You Deserve a
Secure Future

Traumatic Brain Injuries Attorney in Wilmington, North Carolina

In an instant, a traumatic brain injury (TBI) can change a life forever. These injuries, which occur when an external force injures the brain, vary widely in their severity but often leave lasting impacts on individuals’ ability to work, engage in daily activities, and enjoy life as they once did.  

If you or a loved one has received a traumatic brain injury, it's important to get the legal support of a personal injury attorney. At Robert Louis Armstrong Personal Injury Attorney, I will help you understand the details surrounding TBIs, highlighting the importance of recognizing their signs, understanding their potential long-term effects, and seeking legal counsel to ensure your rights and needs are fully addressed. Get in touch with me today for support. 

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when an external force causes brain dysfunction, usually from a violent blow or jolt to the head or body. This type of injury can significantly alter a person's life, affecting cognition, sensory perception, emotional regulation, and in some cases, leading to long-term physical debilitation. 

There are two primary types of brain injuries: 

  • Closed Head Injuries: These occur without any penetration through the skull. The brain is injured by being suddenly jolted within the skull due to an impact, often causing concussions or contusions. 

  • Open Head Injuries: These happen as the result of a severe external force, the impact of which forces the closure of the skull. This type can lead to skull fractures, lacerations, or other penetrative wounds. 

Regardless of the classification of the injury, TBI can result in a spectrum of impairments, from temporary sensory disruptions to chronic and profound cognitive deficits. 

Several types of brain injuries can occur as a result of accidents where a violent movement, a sudden jolt, or an impact happens to the head. Some of the more common accidents that cause TBIs include: 

  • Vehicle accidents

  • Motorcycle accidents

  • Fall injuries 

  • Assault 

  • Being struck by a tool, machine, or object in or around industrial apparatus 

The consequences of brain injury can last a lifetime. Traumatic brain injuries may affect a person’s cognitive ability, personality, emotional condition, and physical well-being. Call me for an appointment if you have a brain injury. I can help. 

Been Injured?

Call Now

Symptoms and Diagnosis of TBI

Recognizing the symptoms of TBI is critical for prompt medical intervention. Symptoms can vary widely depending on the extent and location of the injury. They may include: 

  • Cognitive difficulties 

  • Sensory changes 

  • Motor function impairments 

  • Emotional disturbances 

  • Sleep disturbances 

Receiving a diagnosis for TBI involves a series of neurological exams, imaging studies like CT scans or MRIs, Functional MRIs, Diffusion Tensor Imaging and assessment of symptoms' duration and severity. 

Legal Rights and Options for TBI Victims

Victims of traumatic brain injuries (TBI) caused by the negligence or wrongful actions of another party have specific legal rights. Seeking justice and compensation isn't always easy, but recognizing your rights is the first crucial step. Here's what you need to know: 

  • Right to Compensation: Victims are entitled to seek compensation for damages resulting from the injury. This can include medical expenses, lost wages, loss of future earnings, and pain and suffering. 

  • Time Limits for Filing Claims: It's essential to be aware of the statute of limitations in your state. This law sets the maximum time after an event within which legal proceedings may be initiated. In North Carolina, the statute of limitations for filing a personal injury claim, including a TBI, is three years from the date of the injury. Failure to file within this period can result in the loss of your right to compensation. 

  • Right to Legal Representation: TBI victims have the right to consult and hire an attorney to represent their interests. A knowledgeable personal injury lawyer can offer valuable guidance through the legal process, negotiate with insurance companies on your behalf, and advocate for the best possible outcome in court, if necessary. 

Options for Legal Action

When pursuing legal action due to someone else's negligence or wrongful actions, several options are available: 

  • Personal Injury Lawsuit: One of the most direct methods to seek reparations. This legal action holds the responsible party accountable for the injury and its consequences on your life. 

  • Workers' Compensation Claim: If the injury occurred while at work or performing work-related duties, workers' compensation benefits might be available, providing coverage for medical expenses and a portion of lost wages. 

  • Disability Claims: In cases where a traumatic brain injury leads to long-term or permanent disability, victims may be eligible for government disability benefits through the Social Security Administration. 

If you or a loved one is dealing with the consequences of a traumatic brain injury due to someone else's negligence, seeking knowledgeable legal advice is a vital step towards protecting your rights and securing the compensation you deserve. 

Frequently Asked Questions about Traumatic Brain Injury Claims

What should I do immediately after a suspected TBI? 

First, seek medical attention, even if the symptoms seem minor. Documenting your condition is crucial. Next, make detailed notes about the incident and your symptoms, and contact a personal injury attorney who is experienced in TBI cases. Early legal advice can be invaluable. 

How long do I have to file a TBI claim? 

The statute of limitations varies by state but is three years from the date of injury in North Carolina. An experienced attorney can provide specific guidance based on the circumstances of your case and ensure you meet all critical deadlines. 

Can I still make a claim if my symptoms appeared days or weeks after the incident? 

Yes. It's not uncommon for TBI symptoms to have a delayed onset. Document your symptoms as they develop, seek medical evaluation, and consult with a personal injury attorney as soon as possible to discuss your case. 

What compensation can I expect in a TBI claim? 

Compensation may cover medical bills, rehabilitation costs, lost wages, loss of future earnings, pain and suffering, and, in some cases, punitive damages. The amount depends on the specifics of your case, including the severity of your TBI and its long-term impacts. 

How do I prove another party is at fault for my TBI? 

Proving fault requires evidence that the other party was negligent or acted wrongfully, leading to your injury. Evidence might include accident reports, witness statements, medical records, and expert testimony. An experienced TBI attorney can help gather and present this evidence effectively. 

Will my TBI claim go to court? 

Many TBI claims are settled out of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, your attorney may recommend going to trial to seek the compensation you deserve. 

How can a TBI attorney help with my claim? 

A TBI attorney can offer comprehensive support, including evaluating your case, advising on your rights, gathering evidence, handling negotiations with insurance companies, and representing you in court if necessary. Their expertise can significantly increase your chances of securing fair compensation. 

For more information or to discuss your specific case, contact Robert Louis Armstrong Personal Injury Attorney. Our dedicated team is here to help you through every step of the process, ensuring your rights are protected, with the goal that you receive the compensation you need and deserve. 

Seek Support and Move Forward 

Seeking the right support from medical and legal professionals who understand TBIs is essential. With the right guidance, education, and advocacy, you can take the first steps toward reclaiming your life. If you've experienced a TBI and are looking for comprehensive legal support in North Carolina, including New Hanover, Pender, Brunswick, or Onslow Counties, Robert Louis Armstrong Personal Injury Attorney is here for you. Contact me for a personalized consultation and begin your path to recovery with confidence.