Traumatic brain injuries (TBIs) occur when there has been some form of blunt force trauma to the head resulting in damage to the brain. TBIs can happen because of vehicular accidents, violent crimes, defective products, et cetera. These types of injuries are often treatable but require swift medical attention. Some moderate to severe TBIs can potentially change someone’s life entirely and might warrant contacting a compassionate catastrophic injury attorney.

If you recently suffered a TBI because another person breached the standard of reasonable care, a Marion traumatic brain injury lawyer could review your circumstances and determine if you qualify for compensation from the at-fault party.

Common Causes of Traumatic Brain Injuries

The Mayo Clinic lists slip and fall accidents as the most common cause of traumatic brain injuries, predominantly for senior citizens and little children. These include falls in the bathroom, stairs, off a ladder, or out of bed. Other events causing traumatic brain injuries could include:

  • Motor vehicle accidents between automobiles, motorcycles, bicycles, and pedestrians
  • Explosive blasts experienced among military and construction workers
  • Sports accidents including football, baseball, soccer, boxing, skateboarding, and hockey
  • Criminal acts of violence, including gunshots, penetrating knife wounds, child abuse, severe blows with an object, domestic abuse, and shaken baby syndrome

Regardless of the cause, TBIs can often bring physical and financial hardship to individuals and their families, and should not be taken lightly.

What if the Plaintiff is Partly Responsible for the Accident?

In order to receive compensation for a personal injury claim, negligence must be proven against another person. However, the injured individual is sometimes found partly responsible for their own accident. This does not always mean a claim will be unsuccessful.

South Carolina permits plaintiffs whose negligence contributes to the accident that caused their TBIs to recover compensation from the at-fault party, pursuant to South Carolina Code of Laws § 15-38-15. Modified comparative fault requires plaintiffs to be less than 51 percent responsible for the accident to qualify.

The court adjusts compensation awarded to reflect the share of fault assigned. For example, if the at-fault party is driving while intoxicated and collides with the plaintiff, who is running a red light, the court might assign 90 percent of the fault to the defendant and 10 percent to the plaintiff. If the compensatory damages are deemed $1 million, it would be reduced by the percentage the plaintiff is found at fault, to $900,000.

Comparative fault and determining negligence can be complex; contact a seasoned Marion traumatic brain injury attorney for a more comprehensive explanation.

Get Help from a Marion Traumatic Brain Injury Attorney

Even though the brain is encased in a rigid skull for protection, traumatic brain injuries occur daily. They usually require extensive medical care, and you may have to relearn how to walk, talk, and perform everyday tasks. You might also be left struggling to provide for your family and pay ongoing medical bills if you are unable to return to work in the same capacity as before the accident.

Getting healthy again can be a difficult road to travel. Call us today even if you think you might be partially responsible for an accident that caused you to suffer a TBI. An earnest Marion traumatic brain injury lawyer understands this plight and might be able to help recover compensation.

Whetstone Perkins & Fulda