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Sadly, traumatic brain injury (TBI) is one of the leading causes of disability and death in the United States. TBIs contribute to approximately 30 percent of all injury-induced fatalities in the country. The side effects that accompany TBIs can last for days, weeks, months, and, in some cases, for the rest of the injured individual’s life. Additionally, the entire family of a patient who suffers a TBI is often affected for years to come.
The personal injury attorneys at the Hughey Law Firm, located in Greenville, South Carolina, have secured over $140 million in verdicts and settlements for clients seeking justice for themselves or their family members. Our legal team understands how to use the evidence surrounding the issue to achieve the best possible outcome for victims and their families.
Recently, we secured a $500,000 settlement for a North Carolina woman who suffered a TBI when a golf cart knocked her down while on vacation. After being hit and falling on the pavement, the client suffered two skull fractures, brain bleeding, and permanent brain injury. The victim alleged that the accident was caused by a disconnected reverse warning buzzer. Our legal team was able to reach a favorable settlement without going to trial.
Furthermore, we recently settled a case involving a client who suffered a traumatic brain injury from a slip and fall accident that occurred at an assisted living facility. We secured $250,000 in compensation for our client.
The above success stories depended on the specific circumstances of each case. We cannot guarantee a favorable result in your case, but our past success illustrates our legal team’s dedication to seeking justice for our clients.
Falls, being struck by an object, motor vehicle crashes, intentional harm, and assaults are the leading causes of TBIs. Achieving a full recovery from a TBI is more difficult for older adults, young children, and teenagers. Some symptoms start immediately after an accident, while others don’t appear until days or months after the injury.
TBIs can cause the following:
TBIs can occur due to falls from a bed, down stairways, in the bathtub, or other precarious locations. For example, if a landlord does not ensure that the stairs in his or her building are safe to use, the owner may be held accountable. If a ladder’s safety locks or rubber leg covers are faulty, the manufacturer of the ladder may be liable. If a bed in a nursing facility is too high for older adults to access, whether when getting into the bed or getting out, the assisted living company officers may be at fault.
Vehicle collisions are also a common cause of TBIs. An intoxicated driver may be held liable for an accident that he or she causes, particularly if the accident involves a pedestrian or serious injuries. A distracted driver can also be accountable if he or she causes an accident. Motorcycle drivers may blame their motorcycle’s defective design for accidents that involve TBIs.
Shaking a child or infant, whether by a mother or another caregiver, can result in TBI for the child. Assaults, gunshot wounds, and domestic violence are among the most common causes of traumatic brain injury. In these types of cases, the abuser is liable for any injuries that he or she causes.
Faulty helmets, ricocheting balls or hockey pucks, a brutal hit during a boxing match, or a poorly designed skateboarding park are all dangerous and potential causes of TBI. Ill-designed equipment, high-impact hits, and multiple concussions all play a role in athletic injuries that result in TBI. Teams, schools, managers, team owners, team doctors, and others may be liable for injuries incurred by team members in professional, college, high school, and youth sports.
Combat injuries often result in traumatic brain injuries, especially when soldiers experience explosive blasts. Penetrating wounds and significant blows can wreak havoc on young men’s and women’s brains, particularly if the accidents involve shrapnel or other debris. The Federal Tort Claims Act (FTCA), states that a soldier, or his or her family, may file a claim against any branch of the armed services to receive compensation for injuries or property damage sustained in combat. These claims often involve military negligence, auto accidents involving government vehicles, or any case in which the VA is named a defendant. Depending on the severity of the TBI, veterans can receive up to a 100 percent disability rating and veteran disability compensation.
The types of damages that a TBI victim may suffer include:
South Carolina is a modified comparative negligence state, which means that a victim’s level of liability plays an important part in determining compensation. If a court determines that a plaintiff contributed to his or her injuries, the court will reduce the total damages award according to the plaintiff’s percentage of fault. If a court determines that a plaintiff was more than 50 percent responsible for the accident, then state law prohibits the plaintiff from recovering any compensation.
The state’s exclusivity rule states that compensation for personal injury cases against an employee and employer that involve workplace injuries should be filed with the state’s workers’ compensation program. In most cases, a tort action is not permitted, as the state’s Workers’ Compensation Commission has exclusive jurisdiction.
Insurances companies generally prefer to settle cases outside of court, because at trial they may face an unpredictable outcome.
Personal injury cases can be complicated and confusing, which is why victims should work with a qualified attorney who has experience representing plaintiffs in personal injury cases. You should retain an experienced lawyer as soon as possible to represent you in negotiations with insurance companies and in litigation to maximize your chances of receiving compensation for the full cost of your injuries.
Hughey Law Firm’s personal injury attorneys know that success comes from experience, hard work, and commitment. That’s what you get when you choose us. Call the Hughey Law Firm today at (843) 881-8644, or contact us online, to schedule your free consultation with one of our experienced attorneys to discuss your Greenville, South Carolina, TBI case.
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