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According to the South Carolina Department of Health and Environmental Control, about 1,117 people die from traumatic brain injuries (TBI) each year. Over 11,000 people visit the emergency room each year because of traumatic brain injuries. Deaths from TBI are most common in people aged 20 to 34 years old.
Yearly, 33 percent and 22 percent of motor vehicle crashes account for fatal and non-fatal traumatic brain injuries in South Carolina, respectively. The second most prevalent cause of fatal TBI is suicide at 24 percent, then homicide at 12 percent. Falls account for the most cases of non-fatal traumatic brain injuries at 35 percent. Being hit by or against something causes 11 percent of traumatic brain injuries in South Carolina while assaults account for 10 percent of TBI.
If you or a loved one are suffering from a traumatic brain injury, contact Hughey Law Firm for a free consultation.
TBI could be mild, moderate or severe. According to the U.S. Department of Health and Human Services, symptoms range from headaches to seizures and loss of consciousness after hitting your head.
If you are suffering from a mild TBI, you might experience one or more of these symptoms—usually more than one minor symptom, though some people may exhibit just one symptom, such as being light and sound sensitive.
If you or a loved one is suffering from a moderate or severe traumatic brain injury, your symptoms may include one or more of the following:
A TBI lawyer works with a team of people to help you get the compensation you deserve if you are suffering a traumatic brain injury because of the actions or inactions of another person. Your legal team will:
Once your attorney reviews all the necessary information to help build your case, the attorney negotiates with the defendant’s attorney to get you the compensation you deserve. However, if the defendant’s attorney will not come to a fair settlement, your attorney will take your case to court.
Depending on the circumstances of your accident, you may be entitled to different types of compensation. Economic or special damages cover items with a cost, such as lost time from work or medical bills. Non-economic or general damages cover items without a cost, such as loss of companionship or pain and suffering. Punitive damages are only awarded if the defendant’s behavior that caused the accident was grossly negligent or if the defendant’s actions or inactions were done with the intent to harm.
If you are entitled to future medical costs and future lost wages, your attorney will evaluate your injuries and make a best guess as to how long you may be out of work or may need medical care. If you have underlying issues that slow or may prevent healing properly, such as diabetes, you should always let your attorney know so that he or she is able to better estimate future costs in your case.
Punitive damages are used to punish the defendant for intentional or grossly negligent behavior, such as driving under the influence or refusing to provide the proper safety equipment required by law on specific jobs. If safety equipment is provided but it is not working properly, that is the same as not providing it at all. If you are entitled to punitive damages, you could be entitled to millions of dollars.
In most cases, any personal injury lawsuit has deadlines associated with it. The statute of limitations states that you must file a lawsuit to recover compensation for injuries from any type of accident within a certain period of time after the accident. You could have as little as a year to file a lawsuit. If you file one day late, you won’t be able to collect compensation from the defendant, even through a settlement.
Even if you don’t feel well, you should contact a traumatic brain injury attorney as soon after the accident as possible. This not only allows the attorney to investigate the case and try to work a settlement prior to filing a lawsuit—which makes your case public record, but it is also the best time because the events that led up to the accident are fresh in your mind.
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