Traumatic Brain Injury Lawsuits in North Carolina: Understanding Your Rights
When a loved one suffers a traumatic brain injury (TBI) in an accident, the effects can reach far beyond the initial injury. Families may suddenly be dealing with hospital stays, ongoing medical care, changes in behavior or memory, and uncertainty about the future. At the same time, they may be worried about medical bills, lost income, and the cost of long-term care.
At 1Charlotte Injury Lawyers, we help families understand their legal options. Our lawyers can investigate what happened, gather medical records and other evidence, identify who may be responsible, and pursue a traumatic brain injury lawsuit when the circumstances support one.
In this guide, we’ll walk through the legal process involved in a TBI claim. We’ll also explain the types of compensation that may be available, why North Carolina’s filing deadlines matter, and how a Charlotte personal injury lawyer can help build a case.
Common Causes of Traumatic Brain Injuries Our Lawyers See
Traumatic brain injuries can happen in many different types of accidents. Even when an accident does not appear serious at first, a blow or jolt to the head can cause a TBI.
- Car crashes: A collision can cause a person’s head to strike the steering wheel, dashboard, window, or another surface, or cause the brain to move violently inside the skull.
- Truck accidents: Crashes involving large commercial trucks can cause severe impacts that result in traumatic brain injuries and other serious harm.
- Motorcycle accidents: Motorcycle riders have little protection in a crash, making head injuries a significant risk.
Pedestrian and bike accidents: People walking or riding bicycles can suffer TBIs when they are struck by a vehicle or thrown to the ground during an accident. - Falls: Falls on stairs, slippery surfaces, construction sites, or other property can cause a person to hit their head and suffer a traumatic brain injury.
When a loved one suffers a TBI because someone else was negligent, our lawyers can help your family pursue justice. We can gather evidence, negotiate with the other side, and file a traumatic brain injury lawsuit.
Legal Process in Traumatic Brain Injury Lawsuits
Pursuing a traumatic brain injury lawsuit involves more than documenting the initial accident and medical treatment. Our legal team works to build a clear picture of what happened, how the injury has affected your loved one, and what they may need in the future.
The legal process typically begins with an investigation into the accident and the collection of evidence. From there, our lawyers handle negotiations and work toward a fair resolution. If a settlement isn’t reached, we prepare the case for court.
Gathering Evidence
Proving fault requires evidence that connects another person’s actions or negligence to your loved one’s brain injury. Our legal team investigates the accident and gathers evidence such as police reports, witness statements, and medical records.
Depending on how the TBI happened, we may also obtain vehicle data, property maintenance records, employment records, and crash scene photos. We may work with accident reconstruction specialists in complex cases.
As time passes, surveillance footage may be deleted, physical conditions can change, and witnesses may forget important details. Our lawyers act quickly to preserve relevant evidence.
Negotiating for a Settlement
A TBI can affect nearly every part of a person’s life, and our lawyers consider both current and future losses when evaluating a case. This may include medical treatment, rehabilitation, lost income, reduced ability to earn a living, pain and suffering, and the cost of ongoing care or assistance. Our attorneys work with medical professionals and other qualified experts when appropriate.
We handle communications and negotiations on your family’s behalf. Our goal is to pursue the maximum compensation available under the circumstances rather than accepting an early offer that may not account for long-term needs.
Filing a Traumatic Brain Injury Lawsuit
If a fair resolution is not reached through negotiations, filing a traumatic brain injury lawsuit may be necessary. Our lawyers handle the legal filings, communicate with the opposing side, and guide your family through each stage of the case.
Our legal team prepares the evidence and witnesses needed to explain what happened, establish fault, and demonstrate the full impact of the injury. Throughout the process, we keep your family informed and work to protect your loved one’s legal interests.
What You Could Recover in a Traumatic Brain Injury Case
A brain injury can create expenses and losses that continue for years after the accident. The compensation in a traumatic brain injury lawsuit may account for medical treatment, lost income, and pain and suffering. Our lawyers look at both the losses your loved one has already experienced and the ways the injury may affect their future.
Medical Bills and Ongoing Care Needs
Medical treatment for a TBI can involve much more than the initial emergency room visit or hospital stay. Your loved one may need physical or occupational therapy, medications, and cognitive rehabilitation. Brain injuries may also require ongoing assistance or long-term care, such as assistance with daily activities, specialized therapy, and adaptive equipment.
Our legal team tracks medical bills and works with healthcare professionals to account for ongoing costs.
Lost Wages and Future Lost Earnings
If your loved one has missed work, compensation may include lost wages during recovery. A serious brain injury may limit someone’s ability to return to their previous job, work the same number of hours, or pursue the same career.
Our lawyers can use employment records, pay information, and other documentation to establish the income lost because of the accident. We work with financial experts to calculate future lost earnings.
Pain, Suffering, and Reduced Quality of Life
The effects of a brain injury are not limited to financial losses. Your loved one may experience headaches, fatigue, memory problems, difficulty concentrating, changes in mood or behavior, or other physical and cognitive challenges. Pain and suffering damages acknowledge the physical discomfort and emotional distress.
A serious TBI can also change a person’s relationships, hobbies, independence, and ability to participate in activities they enjoyed before the accident. Our lawyers look at how the TBI has changed your loved one’s daily life and overall well-being.
Punitive Damages in Some Brain Injury Lawsuits
Courts may award punitive damages in a traumatic brain injury lawsuit if the defendant’s behavior was especially reckless. These damages are separate from compensation for losses such as medical expenses, lost income, and pain and suffering.
North Carolina generally limits punitive damages to three times the amount of compensatory damages or $250,000, whichever is greater, but the law includes an exception to that cap for certain impaired driving accidents.
When Is the Deadline for a Traumatic Brain Injury Lawsuit in North Carolina?
In general, the deadline for filing a personal injury lawsuit in North Carolina is three years from the date of the injury. However, certain circumstances can affect the deadline. For example, the time limit may be paused if the victim is 18 or mentally incompetent. Different deadlines may also apply when an accident involves a government entity.
Missing the statute of limitations deadline can mean losing your right to recover compensation in a traumatic brain injury lawsuit. It’s important to contact a lawyer as soon as possible.
Contact 1Charlotte Injury Lawyers Today for a Free Case Review.
A serious head injury can change your loved one’s life dramatically. Your family may be dealing with hospital bills, lost financial support, and concerns about the future. If someone else is responsible for the accident, you can pursue a traumatic brain injury lawsuit.
At 1Charlotte Injury Lawyers, we help families throughout Charlotte and North Carolina understand their legal rights. Our attorneys can investigate the accident, gather evidence, and handle negotiations or litigation. We are ready to fight for the compensation your family needs to move forward.
Contact us or call (704) 706-2689 to schedule a free consultation and learn how our legal team can help.
