843-636-TREY
Traumatic brain injuries are maybe one of the worst bodily injuries people pick up after an accident.
The brain is central to almost all human activity, as well as our personalities. When the brain is injured, the world can feel thrown upside down. You might be unable to sleep, or you suffer mood swings and have physical impairment.
If you suffered a TBI in a personal injury accident, we urge you to call us! Our firm can immediately get to work helping you bring a traumatic brain injury claim. This is a tough process. But with us on your team, we can successfully navigate the claims process. Speak with a Charleston traumatic brain injury lawyer today.
Why You Need an Experienced Lawyer’s Help
Your first goal must be to get well. TBIs have no easy cure. There’s no pill you can take to make everything better. Instead, the brain will heal itself slowly, often because you rest and don’t stress yourself. This is not the right time to begin handling a personal injury claim.
The typical claim requires:
- Endless forms and other paperwork.
- Evidence to prove both your injuries and who caused the accident.
- Legal analysis and calculation of the dollar value of your injuries.
- Negotiation with the defendant’s insurer or the defendant personally.
- Filing a lawsuit in court to obtain fair compensation before the statute of limitations.
That is a lot of work to handle for the typical traumatic brain injury claim. Few people are prepared to negotiate with seasoned insurance adjusters, and they don’t know how to file a lawsuit properly.
Contact Trey Harrell. A Charleston traumatic brain injury lawyer can begin working on your case, freeing you to focus on what matters most: your recovery and your family.
Opening a Claim
The precise steps will depend on the accident. If you were involved in a car wreck, you can call your insurer and report the accident. They can then reach out to the other driver’s insurance company.
Opening a claim shouldn’t require more than giving your name and personal details, as well as identifying the time and location of the wreck. Do not give detailed answers to questions about what happened.
If you were hurt in a slip and fall or other accident, then you should call the defendant’s insurer to open the claim. Or reach out to us—we’re happy to help!
How Insurers Analyze Traumatic Brain Injury Claims
A TBI claim is analyzed like most other personal injury claims. The key issue is fault—who is responsible for the accident. This is the same analysis if you suffered a back injury or broken leg.
Most cases turn to negligence. Someone did not use sufficient care, and you ended up getting hurt:
- Car accidents—one driver was distracted, breaking the law, or fatigued and couldn’t drive safely.
- Truck accidents—a trucker was distracted or drunk, or the trucking company was negligent in its hiring and supervision.
- Slip and falls—the property owner did not keep the premises reasonably safe for the visitor who fell.
Fault is often hotly contested. Each side might argue the other side is to blame. For example, if you fall in a store, the owner could claim you were scrolling through text messages and not watching where you stepped. By contrast, you would point out that the owner left liquids or other debris on the floor, causing you to fall.
Documenting the Full Cost of Your Brain Injury
Another area of dispute is the value of your injuries. In South Carolina, you can seek financial compensation for all damages. Economic damages include things like medical bills, brain injury rehabilitation, car damage, and lost income.
Brain injury rehabilitation deserves a special mention. You can require physical therapy to help you regain balance and use your limbs, as well as learn to walk again. Speech therapy can help a person speak again if certain parts of the brain were injured. And behavioral therapy helps a person deal with mood swings and other psychological fallout.
Remember to hold onto key evidence:
- All medical bills for treatment
- Insurance statements
- Prescription drug receipts
- Paystubs or other proof of income
A traumatic brain injury claim can also include compensation for mental distress and bodily pain.
These general damages are much harder to prove, but we typically rely on:
- Your own testimony. Keep a journal where you record how you feel each day.
- Testimony from friends and family. They can offer a perspective on how the accident has changed you.
- Prescription drugs. You might take pain medication, anti-anxiety meds, or anti-depressants. Hold onto your bottles.
- Expert witnesses. Your medical team, including a psychotherapist, could testify on your behalf.
Negotiating a Settlement
A lawyer is a great asset for negotiation. Insurance companies will probably make a lowball offer initially, hoping you will snatch it. We have seen insurance adjusters offer little financial compensation for non-economic losses like bodily pain, emotional distress, depression, and things like that. You deserve a fair amount for your suffering, including the mental distress that accompanies a TBI.
Negotiation can take months. We usually begin aggressively, which gives the other side room to come down. However, several rounds of back and forth are necessary to reach an acceptable number.
Someone with a TBI is probably having trouble concentrating or remembering details. You are not in the frame of mind to negotiate a settlement, so make sure to hire a seasoned advocate who knows how insurance companies think.
Speak with Our Charleston Traumatic Brain Injury Lawyer!
Serious TBIs change lives. At the Trey Harrell Law Office, we leave no stone unturned as we build a case for financial compensation.
Give us a call if you’d like to find out more about how we approach TBI insurance claims. We have obtained millions for people injured in a variety of accidents, including car wrecks, slip and falls, and dog attacks. Let us put our firm’s resources to work for you.
Remember Trey Helps!