If you or a loved one has suffered a brain injury due to the negligence of another, calling a North Carolina Traumatic Brain Injury Lawyer is your next move.
The Bishop Law Firm represents injury victims in North Carolina, and we do not get paid unless you win.
We also offer free case reviews by phone at 919-615-3095, or you can start your review online now.
NC Personal Injury Law
For a victim to recover after a brain injury, the victim must have been injured due to someone else's negligence and pursue their legal claim within the statute of limitations.
Negligence
Negligence (significantly simplified) is a failure to do what a reasonable person would do under the same circumstances.
For example, a reasonable person would not drive faster than the speed limit, run a red light, and crash into other cars.
A reasonable person would control their car at a safe speed and abide by all traffic laws to avoid injury to themselves and others, as outlined in North Carolina Driving Laws (NC DOT).
In motor vehicle accidents, police reports often establish negligence, but that is not always the case.
Even if the at-fault party was "unreasonable", in North Carolina, the reasonableness of the victim's actions is also examined.
Contributory Negligence
NC is a contributory negligence state, which means that for an accident victim to recover, they must not be at fault for their personal injury.
Contributory negligence can create unfair outcomes for victims, but unfortunately, it is the law in NC.
The Last Clear Chance Doctrine may offer some help to some victims, but generally not much (UNC).
Statute of Limitations
Most NC Personal Injury claims have three years to file a court case for an injury you sustained due to a negligent party.
TBI victims should know that filing a claim with the insurance company or informing the at-fault party of their injuries does not toll the statute of limitations.
Litigation must be filed before the statute of limitations for a brain injury victim to have a traumatic brain injury lawsuit.
Wrongful death claims must be filed within two years of the date of death.
What can a brain injury victim recover?
A victim can recover medical expenses, pain and suffering, as well as lost wages.
Punitive damages are rarely awarded.
If the victim was killed in the accident, the case becomes a wrongful death claim.
Medical Expenses
All medical expenses should be covered in a personal injury settlement: past, present, and future. Future medical needs should be discussed with a medical professional to determine the appropriate level of care required for head trauma.
Read Medical Bills After NC Personal Injury
Lost Wages
Unfortunately, missing work often accompanies an injury. Depending on the extent of brain tissue damage, a victim may never be able to return to work.
A traumatic brain injury settlement should consider not only today's lost wages, but tomorrow's as well.
Read more about Lost Wages and Earning Capacity.
Pain & Suffering
While lost wages and medical expenses are economic damages that can have exact dollar amounts, pain & suffering is a non-economic damage that can be harder to value.
Brain injury victims may be unable to put their suffering into words, but that makes their suffering all the more real.
Obtaining witness testimony from family members and medical professionals about changes to the victim's personality and the daily difficulties they experience can help a victim speak loudly about their suffering without saying a word.
Read Pain and Suffering in NC Personal Injury Cases
Punitive Damages
Punitive Damages in North Carolina require that the at-fault party's negligence rose to the level of being egregious or willful and wanton (drunk driving or driving when specifically being told by a physician not to drive).
The ability to attain punitive damages is very fact-specific.
Read What are Punitive Damages?
Wrongful Death
If your family member was killed due to the negligence of another, a wrongful death claim should be pursued.
A family can recover any of the damages mentioned above, as well as funeral expenses and loss of companionship damages.
Read more at North Carolina Wrongful Death Lawyer.
If you sustained a head injury at work, your claim will be governed by NC Workers' Compensation Law.
Depending on the circumstances of your workplace accident, you may have both a personal injury and workers' compensation case.
Our firm handles both types of cases for our clients.
Traumatic Brain Injuries (TBI)
Traumatic Brain Injuries are among the most serious of injuries (catastrophic injury) involving car accidents.
In 2024, North Carolina designated March as Brain Injury Awareness Month.
Over 80,000 people a year sustain traumatic brain injuries in North Carolina, and many are left permanently disabled (via governor.nc.org).
A traumatic brain injury happens when the brain is injured, either by internal or external forces.
Even minor accidents can result in serious brain injuries under the wrong circumstances.
Penetrating Brain Injury
Penetrating head injuries (open head injury) occur when there is a breach of the skull. The brain's tissue is damaged by the impact and exposure of delicate tissues (as reported by Johns Hopkins).
"Although penetrating injuries are less common than closed injuries in the civilian population, they are far more lethal" (via NIH).
Widespread brain damage can occur. Diffuse axonal injury and chronic traumatic encephalopathy can result.
Coma, vegetative state, minimally conscious state, and brain death are all forms of altered consciousness that can result from moderate to severe brain injury (Mayo Clinic).
Unfortunately, an accident victim with a penetrating head injury is facing a long road to recovery, and fair compensation is imperative not only for the victim but also for their family's future.
Also, read our post Types of Brain Injuries.
Non-Penetrating Brain Injury
You do not need to suffer a blow to the head to sustain a traumatic brain injury, nor do you have to have penetration of the skull for there to be brain damage.
Blunt force trauma, while not penetrating, can cause serious traumatic brain injury.
Concussions
A strong jolt to the body can make the brain shift in the skull and result in a concussion or even a coup-contrecoup brain injury. Shaken baby syndrome is a prime example.
Unfortunately, if a traumatic brain injury is a closed head injury, it sometimes takes months to know the full extent of your injuries.
We now know concussions are much more serious injuries than once thought and can be linked to the development of Alzheimer's, depression, and other mental health ailments in people with no prior history of mental health problems or family history of Alzheimer's (Oxford).
According to the most extensive study on head injuries conducted to date and published in the American Journal of Psychiatry, a brain injury increases your risk of developing mental health diseases by as much as 400 percent.
Because of the nature of sudden trauma brought on by a car accident, it is difficult even for doctors sometimes to distinguish between a concussion and extreme psychological stress symptoms that often accompany a serious car accident.
According to the Mayo Clinic, some common concussion symptoms include headache, double vision, temporary loss of consciousness, confusion or feeling as if in a fog, amnesia surrounding the traumatic event, dizziness, slurred speech, ringing in the ears, sensitivity to light, and fatigue.
It's essential to seek medical attention immediately from a doctor if you experience these symptoms after an accident.
If the emergency room doctor or your primary doctor suspects you have a brain trauma, they will likely send you to a neurologist, who specializes in brain injuries and will be best-suited to treat you.
Also, read our post Types of Brain Injuries.
North Carolina Brain Injury Attorney
Depending on the extent of your brain injury, you may need specialty, long-term, or lifetime medical care.
Hiring a North Carolina injury attorney who is experienced in evaluating how much this medical care will cost and how to negotiate a settlement with the defendant-driver's insurance company is imperative.
Brain damage can have long-term consequences for a victim and their family. Financial compensation should account for these consequences and loss of quality of life.
Please remember that insurance companies make money by collecting premiums, not paying brain injury claims.
An insurance adjuster can delay your claim to frustrate you or try to settle so quickly that all the medical treatment you need is not included in the settlement.
If the insurance denies liability or refuses to compensate you fairly, you should discuss personal injury litigation with a NC Personal Injury Lawyer.
If you have sustained a traumatic brain injury after a North Carolina accident, we provide accident injury victims with free case reviews by phone at 919-615-3095, or you can start online now.
We represent injured victims in Raleigh, Cary, Durham, Fayetteville, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, and surrounding areas in North Carolina. We don't get paid unless you win, so contact us today!
