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Greenville Brain Injury Lawyer

Brain injuries are primarily caused by trauma to the head. This results in damage to the brain or skull and can be the result of a blow, jolt, or bump to the head. Brain injuries can be mild or severe in nature. Any head injury calls for immediate medical attention. Severe brain injuries are a leading cause of death and disability in the United States, and survivors often need long-term treatment.

If you or a loved one has been a victim of a brain injury in South Carolina, you may be eligible for compensation. However, these cases can be complex, and given you need to rest and recover, the process can be overwhelming. Our Greenville brain injury lawyers at Hernandez & Cabra are here to help. Our personal injury attorneys will fight for your rights and recover compensation for your medical bills, lost income, pain & suffering, etc.

We provide free initial consultations, so schedule yours today by calling 864-501-4384.

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Brain Injury Statistics

The Center for Disease Control & Prevention (CDC) reports traumatic brain injuries (TBIs) are one of the most common causes of disability and death in the United States. According to CDC, over 3.5 million individuals sustain brain injuries per year. About 71% of these suffer a traumatic brain injury. In addition, there are 280,000 hospitalization cases and 50,000 death cases. Furthermore, estimates say over 5 million people in the country have a brain-injury-associated disability.

How Do I Know if I Have a Brain Injury Claim?

First, you need to consult your physician regarding any symptoms and why you think you may have a brain injury. There are two types of brain injury suits.

The first is from obvious accidents like crashing through the windscreen or getting by a carton falling off a shelf in a store. The second is more sophisticated and usually results from a low-impact injury. That’s why it’s important to note any numbness, blurred vision, or any sign of a concussion after an accident.

In order to determine whether you have a solid claim, it’s advisable to tell your problems to both the doctor and a lawyer experienced in personal injury. Don’t brush off any symptoms with the belief they will soon disappear.

What Are the Leading Causes of a Traumatic Brain Injury (TBI)?

Also referred to as TBI, traumatic brain injury is a type of head injury that often results from a hard-impact or piercing injury that affects normal brain functionality. A TBI can occur when an item hits your head in a violent fashion, or an object breaks the skull and makes its way to the brain tissue.

Such impact or penetration can result in changes in consciousness, mental state, and even personality. A traumatic brain injury can be mild, moderate, or severe and this depends on the scope of brain tissue damage. A mild TBI can result in short-term unconsciousness and small changes in brain operations while a severe one can lead to long-term unconsciousness, also referred to as a coma.

According to the CDC, the leading causes of traumatic brain injuries include falls, car accidents, and assaults. Falls are especially severe for children and the elderly. TBIs fall into the categories below:

  • Open Injury TBI: The skull has been pierced, often by a sharp item or bullet
  • Closed Injury TBI: The skull hasn’t been penetrated, but the brain has sustained injury. Common causes include falls and auto accidents.
  • Deceleration Injury TBI: The brain gets smashed against the skull.
  • Toxic or Chemical TBI: A toxic chemical such as carbon monoxide or lead has made its way to the brain.
  • Medical Reasons TBI: These can be due to strokes, tumors, or infections.
  • Hypoxia TBI- Occurs due to the lack of oxygen in the brain, usually from a heart attack, stroke, or during a water accident.

What are the Common Symptoms of TBIs?

The symptoms of a TBI may not be instantly apparent following an accident and may begin to appear a few days after the incident. Some of the common symptoms of a TBI include:

  • Dizziness
  • Recurring headaches
  • Memory loss
  • Fatigue
  • Trouble concentrating
  • Difficulty in speaking
  • Blurred vision
  • Lack of coordination and problems with balance
  • Loss of bladder control
  • Inability to do everyday tasks
  • Sensitivity to light or noise

Scan of brain injury, Greenville brain injury lawyer concept

Why Hire a Greenville Brain Injury Lawyer?

The process of making a traumatic brain injury claim can be complex and you may not be in the position to handle the process given your situation. A lawyer will come in handy in seeking compensation and justice in the following ways:

Defend Your Rights

An attorney will defend your rights as a victim of a head or brain injury. If the injury was a result of the negligence of another party, then the incident was unavoidable. By making a claim or filing a lawsuit, you are asserting your rights as a personal injury victim, eligible to receive compensation.

Conduct an Investigation

When it comes to brain injury claims, negligence is hard to prove. A skilled and experienced personal injury attorney will help coordinate a thorough investigation regarding how the accident happened. They will do this by enlisting investigators and medical experts to gather the evidence necessary to support your case.

Negotiate a Fair Settlement

This is without a shadow of a doubt the most crucial reason to hire a brain injury lawyer. Court trials tend to be uncertain and reaching a settlement can have a desirable outcome. An excellent attorney like one of our team at Hernandez & Cabra will have the experience needed to negotiate a settlement that gives you the best payout for your claim.

Can Insurance Companies Obtain Your Past Medical Records?

Yes, the insurance companies of both parties have the right to obtain your medical records, whether the information is relevant or not, but only if you sign a waiver for it. This is why it is best to consult your lawyer before communicating with the insurance provider. After all, you do not want to provide your medical history to a party like an insurance provider without good advice.

This is imperative, particularly when it comes to personal injury claims as it has the potential to jeopardize your case. Insurance firms are known to try anything possible to avoid making compensations. This is all in the name of saving their business and making profits. More often than not, they try to urge claimants to sign away their rights for a quick settlement, which is almost always not enough for the losses or damages.

It’s wise to take your time and allow the symptoms to become apparent, especially for a traumatic brain injury. So, get in touch with our Greenville lawyers today for further advice.

What Compensation Can I Receive for a Brain Injury?

If you suffer a traumatic brain injury because of the negligence or recklessness of another party, they can be held responsible and mandated by law to compensate you. If you can prove that your injury was due to the other party’s negligence, then you can recover monetary damages.

Recoverable damages in a TBI claim include:

Economic Damages

Economic damages, also known as special damages cover financial losses as a result of the injury. These include medical bills, lost income, loss of earning capacity, cost of rehabilitation, etc.

Non-Economic Damages

These cover the intangible and non-monetary losses experienced as a result of the injury. These include pain and suffering, loss of companionship, mental anguish, emotional distress, etc.

Punitive Damages

These are rarely awarded in personal injury lawsuits, but arise when the party at fault is seen to be grossly negligent, resulting in severe injuries or death. Punitive damages are designed to punish offenders while communicating to the public members to refrain from such actions.

Are There Time Limits for Filing a TBI Claim in South Carolina?

As with all personal injury cases, traumatic brain injury claims need to be filed within a certain period from the date of the injury. In South Carolina, this period is three years. This means that your case will be considered invalid if brought up after this period is over. As such, it is important to involve a lawyer as soon as possible so that you can get educated from the early stages.

What Happens if the Insurance Company Refuses to Pay My Medical Bills?

This is another situation where a skilled lawyer comes in handy. First, our team will reach out to the insurance company and try to fight the claim. Next, we will file a lawsuit against the party at fault. The aim is to seek a fair settlement without the need to go to trial. Our firm is here to fight for your rights and we will use the resources available to make sure you’re not denied the compensation you deserve, regardless of how long it takes.

Hire a Greenville Brain Injury Lawyer Today!

An injury to the head or brain can change your life permanently. If the injury was caused by another party, then you deserve compensation. Hernandez & Cabra is here to help you build a solid claim and fight for your rights. Contact us today by calling 864-501-4384 for a free initial consultation.