Durham Traumatic Brain Injury Lawyer

Traumatic Brain Injury Attorney in Durham, NC

If you or someone you love has suffered a traumatic brain injury, you understand the life-changing emotional, financial, and physical burden it can create. Seeking compensation for a TBI may take the help of a Durham traumatic brain injury lawyer who can work to hold the responsible party or parties accountable and help you get the compensation you deserve.

The Law Office of Jacob Goad is here to advocate for your rights. Every client receives full attention. Your case is our top priority, and we work tirelessly to guide you through the process and diligently fight to get you what you deserve.

What is A Traumatic Brain Injury

A traumatic brain injury, or a TBI, is an injury that causes damage to the brain tissue. In 2020, there were approximately 214,110 hospitalizations due to traumatic brain injuries in the U.S.  TBIs occur during a trauma to the brain from a blow or sudden jolt. A TBI can result from an injury where the head is injured, but the skull remains intact, or with an open injury. A traumatic brain injury is usually classified as mild, moderate, or severe.

A mild TBI, such as a concussion, usually doesn’t cause long-term complications. Moderate TBIs can cause a loss of consciousness, and severe TBIs can cause long-term or permanent complications such as coma and cognitive impairment, often qualifying as a Catastrophic Injury.

Common Causes of Traumatic Brain Injuries

Traumatic brain injuries can occur in many different ways. Some of the most common causes of TBIs include:

• Car accidents. Car accidents at intersections such as I-40 and NC Highway 55 can result in sudden, violent impacts.
• Slip and fall. A bad fall can sometimes cause a TBI if you land and hit your head on a hard surface.
• Pedestrian vs. vehicle accidents. If you are hit by a car while walking or running, the impact or fall could cause a TBI. In 2023, 60.577 pedestrians were injured in accidents in the U.S.
• A violent assault. A blow to the head could cause a TBI.

Identifying the Responsible Party in a TBI Case

Determining the responsible party in a TBI case can sometimes be complex. Potential responsible parties may be a negligent driver in a car accident, the manufacturer of a defective product, or the property owner where you slipped and fell.

Steps to Take After a Traumatic Brain Injury

If you think you may have suffered a TBI after an accident, you should first seek medical attention. An early diagnosis and treatment plan are important for your health. You should document your symptoms, keep a journal of any headaches or memory issues, and follow all treatment plans. The next important step is to contact a traumatic brain injury lawyer who can help build your case and represent you in Durham.

Possible Damages for A Traumatic Brain Injury

If you have suffered a TBI, a Durham traumatic brain injury attorney can help you seek damages to cover your losses. Damages for a TBI may include both economic and non-economic losses. You may file for damages that include:

• Medical expenses. Expenses may include the initial emergency room visit, surgeries, extended hospital stays, and medication. Other medical expenses may include therapy and rehabilitation.
• Lost income. When you suffer from a TBI, you may not be able to work. You may want to seek compensation for lost wages and diminished earning capacity if your TBI impacts your ability to work.
• Future medical care. Ongoing treatment and rehabilitation after a TBI can be costly. Medical needs may be life-altering and long-term.
• Emotional distress. You may be eligible to seek compensation for the physiological impact a TBI creates, including anxiety or depression.
• Pain and suffering. Damages for pain and suffering may include physical pain and emotional strain.

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Hire A Traumatic Brain Injury Lawyer

When you hire a traumatic brain injury lawyer dedicated to holding negligent parties responsible for your injury, you can count on someone to help gather the evidence needed to support your TBI case. This evidence may be in the form of:

• Medical records
• Witness statements
• Professional testimony

FAQs

What Is the Average Settlement for a Traumatic Brain Injury?

There is no average settlement for a traumatic brain injury. The amounts vary widely depending on the circumstances of the case and the severity of the injury. An attorney familiar with TBI laws can look at your case and help you navigate the legal system if you seek compensation. TBI victims represented by an attorney may recover higher settlements than those who are not.

How Long Does a TBI Claim Take?

The settlement timeline for a traumatic brain injury (TBI) case varies widely depending on its complexity. TBIs often require long-term medical care and treatment, delaying accurate damage assessments until the maximum medical improvement is reached. Disputed fault or liability can prolong negotiations, while cases that go to litigation typically take much longer than out-of-court settlements.

How Long Do I Have to File a Claim for a TBI in North Carolina?

The amount of time you have to file a claim for a traumatic brain injury is based on North Carolina’s statute of limitations. The North Carolina General Statute § 1-52(5) states that you have three years from the date of your injury to file a personal injury claim. Missing this deadline can often prevent you from filing a claim.

Is A Traumatic Brain Injury Hard to Prove?

A traumatic brain injury can sometimes be difficult to prove. Unlike a broken bone or a visible injury, a TBI may not show up on an imaging exam. To establish that you have suffered a TBI in court, your legal team may use medical records, a neuropsychological evaluation showing test results for cognitive function and memory, and professional testimony.

Contact a Traumatic Brain Injury Lawyer

If you have suffered a traumatic brain injury, don’t wait to contact the Law Office of Jacob Goad. We have successfully assisted clients in Durham and the surrounding area and are prepared to help you, too.