A brain injury after an accident can have serious consequences for victims and their families. They may cause long-term physical, cognitive, or behavioral changes that have significant effects. If you or a loved one suffered an injury to the brain, understanding the different types of brain injuries and how they may impact your life can help you claim fair compensation for all the ways you’ve suffered.
Our North Carolina brain injury lawyers have experience handling complex and catastrophic injury claims, including traumatic brain injury (TBI) cases. We can help you navigate this difficult time and fight for the financial support you need and deserve. Contact us today to schedule a free consultation and learn more about your legal options after a brain injury.
Key Takeaways
- Brain injuries can have lasting effects that impact a person’s future and quality of life. Victims may be entitled to compensation for these losses if another person’s negligence caused their injury.
- North Carolina has unique laws that can impact a person’s ability to recover damages after suffering a brain injury. Working with an experienced lawyer can help you navigate the complex claims process.
- The attorneys at Riddle & Riddle Injury Lawyers will carefully develop your case and pursue fair and full compensation to help you and your family start to rebuild your lives after a brain injury accident.
Understanding Brain Injuries
Common Causes of Brain Injuries We Handle
Our traumatic brain injury lawyers have helped many clients who suffered head trauma in different ways. Common causes of brain injuries in North Carolina include:
High-Speed Collisions
The impact force of auto accidents involving cars, motorcycles, semi-trucks, and other vehicles often leads to brain injuries. We’ve seen these injuries after crashes on high-speed roads like I-95, I-40, and I-77.
Commercial Slip and Falls
People hurt in slip and fall accidents in North Carolina grocery stores, retail stores, or other commercial spaces may hit their head as they land. In many cases, the impact of the fall causes a TBI.
Pedestrian and Cycling Accidents
A pedestrian or bicycle crash can lead to serious head trauma that results in brain injuries. We see these accidents in high-traffic areas such as Downtown Raleigh, Chapel Hill, and the East Carolina University (ECU) campus in Greenville.
Workplace and Industrial Accidents
Construction or industrial workplaces in North Carolina, including manufacturing plants and furniture factories, have heavy equipment and materials. If they fall or malfunction, workplace accidents can lead to significant harm.
Medical Malpractice
Misdiagnoses, anesthesia or surgical errors, and birth injuries may cause oxygen deprivation that results in brain injuries. If North Carolina health care providers are responsible for these errors, they could be held accountable with a medical malpractice claim.
Signs To Look for if You Suspect a Brain Injury
There are different types and levels of brain injuries. Depending on the details of your accident and the severity of your TBI, you may experience some of these brain injury symptoms:
- Cognitive issues: Concussions and other types of TBIs may cause difficulties with memory, concentration, and communication. In more severe cases, there may be learning disabilities and permanent cognitive impairments.
- Physical symptoms: Brain injuries often cause persistent headaches, nausea, dizziness, and blurred vision. Others may experience sleep disturbances, weakness, and balance issues.
- Emotional and behavioral changes: Some brain injuries lead to irritability, mood swings, anger, anxiety, or depression. These symptoms are often permanent because of damage to the regions of the brain that control these emotions or behaviors.
Why TBI Cases Are Different in North Carolina
Brain injury claims in North Carolina can be complicated, and insurance companies often look for reasons to minimize or deny what you are owed. On top of that, specific state laws can make it more difficult to recover compensation. Here is why documenting and proving a TBI is so important and how an experienced attorney can help.
The Strict Three-Year Statute of Limitations
Under North Carolina’s statute of limitations for personal injuries, many brain injury cases must be filed within 3 years, but the deadline can vary by case type. For example, medical malpractice claims follow different timing rules, including a statute of repose that can bar claims even if the injury is discovered later.
While three years may sound like a long time, TBI symptoms often take months to fully manifest, leaving you with less time to take legal action. Also, you could lose crucial evidence if you wait too long. Working with a TBI attorney in North Carolina can help you stay on top of important deadlines and gather and preserve evidence.
Overcoming North Carolina’s Contributory Negligence Laws
North Carolina is one of the few states to use a contributory negligence system, which bars victims from recovering compensation if they share even 1% of fault for their injuries. Insurance companies may try to use this to their advantage and shift the blame to you in an attempt to deny your claim.
Our team works with experienced investigators and case managers, including former law enforcement officers and insurance adjusters, to build your case. We also use accident reconstructions to prove the other party’s liability, protecting you from unfair treatment.
Last Clear Chance
There is a critical exception to the contributory negligence rule. The “Last Clear Chance” doctrine allows an injured person to recover damages even if they were partially at fault. If you can prove the defendant had a final chance to stop the accident from happening but did not use that last clear chance, you may receive compensation. Speak with a trusted attorney to learn more about this option.
What Is Your North Carolina Brain Injury Claim Worth?
What your claim is worth will depend on the severity of your brain injury and the extent of your damages. You may qualify to recover both economic and non-economic damages.
Economic Damages
Economic damages are the financial losses caused by your brain injury, including:
- Current medical bills
- Necessary medical equipment or home modifications
- Cost of future medical care
- Lost wages
- Loss of future earnings capacity
You can claim your current expenses as well as future losses, such as loss of career opportunities and the cost of ongoing medical needs.
Non-Economic Damages
Non-economic damages are the subjective and intangible ways you’ve suffered, such as:
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
- Loss of consortium
Brain injuries can significantly impact relationships between a victim and their spouse, children, and other loved ones. You can include this loss of intimacy or consortium and other changes to your quality of life in your claim for compensation.
What Clients Should Know About Brain Injury Claims
If you or a loved one suffered a brain injury, there are things you can do and avoid that may strengthen your claim, including:
- Do not speak with the insurance company without legal guidance.
- Avoid posting on social media or talking about your injury while your claim is ongoing.
- Follow through with all medical treatment and your doctor’s advice.
- Speak with a lawyer as soon as possible who can preserve evidence and walk you through your next steps.
Brain injuries often require ongoing care. Including the costs of future medical needs and other losses in your claim will help you build better financial stability while you get the care you deserve.
Traumatic Brain Injury Accident Results
- $2,475,000 workers’ comp settlement for a client who fell from a platform while at work, sustaining a basilar skull fracture and brain injury. After multiple rounds of mediation, our attorneys reached a settlement that included weekly compensation and medical care for the remainder of our client’s life, as well as all medical bills paid.
- $1,625,000 settlement for a client who suffered a TBI when she was struck by a car while crossing a major roadway. Our attorneys were able to overcome the liability carrier’s allegations of contributory negligence and successfully settled in mediation.
- $1,500,000 judgment for a worker whose skull was impaled when his employer dropped a tree limb on him. The employer did not carry workers’ comp coverage, so suit was filed and judgment was awarded to our client.
- $1,050,000 settlement for our client who was a guest passenger on a motorcycle that lost control through a turn and rolled several times. The client suffered a traumatic brain injury and memory loss, and the case prior to trial settled for all available insurance coverage.
“It was nice to see Riddle & Riddle Injury Lawyers put me and my needs first.”
–R. Colley, Riddle & Riddle Injury Lawyers’ client
Why Choose Us?
At Riddle & Riddle Injury Lawyers, we have over 40 years of experience serving North Carolina communities with personalized client care and award-winning legal services. We have recovered over $900 million since 2000 alone, which reflects our careful investigation process, precise liability analysis, and disciplined case development before negotiation or litigation.
We have the resources and local knowledge to handle complex cases, including traumatic brain injury claims, while providing the compassionate support our clients need throughout the claims process. Led by father-daughter attorney partners, our team is committed to treating each client with the same care and respect we would give our own family.
With a bilingual staff and team members who are available around the clock, we make it easy to connect with us. You can begin your case without an in-person meeting and stay connected by phone, text, email, or video.
“They made a hard time in my life easier to endure.”
–Melissa C., Riddle & Riddle Injury Lawyers’ client
Frequently Asked Questions
Can I Be Fired in North Carolina if I Can’t Return to Work Right Away After a Brain Injury?
North Carolina is generally an at-will employment state, but you may have protections under federal or state law depending on the situation. For example, if you and your employer are covered by the Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of unpaid, job-protected leave. Eligibility depends on factors such as the employer’s size and the employee’s length of employment and hours worked.
What if the Brain Injury Was Caused by a Defective Product, Like a Faulty Helmet or Airbag?
If a defective product caused your brain injury, you may have grounds for a product liability lawsuit in North Carolina to recover damages, including the wages you are losing while unable to work.
What Is a ‘Life Care Plan’ and Why Do I Need One?
A Life Care Plan serves as a comprehensive guide that details a patient’s medical and economic needs throughout their lifetime. These reports are generally developed by Certified Life Care Planners (CLCP) who work alongside medical and financial professionals to estimate all future costs associated with a severe injury.
If you are pursuing a brain injury claim, a Life Care Plan will detail your future damages and help to secure a fair settlement that accounts for all the ways your life is affected by your TBI.
Can I File a Claim on Behalf of a Loved One?
Yes, you can file a brain injury claim on behalf of a loved one in North Carolina, but the specific legal steps depend on whether they are a minor or considered an incapacitated adult. You may need to be appointed as a legal guardian to initiate a lawsuit.
Local Resources for NC Brain Injury Survivors
After a brain injury, you and your family may require assistance. Here are local North Carolina resources that can help you access the support you need.
North Carolina is home to world-class medical care and support communities, including:
Speak With a Local North Carolina Brain Injury Attorney
Our team knows how devastating a brain injury can be to victims and their loved ones. That’s why we’ve dedicated our practice to protecting the rights of injury victims across North Carolina and securing fair and full compensation.
When Justice Counts™, you can count on Riddle & Riddle Injury Lawyers. Call 800-525-7111 or contact us online to schedule your free consultation.