Have you or a loved one suffered a traumatic brain injury (TBI) in Wilmington, North Carolina? At Shipman & Wright, our Wilmington injury attorneys understand the profound impact brain injuries can have on both the victim’s life and family. Our dedicated Wilmington traumatic brain injury attorneys are here to guide you through your legal journey, ensuring you receive the compensation you deserve. Contact us today for a free consultation about your brain injury case.
What Commonly Causes Traumatic Brain Injuries?
A TBI is a disruption in the normal function of the brain caused by a bump, blow, or jolt to the head, or penetrating head injury. The severity can range from mild, often called a concussion, to severe, which can result in prolonged periods of unconsciousness or amnesia. In some cases, a severe brain injury may result in the wrongful death of a loved one.
Some of the most common causes include:
- Car accidents
- Construction accidents
- Falls
- Motorcycle accidents
- Pedestrian accidents
- Sports injuries
- Truck accidents
- Violence
Identifying the cause of a TBI is the first step in building a solid injury claim for compensation.
Proving Liability for Traumatic Brain Injuries
Establishing liability in TBI cases often involves the concept of negligence. To prove negligence, the injured party must demonstrate that the defendant failed to act with reasonable care, directly leading to their injury.
Furthermore, North Carolina operates under the strict doctrine of contributory negligence, meaning if the injured party is found even slightly responsible for the incident, they may be barred from recovering damages (N.C. Gen. Stat. § 1-139). This stringent approach underlines the importance of having an experienced traumatic brain injury lawyer who can help establish negligence and navigate the state’s contributory negligence laws.
What Compensation Is There For Traumatic Brain Injury Claims?
In TBI cases, the types of compensation you can pursue are varied, reflecting the profound impact these injuries can have on your life:
- Medical expenses: Coverage for current and future medical care related to your TBI or spinal cord injury.
- Lost wages: Compensation for the time you have had to take off work.
- Loss of earning capacity: If your TBI affects your ability to work in the future.
- Pain and suffering: For the physical and emotional distress caused by your injury.
- Punitive damages: Additional compensation to punish the wrongdoer in cases of gross negligence.
The Statute of Limitations For Traumatic Brain Injury Claims
In North Carolina, the statute of limitations for filing a lawsuit related to a TBI is generally three years from the date of the injury (N.C. Gen. Stat. § 1-52). However, it is crucial to understand that certain situations may modify this timeframe, potentially shortening or extending the period you have to initiate legal action.
Furthermore, it is important to note that the statute of limitations restricts the time to file a lawsuit, not to file an insurance claim, which should be initiated as soon as possible with the assistance of a Wilmington traumatic brain injury attorney to ensure that your rights are fully protected.
How Our Wilmington Traumatic Brain Injury Attorney Can Help With Your TBI Claim
Navigating a TBI claim in Wilmington, North Carolina, requires not just legal knowledge, but also a strategic approach tailored to your unique situation. Here’s how our legal team at Shipman & Wright can make a difference:
- A thorough case evaluation: To assess the specifics of your case and develop a compelling strategy.
- Help with navigating the legal complexities: Including contributory negligence and liability issues specific to North Carolina law.
- Maximizing your compensation: Identifying all potential sources of compensation to ensure you receive the full amount you deserve.
- Negotiating with the liable insurance companies: Skilled negotiation to secure fair settlements from insurers determined to minimize your payout.
- Litigation support: If a fair settlement cannot be achieved outside of court, we will be prepared to take your case to trial and fight aggressively on your behalf.
Hiring an experienced Wilmington traumatic brain injury lawyer increases your chances of a successful outcome significantly, ensuring you are not left to navigate this challenging journey alone.
Contact Shipman & Wright for Experienced Representation
If you or a loved one has suffered a traumatic brain injury as a result of someone else’s negligence or wrongdoing, you deserve compensation. The experienced Wilmington traumatic brain injury attorneys at Shipman & Wright are committed to guiding you through every step of your legal journey, from understanding your rights to securing the compensation you deserve.
Reach out to our law firm today for a free consultation to learn more about how we can support you. Call (910) 762-1990 or fill out our online form.