you’ve suffered a brain injury and don’t know where to turn, call us with an experienced personal injury attorney. The legal team at Maxey McFarland Law can support you every step of the way, from listening to your story at your initial free consultation to building a strong case on your behalf. We’re not afraid to take on even the most complex cases. A Greenville brain injury lawyer can focus on your needs, providing the legal advice you need to make the right decisions in your case. Contact us today to get started.