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Brain injuries are among the most expensive injuries to treat, and even mild injuries can lead to lifelong challenges. Brain injuries vary in severity from mild concussions to life-threatening penetrating wounds. Some concussions heal on their own with time and rest, while others cause permanent damage. Similarly, severe traumatic brain injuries (TBIs) can leave victims in a coma or a permanent vegetative state if they survive.
Life after a brain injury might mean long-term care, but it can also mean agonizing emotional struggles for the victims and their families alike. The physical pain of the injury sometimes pales in comparison to the emotional trauma and stress of coping with the loss of cognitive functions and motor skills. Additionally, brain injury victims who contributed to the household income or entirely provided for a household, sometimes cannot work. This can create a great deal of economic hardship.
After a TBI, some families end up in foreclosure, accumulate massive amounts of credit card debt, have cars repossessed, or need to file bankruptcy. In the worst cases, families struggle to pay their monthly expenses and might even have difficulty with day-to-day needs.
You don’t have to live like this. If you have recently sustained a brain injury or you are coping with a loved one who suffered a brain injury, South Carolina permits you to take legal action if the injury occurred as a result of negligence or intentional harm. Financial compensation would not erase the harm, but it could help provide funds for needed medical care and alleviate some or all of the economic stress associated with a severe injury.
An experienced South Carolina brain injury attorney who understands the complexities of brain injury claims can guide you and your family through this difficult time. Contact the legal team of South Carolina personal injury lawyers at Hughey Law Firm online or at (843) 881-8644 for a free consultation to discuss the circumstances of your brain injury and to learn about the ways we could help you move forward.
The brain injury attorneys at Hughey Law Firm have experience in the negotiation, settlement, and litigation of personal injury claims, including those involving brain injuries. The firm’s dedication to client advocacy and justice has led to the recovery of millions in damages from settlements and jury verdicts for clients over the years. We have helped clients alleviate some or all of the financial burden that is often associated with costly brain injuries.
Examples of recent case results in brain injury cases include the following settlements and jury awards:
These financial outcomes serve as examples of what might be possible for your brain injury claim; however, they do not guarantee specific results for your case. Each brain injury case has distinctive circumstances that can add to or detract from its value. The dedicated legal team at Hughey Law Firm has experience and resources to investigate brain injury claims, gather relevant evidence, and build the strongest case possible against those responsible for our clients’ injuries. Contact us today to see what we can do for you.
Brain injuries are medically referred to as traumatic brain injuries (TBIs). They include a host of injuries that occur as a result of the disruption of normal brain function caused by direct or indirect trauma to the head, according to the Centers for Disease Control and Prevention (CDC). Brain injuries include concussions from car accidents, slip and fall injuries, and playing sports, but they also include penetrating brain injuries that occur in car accidents or as a result of a gunshot wound.
Even the least severe TBIs can lead to lifelong complications for patients, and untreated TBIs can be life-threatening. The CDC estimates over 2.5 million people visit emergency departments for brain-injury related treatment each year across the United States. Close to 300,000 visits lead to hospitalization, and over 55,000 people die each year from brain injuries. This also includes close to 25,000 children who needed hospitalization for a brain injury and over 2,500 who lost their lives.
A wide variety of accidents, events, and behaviors can cause head trauma and lead to potentially dangerous traumatic brain injuries. The CDC warns that older adults are the most vulnerable for brain injuries, followed by young children. This is because both groups struggle with mobility. Yet, anyone can suffer a brain injury.
Examples of scenarios that sometimes lead to traumatic brain injuries include:
Seeking immediate medical care after head trauma can prevent further damage to the brain, but it cannot undo the damage. People who have suffered moderate to severe brain injuries face complications for the rest of their lives. Children are especially vulnerable because brain injuries slow or stop brain development.
Below are examples of common effects brain injury patients sometimes experience:
Diagnostic imaging, hospitalization, surgery, medication, and the expense of a long-term care facility are only a few of the expenses that make brain injuries among the most expensive injuries. Brain injury victims and their families often suffer economic loss and hardship in several ways.
If you have suffered a traumatic brain injury or someone you love has suffered a TBI, South Carolina law permits you to take legal action when another party caused the injury. If you reach an agreeable settlement with the insurance company, or the jury rules in your favor if you have to litigate, you might recover compensation the following brain injury-related losses:
Brain injuries have several associated treatment expenses that begin with an ambulance ride and emergency room visit. Patients sometimes need to be hospitalized for weeks or months, especially if they need surgery. Other expenses include diagnostic imaging like CT scans, surgical aftercare, follow-up doctor visits, and prescription medication.
In the most severe cases, TBI patients suffer catastrophic injuries and permanent damage requiring families to help them get ongoing treatment and around-the-clock care for the rest of their lives. Long-term nursing care facilities are costly, and health insurance only covers them when someone has purchased a special policy. If a brain injury victim needs to go to a nursing home, the financial consequences can bankrupt a family.
Even those who suffer concussions need rehabilitation for the chance to make a full recovery; but, the more severe the brain injury, the more therapy a patient needs. Depending on the extent and location of a traumatic brain injury, patients might need specialized treatment including physical therapy, occupational therapy, counseling, speech therapy, or others.
The ultimate goal of rehabilitation is to help a TBI patient make as complete of a recovery as possible and to learn ways to cope with any permanent conditions or disabilities. Some brain injury victims must also depend on assistive devices and technology as part of their recovery including wheelchairs, computers, and canes.
After a brain injury, many who work have to take some time off for recovery. In the most severe cases, TBI patients cannot return to their job. In either situation, time away from work sometimes means disability payments. These payments only last for a limited time, and they only cover a portion of lost wages. In either situation, medical bills are rolling in while one or more working members of a household need to take time off for recovery or to care for a loved one who suffered a TBI.
For patients who suffer catastrophic TBIs, the lost wages portion of a brain injury claim also includes lost earning capacity, also referred to as lost future wages, because the patient cannot work for the rest of his or her life.
Whether a traumatic brain injury patient is single, partnered up, or married with children, they had a certain amount of household tasks they were responsible for before injury. In severe TBI cases, patients cannot do yard work, repair things around the house, take care of their lawn, drive, shop for meals and other daily needs, cook, do laundry, clean, or take care of children. Sometimes victims and families need to spend money to replace that labor by hiring a lawn care service, personal assistant, nanny, handyman, or other outside help.
Brain injury victims suffer many losses that are not easy to quantify. Lawyers and insurance companies value claims and include compensation for some of the impacts that an injury has on a person’s life. Compensation for physical pain and suffering, and the emotional stress that comes with a severe injury, is typically included in brain injury claims. Examples of other non-economic damages include damage to personal relationships from the injury, such as loss of consortium with a spouse, and compensation for a decrease in a patient’s quality of life.
Sometimes traumatic injuries lead to the sudden and tragic loss of a loved one. South Carolina law permits eligible surviving family members to seek compensation for damages by bringing a wrongful death suit against the person, business, or other entity that caused the death of a loved one. Survivors can receive some of the damages listed above as well as reimbursement for the funeral and burial costs.
Damages for non-economic losses based on the relationship with the deceased might also be included in a jury verdict or insurance settlement. Examples include loss of companionship for surviving spouses, loss of parental support for minor children, and emotional distress related to the loss of a loved one.
A South Carolina brain injury lawyer, like those at Hughey Law Firm, can answer questions about wrongful death, evaluate the viability of your claim, and advise you on the best path forward for you and your family during this difficult time.
If you have sustained a brain injury or another member of your family has suffered one, let the legal team at Hughey Law Firm handle the details of your brain injury claim while you concentrate on healing and rehabilitation. A brain injury lawyer from our team can guide you through the claims process, investigate the circumstances of your brain injury, gather the evidence you need to support your case, and pursue the maximum compensation for your injuries.
If you or suffered a brain injury in South Carolina, contact Hughey Law Firm online or at (843) 881-8644 for a free consultation to discuss the specifics of your brain injury, the ways it has affected your life, and how we might help you move forward. The team at Hughey Law Firm wants to help you get the compensation you need for your injuries, from an insurance settlement or court-awarded damages. Contact us today for more information.
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