South Carolina Traumatic Brain Injury Lawyer

South Carolina Traumatic Brain Injury Attorney

One of the most life-altering injuries someone can sustain is a traumatic brain injury (TBI). Unlike other physical injuries, recovery from a TBI can be long and unpredictable, with setbacks and complications along the way. When someone’s negligence or misconduct causes a TBI, the injured victim has the right to hire a South Carolina traumatic brain injury lawyer.

At the Tatum Law Firm, PLLC, our founding attorney makes client service a top priority. We have helped many satisfied clients obtain the compensation they require following a TBI, and we can help you as well.

Why Choose the Tatum Law Firm, PLLC?

A TBI can leave injured victims in South Carolina with uncertainty about the future. Returning to work soon after a TBI is rarely an option, and medical treatments and rehabilitation can take weeks or months to complete. The founding attorney of the Tatum Law Firm, PLLC, understands what you are going through. He has represented many TBI clients before and secured the compensation they need to recover.

Our attorney is committed to fighting for the rights of his clients by making sure they get the money they need to cover medical bills, lost wages, and the long-term impact of their injury. When you hire the Tatum Law Firm, PLLC, you are getting a team that is dedicated to your case and places your interests and goals above anything else.

Common Causes of TBIs

TBIs can result from a variety of incidents, often causing significant and lasting impacts on a person’s life. One of the most common causes of TBIs is motor vehicle accidents, including car, truck, and motorcycle crashes. The force of the collision can violently shift the brain within the skull, leading to bleeding, bruising, or tearing of brain tissue.

Falls, whether from slips or falls from heights, can lead to serious brain injuries, especially in older adults who are more likely to lose their balance. Sports-related injuries are also a significant cause of TBIs, especially in contact sports such as football, hockey, and boxing, where players are at risk of collisions and concussions.

Attacks can cause a TBI. A physical assault from a person or a sudden lashing out by a dog can cause a direct injury or a tumble that results in a head injury. Anyone who was physically assaulted can seek criminal and civil penalties against their assailant.

Workplace accidents, particularly in industries like construction, manufacturing, or agriculture, also contribute to TBIs. Workers may fall from scaffolding, be struck by heavy equipment, or suffer injuries from hazardous machinery.

Medical malpractice can also lead to a TBI. Doctors and nurses can make medical errors that lead to a serious injury. Whether during a surgery or a lighter procedure, any brain injury incurred during treatment could become grounds for a medical malpractice claim.

Establishing Fault Following a TBI

Before anyone can claim compensation from an insurance company, direct negotiations, or the civil courts, fault must be determined. Specifically for a personal injury claim, the injured party must prove that the other party owed a duty of care and that they breached that duty, resulting in harm. The duty of care refers to the legal obligation one party has to avoid actions that could foreseeably harm others.

One example of someone failing to uphold their duty of care would be a negligent driver who recklessly sped and weaved in and out of traffic. When they collide with another car and cause that driver serious bodily injury, they have failed to uphold their duty of care.

Any finding of fault needs to be based on evidence, such as eyewitness testimonies, medical records, and accident reports. In some cases, professionals may be required to demonstrate how the other party’s actions led directly to the injury.

In some cases, determining fault may be as simple as reviewing a tape, while other cases may require reconstructing the scene of the evidence and pulling together evidence from multiple sources. An attorney can be a valuable resource because they understand what types of evidence can and cannot be used in court.

Possible Forms of Compensation Following a TBI

The goal of any personal injury attorney is to seek fair compensation for their client to restore them financially. For some cases, that could mean seeking a settlement that compensates an injured victim for their past medical bills, lost wages, and other financial losses that resulted from the injury.

In cases where the at-fault party engaged in egregious misconduct, punitive damages and compensation for pain and suffering may serve justice. TBIs often cause significant financial hardships for the injured victim and require months or even years of treatment, rehabilitation, and therapy.

Compensation can be awarded to cover these future care needs. If the injury results in permanent disability or changes to the victim’s quality of life, compensation for emotional distress and loss of enjoyment of life may be awarded. A knowledgeable attorney can make sure all potential damages are considered and pursued.

Why Legal Representation Is Crucial

If you or a loved one suffered a TBI, you need the help of someone who can reliably find you compensation. A TBI case can be complicated due to the challenges of diagnosing brain injuries and proving how they resulted from someone’s negligence.

In some cases, you may need to negotiate with insurance companies, who may try to minimize payouts to avoid compensating you for what you are entitled to. A TBI attorney can determine the true value of your case, gather the necessary evidence, and advocate for you during settlement negotiations or in court.

The physical and emotional toll of a TBI can make it difficult to handle the legal aspects of a case on your own. A lawyer can take that burden off you, allowing you to focus on your recovery.

Some personal injury lawyers have experience in handling medical cases, so they understand how to read medical reports and which consultants to hire for deciphering particularly complicated medical situations. By hiring legal representation, you significantly improve your chances of achieving a fair outcome and securing the compensation you need for your recovery.

FAQs

Q: How Much Compensation Do You Get for a TBI?

A: Compensation for traumatic brain injuries (TBI) can vary widely, as it depends on their severity. It typically includes medical expenses, lost wages, pain and suffering, and future care costs. In severe cases, long-term disability and diminished quality of life can lead to higher compensation, potentially including punitive damages if negligence is involved. Legal representation can ensure fair compensation.

Q: How Long Will My Case Take to Resolve?

A: Personal injury cases often take several months to over a year to resolve. Settling outside of court through direct negotiations with the at-fault party or their insurance carrier can generally shorten the process. While the court system can add predictability for plaintiffs, it’s not uncommon for a civil case to take over a year before reaching a settlement.

Q: What Is the Life Expectancy of a Person With a TBI?

A: Life expectancy following a TBI is often lower than the general population and is determined by the severity of the injury, age, access to high-quality medical treatments, and other factors. Surviving the first year following a head injury is a good indicator of a favorable long-term outcome following a TBI.

Q: How Do I Deal With Someone Who Has a Traumatic Brain Injury?

A: Anyone with a TBI requires careful attention and a calm, stable environment for recovery. Recovery time can be lengthy, so caretakers should be mindful of their own physical and mental health. Having multiple family members or friends of the family pitch in to help can aid with caregiving duties so no one person is overburdened.

Q: What Should You Avoid Saying to Someone With a TBI?

A: When talking to someone in the early stages of recovery, stay positive and reassuring. Do not give unrealistic expectations about recovery. You should also avoid quoting statistics about recovery, if possible, because every case is unique. Anyone who is injured wants to know that they are supported. They enjoy hearing about life outside their home and how their friends and relatives are doing these days.

Q: What Are the Common Symptoms of a Traumatic Brain Injury?

A: Common symptoms of a traumatic brain injury (TBI) include:

• Headaches
• Dizziness
• Confusion
• Memory problems
• Difficulty concentrating

Individuals may experience mood swings, irritability, and changes in sleep patterns. In severe cases, loss of consciousness, seizures, and difficulty with motor skills may occur. Prompt medical evaluation is crucial to assess the extent of the injury.

Schedule Your TBI Consultation Today

A TBI is a catastrophic injury that can disrupt the lives of the victim and their family. At the Tatum Law Firm, PLLC, we understand the emotional and financial toll that can result from a TBI because we have represented victims of this type of injury before. Our founding attorney has a strong and well-earned reputation for providing exceptional service to his clients and getting results.

You do not have to live with the financial fallout that was caused by someone else’s negligence or misconduct. With legal representation from our law firm, you can hold the at-fault party accountable and demand that they pay for the harm they caused. To schedule your consultation, contact our law firm today.