Traumatic brain injuries can be some of the most complex injuries caused by car accidents. They don’t always appear immediately, and symptoms can sometimes take days or even weeks to manifest fully.
Traumatic brain injury settlements provide financial relief for the long-term impact a TBI can have. A fair settlement should reflect not just your medical bills but also the costs of rehabilitation, therapy, loss of income, and the emotional strain that comes with such a life-altering injury.
Unfortunately, insurance companies may try to minimize your claim, especially if the full extent of the injury isn’t immediately visible. That’s why having an experienced car accident attorney by your side is essential.
What Is a Traumatic Brain Injury Lawsuit?
A traumatic brain injury lawsuit is a legal claim filed by someone who has suffered a brain injury due to another person’s negligence. When someone suffers a TBI, they might be dealing with memory loss, personality changes, chronic headaches, difficulty focusing, or even the inability to work. A lawsuit is a way to hold the responsible party accountable and recover the financial support you need to cover medical care, lost income, and the emotional toll this injury has taken on your life.
Damages You Can Claim
When pursuing compensation for a car accident TBI, victims can recover various types of damages, including:
- Medical Expenses: Current and future medical costs, rehabilitation, therapy, and specialized care.
- Lost Income: Compensation for lost wages, diminished earning capacity, or inability to return to your profession.
- Pain and Suffering: Physical pain, emotional distress, and mental anguish are associated with your injury.
- Loss of Enjoyment of Life: Damages for a car accident TBI can involve the reduced ability to engage in activities or enjoy life as you previously did.
- Punitive Damages: In cases where the responsible party’s actions were particularly reckless or intentional.
What to Expect in a Traumatic Brain Injury Settlement
Traumatic brain injuries can result in months or even years of treatment, rehabilitation, therapy, and potentially permanent disability. Your settlement should take into account not only current medical costs but also future expenses, lost earning capacity, pain and suffering, and loss of enjoyment of life.
Insurance companies often move quickly to offer a settlement, especially in cases involving serious injuries. That initial offer may seem generous at first glance, but it’s typically far less than what you truly need.
The key to a fair settlement is having strong evidence, such as medical records, expert opinions, accident reports, and clear documentation of how your life has changed since the accident.
Your attorney will advocate for the full value of your claim while the insurance company tries to minimize its liability. While some cases settle in a matter of months, others can take longer, especially if the full extent of your injury is still unfolding or if liability is disputed.
Proving Liability in a Brain Injury Lawsuit
When it comes to traumatic brain injuries from car accidents, one of the most important parts of your case is proving liability. Simply put, you need to show that someone else’s actions caused your injury and that they should be held legally responsible.
To prove liability in a brain injury lawsuit, we need to establish four key elements:
1. Duty of Care
The first step is showing that the other driver had a responsibility to operate their vehicle safely. This is usually easy to establish, as all drivers owe a duty of care to others on the road.
2. Breach of Duty
We must demonstrate that the other driver failed to fulfill their duty. This could be because they were speeding, texting, driving under the influence, or otherwise acting recklessly behind the wheel.
3. Causation
It’s not enough to prove that the driver was careless; you also need to establish a direct connection between their actions and your injury. In brain injury cases, this can require expert testimony, medical records, and accident reconstruction to demonstrate how the impact caused the trauma.
4. Damages
Finally, we need to show that your injury led to real, measurable harm. This includes expenses such as medical bills, lost wages, long-term care needs, emotional distress, and any reduction in your overall quality of life.
How a South Carolina Attorney Can Help
After suffering a traumatic brain injury in a car accident, the last thing you should have to worry about is traversing the legal system on your own. A qualified brain injury attorney will start by thoroughly investigating your accident. That means digging into police reports, interviewing witnesses, and sometimes bringing in accident reconstruction experts to get a clear picture of what happened and who’s at fault.
At the same time, they’ll gather detailed medical evidence, often working with neurologists or rehabilitation specialists to understand the full extent of your injury, both now and in the future.
An attorney who knows the true value of these cases won’t let you be shortchanged. When settlement offers arrive, they review every line, not just for medical bills or lost income, but for the less tangible losses, like your day-to-day quality of life and the emotional toll of a brain injury.
If the insurance company still refuses a fair outcome, they will stand with you in court, presenting your case clearly and convincingly to a judge and jury.
Contact Our Traumatic Brain Injury Car Accident Lawyers
If you have sustained a traumatic brain injury due to a car accident, Savage, Royall & Sheheen, LLP is here for you. We believe that no one who has been injured at the hands of someone else’s negligence should have to manage this alone.
We are here to help you get your life back on track. Contact our South Carolina traumatic brain injury attorneys at 803-432-4391 to request a consultation.