If you experience a head injury, it is essential to seek immediate medical attention even if you do not lose consciousness. Symptoms of a traumatic brain injury (TBI) do not always appear immediately. If the accident that caused your head trauma was due to someone else’s reckless or negligent behavior, your next step might be to seek the help of a dedicated catastrophic injury attorney.
TBIs are severe and go beyond a slight bump on the head. You could need expensive medical treatment and be out of work for a long time. Your plight is even more frustrating if someone else caused it by breaching their duty of care.
If this was the case, you might have recourse to recover money for your loss. An Orangeburg traumatic brain injury lawyer could sort through the details of your accident and determine whether you are entitled to compensation.
Accidents That Cause Traumatic Brain Injuries in Orangeburg
To be awarded compensation from an at-fault party in a personal injury lawsuit, the plaintiff must prove the four elements of negligence: duty, breach, causation, and injury. The defendant has a duty to behave in a reasonable manner, and if that behavior falls below the standard of the reasonable person, it has been breached. If the substandard behavior is the cause of an accident that injures the plaintiff, the elements of negligence are met. Some scenarios that could cause a TBI include:
- In a domestic matter, the at-fault party pushes the plaintiff down a flight of stairs
- The at-fault party assaults a person’s head in a robbery attempt
- A motorist is driving intoxicated and crashes into another motorist, bicyclist, or pedestrian
- A caregiver violently shakes a baby
- An explosion happens because of a distracted foreman
- Questionable practices by a football coach leads to a sports injury
Regardless of what circumstances caused the damage, a TBI attorney in Orangeburg could review medical records, eyewitness accounts, plaintiff and defendant statements, police reports, and any security camera footage to establish negligence in the case.
Compensatory and Punitive Damages
If negligence is established, juries can award compensatory damages and, on some occasions, punitive damages.
Economic compensatory damages cover the monetary outlay for medical bills, lost wages, and property damage. Non-economic damages estimate what subjective losses might be worth and attach a dollar value to them, such as pain, suffering, loss of mental acuity, and loss of the enjoyment of life.
Punitive damages are awarded in addition to economic and non-economic compensation, and are meant to thwart bad behavior and punish a person who acted egregiously. An Orangeburg traumatic brain injury attorney could explain what is included in these damages in greater detail.
Statute of Limitations
It is important to note that, pursuant to South Carolina Code § 15-3-530, the law sets a limit for plaintiffs to file personal injury lawsuits. The limit ensures justice will be swift, and witnesses and evidence are fresh and available. The limit is generally three years from the time of the injury.
Learn How an Orangeburg Traumatic Brain Injury Attorney Could Advocate for You
Traumatic brain injuries are not merely something you can try and shake off after an accident. You might need therapy for a lifetime, and your work and family life may suffer. If someone else caused your injuries, we the team at Whetstone Perkins & Fulda is ready to help.
An Orangeburg traumatic brain injury lawyer is skilled in negotiating and litigating. While you concentrate on getting well, we could review the details of your situation to potentially get you the compensation you need. Call today to schedule your initial consultation.
