A traumatic brain injury (TBI) occurs when a sudden impact or jolt to the head disrupts normal brain function. In Charlotte, North Carolina, TBIs often result from accidents due to others’ negligence, such as car crashes, slips and falls, or workplace incidents.
For instance, distracted or reckless driving can lead to severe head injuries in collisions, while unsafe conditions on properties or job sites can cause falls that result in TBIs. These injuries often have serious, long-lasting effects on the victim’s health and daily life.
If you or someone you love recently suffered a TBI in an accident, the experienced legal team at Riddle & Brantley Accident Injury Lawyers can help. We can swiftly determine your legal options, fight for your rights, and work to maximize the compensation you recover.
For a free case evaluation and legal consultation with an experienced Charlotte TBI lawyer, please call us at (704) 486-5824 or contact us online today.
Charlotte TBI Guide
- How Much Is My Charlotte TBI Case Worth?
- Common Causes of Charlotte TBIs
- Successfully Proving a TBI Case in Charlotte
- Common Types of Medical Treatment Following a TBI in Charlotte
- Fighting the Insurance Company in a Charlotte TBI Case
- Steps to Take After Suffering an Accident-related TBI in Charlotte
- Consult an Experienced Charlotte TBI Lawyer Today
Why Select Our Charlotte TBI Lawyers?
TBIs can lead to ongoing symptoms and may require extensive medical care and rehabilitation. If you or a person you love suffered a TBI due to another person’s or entity’s negligence, you are not alone. The skilled team of Charlotte personal injury attorneys can handle every aspect of your case while you focus on fully recovering from your TBI.
We have a combined 190-plus years of experience successfully settling and litigating serious injury cases in North Carolina, and we welcome the opportunity to advocate for you. You can view our most recent case results and client testimonials at the following links.
Our office is conveniently located at 301 McCullough Drive, Suite 400, Charlotte, NC 28262.
How Much Is My Charlotte TBI Case Worth?
The value of a TBI case in Charlotte, North Carolina, can vary significantly depending on several factors, such as the severity of your injury, the effect it has on your life, and the details surrounding the accident.
TBIs can result in serious, long-term consequences, and the compensation you may recover reflects the extent of those consequences.
Factors Affecting Case Value
One of the main factors influencing the value of your TBI case is the severity of your injury. If your TBI has caused significant cognitive impairment, memory loss, or other long-term issues, the value of your case is likely to be higher. Additionally, the effect on your ability to work and earn a living is a critical consideration.
If your TBI has resulted in lost income or reduced earning capacity, this will increase your potential compensation.
The cost of medical treatment, including hospital stays, surgeries, rehabilitation, and ongoing care, also plays a significant role in determining your case’s value.
Available forms of compensation
In a Charlotte TBI case, you may recover compensation for:
- Medical Expenses – You can recover the costs of all medical treatments related to your TBI, including emergency care, surgeries, hospital stays, rehabilitation, medications, and any ongoing care or therapy you may need.
- Lost income – If your TBI has caused you to miss work or reduced your ability to earn a living, you may recover compensation for lost earnings. This can include both past and future earnings if your injury has long-term effects on your ability to work.
- Pain and Suffering – TBIs often cause significant physical and emotional pain. Compensation for pain and suffering aims to address the non-economic damages you’ve endured, such as emotional distress, loss of enjoyment of life, and mental anguish.
- Loss of Consortium – If your injury affected your relationship with your spouse or family, then those individuals may pursue compensation for loss of consortium.
Common Causes of Charlotte TBIs
TBIs are serious injuries that can have life-changing consequences.
In Charlotte, North Carolina, TBIs often result from accidents due to someone else’s negligence, including:
- Car Accidents – One of the most frequent causes of TBIs in Charlotte is car accidents. When drivers are distracted, speeding, or driving under the influence, they are more likely to cause severe collisions that can result in TBIs. These injuries often occur when a person’s head hits the steering wheel, dashboard, or another hard surface during a crash. Car accidents can happen anywhere in the city but are particularly common on busy roads like Interstate 85 and Interstate 77 and major intersections such as the one at Trade and Tryon Streets.
- Slip and Fall Accidents – Slip and fall accidents are another leading cause of TBIs in Charlotte. These accidents occur when property owners fail to maintain safe conditions, such as cleaning up spills, fixing uneven flooring, or installing proper lighting. When someone slips, trips, or falls, they can hit their head on the ground or another object, leading to a TBI. Such accidents can happen in various locations, including shopping centers like SouthPark Mall, restaurants, or even on poorly maintained sidewalks in residential areas.
- Workplace Accidents – Workplace accidents are also a common cause of TBIs, particularly in the construction, manufacturing, and transportation industries. In these environments, employees are at risk of being struck by falling objects, slipping on wet surfaces, or suffering from falls, all of which can lead to TBIs. These accidents often occur at construction sites around Charlotte or industrial areas near North Tryon Street or West Boulevard.
Successfully Proving a TBI Case in Charlotte
Successfully proving the legal elements of a TBI case in Charlotte, North Carolina, requires showing that someone else’s negligence caused your injury. To do this, you must establish four key elements: duty, breach of duty, causation, and damages. You must prove these elements with strong evidence to build a compelling case.
The Four Legal Elements
- Duty – The first element involves showing that the person or entity responsible for your injury had a legal duty to act with care. For example, drivers have a duty to follow traffic laws and operate their vehicles safely. Property owners have a duty to maintain safe premises for visitors.
- Breach of Duty – After establishing that a legal duty existed, you must prove that the responsible party breached that duty. This means they failed to act in a reasonably careful way. For instance, if a driver was texting while driving or if a store owner failed to clean up a spill, these actions may be considered breaches of duty.
- Causation – The third legal element is causation, which requires proving that the breach of duty directly caused your TBI. It’s not enough to show that someone was negligent; you must also demonstrate that their negligence caused your TBI. This often involves showing that if not for the responsible party’s actions, you would not have suffered the injury.
- Damages – Finally, you must prove that you suffered damages as a direct result of the TBI. Damages can include medical expenses, lost income, pain and suffering, and other losses related to your injury.
Types of Evidence
To prove these legal elements, you need:
- Medical Records – Detailed medical records are essential to show the extent of your injury and the treatment you received. These records establish the severity of your TBI and the link between your injury and the accident.
- Witness Testimony – Witnesses who saw the accident can provide crucial testimony to support your version of events. Their accounts may help prove that the responsible party was negligent.
- Expert Testimony – Experts, such as medical professionals or accident reconstruction specialists, can provide testimony to explain how the injury occurred and its long-term effects.
- Photographs and Videos – Visual evidence of the accident scene, your injuries, or the hazardous conditions that led to the TBI can strengthen your case.
By gathering strong evidence and effectively presenting it, you can successfully prove the elements of a TBI case in Charlotte and seek the compensation you deserve.
Common Types of Medical Treatment Following a TBI in Charlotte
After suffering a TBI in Charlotte, North Carolina, the medical treatment you may need can vary based on the severity of your injury. TBIs can range from concussions to more severe head or brain injuries that require extensive care.
Here are some common types of medical treatment you may need:
- Initial Emergency Care – In cases of severe TBI, immediate emergency care is crucial. This often involves an ambulance ride to the hospital, where medical professionals will assess your condition. Initial treatment may include stabilizing your vital signs, performing a CT scan or MRI to evaluate the extent of brain damage, and providing medications to manage symptoms like swelling or seizures.
- Hospitalization – If your TBI is significant, you may need to stay in the hospital for further treatment. During hospitalization, doctors will monitor your brain activity and overall health. Treatments can include intravenous (IV) fluids, medications to control pain and prevent complications, and surgery if there’s significant bleeding or pressure on the brain.
- Rehabilitation – Rehabilitation is a critical part of recovery for many TBI patients. Depending on your needs, this may involve various therapies, including physical therapy, occupational therapy, or speech therapy.
- Ongoing Care – Even after the initial recovery period, you may need ongoing care. This can include regular follow-up appointments with neurologists or other specialists to monitor your progress and address any lasting effects of the injury. Counseling or mental health support can also help if the TBI has led to emotional or psychological challenges.
Fighting the Insurance Company in a Charlotte TBI Case
The skilled attorneys at Riddle & Brantley Accident Injury Lawyers can significantly improve your chances of a successful Charlotte TBI case.
Here’s how we can help:
- Gathering Important Evidence – To build a strong case on your behalf, we start by collecting all necessary evidence. This includes obtaining medical records to document the severity of your TBI and its effect on your life. We also gather witness statements, accident reports, and any other relevant documents to support your claim. We can show clearly how the injury occurred and how it has affected you.
- Proving Negligence – We work to demonstrate that the other party’s negligence caused your injury. This involves proving that they had a duty to act responsibly, breached that duty, and that their actions directly resulted in your TBI. We use evidence like accident reports and expert testimony to establish this link.
- Negotiating with Insurers – Insurance companies often try to minimize payouts or deny TBI claims altogether. We handle negotiations with the insurer to ensure they offer you a fair settlement.
- Expert Testimony – In complex TBI cases, expert testimony can be crucial. We may involve medical experts to explain the extent of your injury and its long-term effects. This helps the insurance company understand the full impact of your TBI, strengthening your position in negotiations.
- Filing a Lawsuit – If negotiations don’t lead to a satisfactory settlement, we always prepare to take your case to court. We handle all aspects of the legal process, from filing the lawsuit to presenting your case before a judge or jury.
By managing these key aspects of your case, we aim to secure the compensation you deserve for your TBI and protect your rights throughout the process.
Steps to Take After Suffering an Accident-related TBI in Charlotte
After suffering a TBI in a Charlotte, North Carolina, accident, take the right steps for your recovery and legal case.
- First, make sure to complete all required medical treatment. Follow your doctor’s advice and attend all appointments to ensure proper recovery and documentation of your injury.
- Next, retain all medical records and other important documentation related to your TBI. This includes hospital records, therapy notes, and any bills or receipts for medical expenses. These documents are essential for proving the extent of your injury and the costs involved.
- Avoid speaking with insurance companies directly. Insurers often try to minimize payouts, so it’s best to refrain from discussing your case with them until you have legal representation.
- Finally, consult a Charlotte TBI lawyer as soon as possible. At Riddle & Brantley Accident Injury Lawyers, we will aggressively negotiate or litigate your case to a successful resolution.
Consult an Experienced Charlotte TBI Lawyer Today
If you or someone you love recently suffered a TBI in a Charlotte accident, the skilled legal team at Riddle & Brantley Accident Injury Lawyers is ready to help. We can promptly investigate the circumstances of your accident, figure out your options, and fight for the monetary damages you deserve.
For a free case evaluation and legal consultation with a knowledgeable TBI lawyer in Charlotte, please call us at (704) 486-5824 or contact us online.