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When you or a loved one suffers a traumatic brain injury (TBI), the consequences can be devastating and life-altering. The situation surrounding medical bills, insurance claims, and compensation can quickly become overwhelming.
At Miller, Dawson, Sigal & Ward Injury Attorneys, our Columbia traumatic brain injury lawyers understand the challenges you’re facing, and we’re here to help. It may appear like an uphill battle to deal with an injury claim, but you are not alone.
Keep in mind that you have rights despite all this chaos. Our personal injury lawyers in Columbia can take care of everything while you focus on what truly matters. Reach out to the Thumbs Up Guys today for a free consultation and take the next step toward your financial recovery.
Challenges in Traumatic Brain Injury Claims
Pursuing a case for a traumatic brain injury (TBI) can come with unique challenges that require the help of an experienced lawyer. Our lawyers have helped TBI victims and their families to overcome these obstacles and recover significant compensation.
Here are some common hurdles people typically face during TBI litigation:
Proving Cause and Fault
Showing a clear link between the defendant’s actions and the plaintiff’s traumatic brain injury can be difficult, especially if the injury wasn’t obvious right away or if the plaintiff had pre-existing conditions.
Our firm can work with medical experts and accident recreationists to gather evidence proving what caused the injury.
Calculating Total Damages
TBIs can lead to a wide range of physical, cognitive, and emotional impairments, making it hard to accurately tally up all the damages. This includes current and future medical bills, lost income, diminished future earnings, pain and suffering, and loss of enjoyment of life.
The lawyer will closely consult medical professionals, economists, and others to calculate the true costs to ensure that none of your losses are overlooked or excluded.
Invisible Injuries
Unlike visible injuries, the effects of a TBI may not be immediately apparent or easy to quantify. This can make it challenging to convey to insurance companies or juries just how severe the injury is.
TBI lawyers can effectively communicate the long-lasting impacts faced by clients and work with medical experts to present expert witness testimony and evidence.
Delayed Symptoms
Sometimes, the full extent of a TBI isn’t realized until months or years after the initial injury, complicating efforts to link it to the accident and quantify damages. We can seek medical evidence and specialist testimony to address delayed symptoms and provide a comprehensive prognosis.
Insurance Tactics
Insurance companies may try to downplay the severity of the TBI or argue the symptoms aren’t related to the accident. They may also use tactics to delay or minimize settlements. Our Columbia TBI lawyers will combat these tactics to protect the client’s rights.
Time Limits
In South Carolina, you have a limited window called the statute of limitations. Under S.C. Code § 15-3-530(5), you have three years in most circumstances to file a personal injury lawsuit. Missing this deadline will result in your case being dismissed.
You must act promptly to meet this cutoff, or you will forfeit your right to collect any compensation.
Overcoming these challenges requires in-depth TBI case knowledge, extensive personal injury litigation experience, and fervent advocacy for brain injury survivors’ rights and fair compensation.
Our traumatic brain injury attorneys in Columbia have the knowledge, experience, and resources to maximize your claim.
What if I’m Not Sure I Can Afford an Attorney for My Claim?
Don’t let financial concerns stop you from getting the legal help you deserve after a traumatic brain injury. At our firm, we work on a contingency fee basis – meaning you pay no upfront costs or attorney fees unless we recover compensation for you.
We’ll handle all the legal work while you focus on your recovery, and we only get paid if we win your case. You have nothing to risk by consulting one of our Columbia traumatic brain injury lawyers today.
It is free to discuss how we can fight for the maximum compensation you’re owed without any out-of-pocket costs to you.
What Damages Can I Recover in a TBI Claim?
In a traumatic brain injury (TBI) claim, several types of damages may be recoverable, including:
- Medical Expenses: This includes the cost of emergency treatment, hospitalization, surgery, rehabilitation, assistive devices, and ongoing care related to the TBI. Both past and future medical expenses can be claimed.
- Lost Wages: If the TBI renders the victim unable to work or limits their earning capacity, they can recover lost wages and future lost earnings.
- Pain and Suffering: TBIs often cause significant physical pain, emotional distress, and a diminished quality of life. Compensation for these non-economic damages can be pursued.
- Loss of Enjoyment of Life: A TBI can prevent victims from participating in activities and hobbies they once enjoyed, leading to a claim for loss of enjoyment of life.
- Household Services: If the TBI prevents the victim from performing household tasks and services they once handled, the cost of hiring assistance can be recovered.
- Disability or Disfigurement: In cases of permanent disability or disfigurement resulting from the TBI, additional compensation may be awarded.
- Punitive Damages: If the defendant’s actions were particularly egregious or reckless, punitive damages may be awarded to punish and deter such behavior.
- Wrongful Death: If the TBI ultimately results in the victim’s death, their surviving family members may be entitled to wrongful death damages, including funeral expenses, lost income, and loss of companionship.
An experienced TBI lawyer can thoroughly evaluate the unique circumstances of each case and pursue the full range of damages to which the victim or their family may be entitled.
Contact a Columbia Traumatic Brain Injury Law Firm for a Free Case Evaluation
If you or your loved one has suffered a life-altering traumatic brain injury, don’t try to handle this legal battle alone. The Columbia TBI lawyers at Miller, Dawson, Sigal & Ward are here to be your devoted advocates from start to finish.
We have the experience and tenacity to overcome the unique challenges of TBI claims and recover the maximum compensation you deserve for your damages. Contact us today for a free, no-obligation consultation to discuss your rights and legal options moving forward.
