All head injuries should be taken seriously. Even a seemingly minor concussion can have long-term effects.
You have legal rights if you suffer a head injury due to another party’s negligence, recklessness, or intentional actions.
Please get in touch with the Charlotte, NC traumatic brain injury lawyers at Mehta & McConnell, PLLC, to learn more.
While no amount of money can change having a brain injury, this compensation can help ease your financial struggles.
Our brain injury attorneys understand what an emotional and stressful time this is for you and your family.
And during such a challenging time, you shouldn’t be worried about fighting with insurance companies for compensation.
Let us handle the complicated legal issues while you concentrate on your recovery. Contact our office at 980-326-2270 to learn more about pursuing a brain injury claim.
Key Takeaways
- Traumatic brain injuries can result from car accidents, falls, workplace incidents, sports injuries, medical malpractice, and other accidents caused by another party’s negligence.
- To recover compensation, you must prove the other party’s negligence and overcome North Carolina’s strict contributory negligence rule, which can bar recovery if you are even 1% at fault.
- Compensation may include medical expenses, rehabilitation costs, lost income, future care needs, pain and suffering, and other damages related to your brain injury.
- An experienced Charlotte traumatic brain injury lawyer can investigate your case, work with medical experts, negotiate with insurance companies, and fight for the maximum compensation available.
Brain Injury Statistics in the United States
The Centers for Disease Control (CDC) estimate that traumatic brain injuries (TBIs) affect more than 1.7 million people every year.
In 2020, more than 64,000 people died from traumatic brain-related injuries. That translates to around 176 deaths from TBIs every day.
Common Causes of Traumatic Brain Injuries in Charlotte, NC
TBIs can occur in many ways. Some of the most common types of incidents we see include the following:
- Vehicle accidents,
- Sports-related injuries,
- Slip-and-fall accidents,
- Violent crimes,
- Domestic violence,
- Medical malpractice, and
- Military accidents.
This list is not exhaustive. If you suffered a traumatic brain injury from another type of accident, you should still contact our TBI lawyers.
The critical factor is proving that another party’s negligence, recklessness, or intentional misconduct led to your TBI.
Meet Our Charlotte, NC Traumatic Brain Injury Lawyers
Attorney Viral Mehta is the co-founder of Mehta & McConnell PLLC and an experienced traumatic brain injury lawyer who represents individuals injured in rideshare, car, and other motor vehicle accidents throughout North Carolina. A Charlotte native, Mr. Mehta brings valuable insight from his early career defending insurance companies, allowing him to anticipate insurers’ strategies and advocate effectively for injured clients. A North Carolina State Bar Board-Certified Specialist in Workers’ Compensation Law and a North Carolina Super Lawyer, he is dedicated to helping accident victims pursue the compensation they deserve with skilled, personalized legal representation.
Proving Liability in a Traumatic Brain Injury Case in Charlotte, NC
To collect compensation in North Carolina, you must prove the other party was negligent and, therefore, responsible for your brain injury.
The Four Elements of Negligence
You must prove all four elements of negligence to win your case. That means that you must demonstrate the following:
- The defendant owed you a legal duty;
- The defendant breached their legal duty;
- This breach is the direct cause of your accident and resulting brain injury; and
- You suffered verifiable damages from the brain injury.
If you fail to prove even one of these four factors, you won’t be eligible to receive any compensation for your losses.
Pure Contributory Negligence Rule
Building a solid case is crucial because of North Carolina’s strict negligence laws. North Carolina is one of the few states that still follows a pure contributory negligence rule.
This means that you cannot get financial compensation for an accident if you’re as little as 1% at fault.
This restrictive rule is one of the many reasons it’s crucial to work with experienced traumatic brain injury lawyers.
With such a low bar, insurance companies will do everything in their power to prove that you were at least 1% at fault so they don’t have to pay your claim. You need advocates who know how to fight back.
We might even need to hire industry experts to review your case and refute any claim that you were at fault.
Common Types of Traumatic Brain Injuries in Charlotte, NC
The two main categories of traumatic brain injuries are open and closed. A closed head injury means there was no fracture to the skull.
An open head injury indicates that something penetrated the skull making direct contact with the brain.
You’ll find multiple types of brain injuries that fall under one of these two categories. Here’s an introduction to some of the most common TBIs.
Concussions
It’s common to get a concussion, especially in a car or slip-and-fall accident. Concussions occur when some force strikes your body or head, causing your head to move back and forth at a rapid rate.
This movement causes your brain to strike against the skull. You should always seek medical treatment after such head force, even if you don’t think you’re hurt.
Victims with a prior history of one or more concussions are at a higher risk for long-term damage.
Insurance companies like to downplay the seriousness of concussions.
Our North Carolina traumatic brain injury lawyers will fight to protect your rights and help you pursue the maximum compensation possible.
Brain Contusions
Brain contusions are bruises on the brain that often occur in conjunction with a concussion. If a brain contusion doesn’t heal, it could progress into a hematoma.
A hematoma is a pool of blood outside of the blood vessels. It’s a severe injury that might require surgery to correct.
Intracranial Hematomas
Intracranial hematomas refer to blood within the skull, usually caused by a blood vessel that bursts. The blood can pool in the brain tissue or under the skull.
Some intracranial hematomas can be life-threatening, requiring immediate surgical intervention.
Get the Legal Help You Need
Why Charlotte TBI Victims Choose Mehta & McConnell
- Experience with High-Stakes, Complex Injury Claims: Traumatic brain injuries require careful medical documentation and long-term damage calculations. Our Charlotte attorneys bring over 40 years of combined experience to the most serious personal injury claims in NC.
- Board-Certified Specialists Who Understand the Full Value of a TBI Claim: Viral Mehta and Jason McConnell are certified by the North Carolina State Bar and know how to identify and document the full financial impact of a brain injury, including future care needs and lost earning potential.
- Former Defense Attorneys Who Know Insurer Strategies: Both attorneys have defended insurance companies, giving them direct insight into how adjusters evaluate and minimize serious injury claims including TBIs. They use that knowledge to push back effectively.
- Compassionate, Client-First Representation: We understand that a traumatic brain injury affects far more than the injured person alone. Our team handles the legal burden so families can focus on care, recovery, and each other.
- Free Consultation, No Fee Until We Win: Reach out to discuss your case at no cost. We only collect attorney fees if we recover compensation on your behalf.
Brain Hemorrhage
Uncontrolled bleeding on or within the brain is called a brain hemorrhage. Any bleeding like this is serious and requires immediate medical attention.
Diffuse Axonal Injuries
Axons are your brain’s connecting fibers. A diffuse axonal injury (DAI) refers to an injury that occurs when your brain shakes or twists inside the skull, causing axons to rip.
When they tear, it’s called axonal shearing and can result in a loss of brain function. They are hard to pick up in imaging studies because they are microscopic tears.
Coup-Contrecoup Injuries
A coup-contrecoup injury is essentially two injuries in one. The name is French, meaning “blow” and “counterblow.”
For example, if your head moves forward and strikes an object, your brain hits the inside of the skull.
If the head is then forced backward, resulting in a secondary strike against the back of the skull, it’s called a coup-contrecoup injury.
Contact Our Charlotte, North Carolina Traumatic Brain Injury Attorney
If you or someone you love suffered a traumatic brain injury, don’t hesitate to contact our office to schedule an initial consultation.
The lawyers at Mehta & McConnell, PLLC, have decades of combined experience with traumatic brain injuries. We know what it takes to build a successful liability claim for compensation.
We’ll gather and preserve evidence, hire necessary experts, and communicate with the defendant’s insurance company so you don’t have to worry about saying the wrong thing that could cost you your case.
To learn more about how we can assist you with a brain injury claim, contact our office to schedule a free, no-obligation consultation with a traumatic brain injury attorney in Charlotte, NC.
Cases We Handle in Charlotte, NC
- Personal Injury
- Car Accident
- Truck Accident
- Motorcycle Accident
- Pedestrian Accident
- Rideshare Accident
- Wrongful Death
Frequently Asked Questions
What are the most common causes of traumatic brain injuries in North Carolina?
In North Carolina, traumatic brain injuries are most commonly caused by vehicle accidents, including car crashes, motorcycle accidents, and truck collisions. Falls, workplace accidents, and sports-related incidents are also common causes. When a TBI results from another party’s negligence, the injured person may have a legal claim for compensation to cover medical treatment, lost income, and long-term care needs.
How do you prove a traumatic brain injury claim in Charlotte, NC?
Proving a TBI claim requires establishing four elements of negligence: duty, breach, causation, and damages. This typically involves medical records documenting the diagnosis and treatment, expert testimony on the long-term impact of the injury, evidence of how the accident occurred and who was at fault, and documentation of economic and noneconomic losses. A Charlotte TBI attorney works to build this evidence base and present it effectively to the insurer or in court.
What compensation is available for traumatic brain injury victims in Charlotte?
TBI compensation in North Carolina can include emergency care and hospitalization, ongoing rehabilitation and therapy, future medical costs, lost wages and loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Because TBIs often have long-term or permanent effects, the total value of a claim can be substantial, making thorough documentation and legal advocacy essential.
How does NC’s contributory negligence rule apply to TBI cases?
Contributory negligence applies to all personal injury claims in North Carolina, including traumatic brain injury cases. Insurance companies may argue that the injured person contributed to the accident to reduce or deny the claim. This is especially concerning in TBI cases because cognitive symptoms may make it difficult for victims to clearly communicate what happened. A Charlotte TBI attorney can gather and organize the evidence needed to address these arguments.
How long do I have to file a TBI claim in Charlotte, NC?
Most traumatic brain injury claims in North Carolina must be filed within three years of the date of the accident. In cases involving a fatality, the wrongful death statute of limitations is two years. Because TBI symptoms can sometimes appear or worsen over time, it is important to consult with a Charlotte brain injury attorney as soon as possible to preserve your legal options.
Local Resources in Charlotte, NC
If you’ve been injured in Charlotte, these trusted local resources can assist you with emergency care, reporting, transportation, and vehicle repairs. While these services can help in the immediate aftermath, speaking with a lawyer as soon as possible can help protect your rights and your claim.
Police & Public Safety
Charlotte-Mecklenburg Police Department (CMPD) – 601 E. Trade St., Charlotte, NC 28202. Handles local law enforcement, traffic accident investigations, and police reports within Charlotte city limits. Call (704) 336-7600 for non-emergency assistance or records requests. Visit Website
North Carolina State Highway Patrol – Troop H Headquarters – 12101 Mt. Holly-Huntersville Rd., Huntersville, NC 28078. Responds to crashes on Interstate 77, Interstate 85, Interstate 485, and other state highways throughout Mecklenburg County. Call +1 704-331-3300 for highway accident assistance and report inquiries. Visit Website
Mecklenburg County Sheriff’s Office – 700 E. 4th St., Charlotte, NC 28202. Provides law enforcement services for county facilities, court security, and detention operations. For certain county-related records and assistance, call (704) 336-8100. Visit Website
Accident Reports & Records
Charlotte-Mecklenburg Police Department (CMPD) – 601 E. Trade St., Charlotte, NC 28202. Handles local law enforcement, traffic accident investigations, and police reports within Charlotte city limits. Call (704) 336-7600 for non-emergency assistance or records requests. Visit Website
North Carolina Division of Motor Vehicles (DMV) Crash Reports – Request official crash reports for reportable traffic accidents investigated by law enforcement agencies across North Carolina. Request Report
North Carolina State Highway Patrol Collision Information – Request crash reports for accidents investigated by the North Carolina State Highway Patrol on state highways and interstates. Request Report
Medical & Emergency Care
Atrium Health Carolinas Medical Center – 1000 Blythe Blvd, Charlotte, NC 28203, United States. Level I Trauma Center providing 24/7 emergency care, trauma surgery, advanced imaging, and specialized treatment for serious accident injuries. Call 704-355-2000. Visit Website
Novant Health Presbyterian Medical Center – 200 Hawthorne Ln., Charlotte, NC 28204. Offers emergency medical services, trauma stabilization, surgery, diagnostic imaging, and comprehensive inpatient care. Call (704) 384-4000. Visit Website
Atrium Health University City – 8800 N. Tryon St., Charlotte, NC 28262. Provides emergency treatment, diagnostic imaging, orthopedic care, and inpatient services for accident victims. Call (704) 863-6000. Visit Website
Towing & Roadside Assistance
Queen City Towing – Provides 24/7 emergency towing, roadside assistance, accident recovery, and vehicle transport services throughout Charlotte and surrounding communities. Call (704) 332-0001. Visit Website
Collision Repair & Auto Body Shops
Caliber Collision – Charlotte – 10421 S Tryon St, Charlotte, NC 28273, United States. Trusted collision repair provider offering insurance coordination, dent repair, painting, and lifetime warranties on repairs. Call 704-496-7700. Visit Website
Hendrick Collision Center South – Charlotte – 8901 South Blvd, Charlotte, NC 28273, United States. Full-service collision repair and auto body shop specializing in post-accident vehicle restoration and auto glass replacement. Call (704) 527-4900. Visit Website
Auto Repair & Mechanics
Nick’s Auto Repair – 2437 Central Ave, Charlotte, NC 28205, United States. ASE-certified repair facility providing engine diagnostics, brake repairs, suspension work, and post-collision mechanical inspections. Call 704-374-0205.
Woodie’s Auto Service & Repair Center – Uptown Charlotte – 915 S McDowell St, Charlotte, NC 28204, United States. Offers comprehensive automotive repair, inspections, maintenance, and post-accident mechanical services. Call 704-837-7487. Visit Website
Rental Car Services
Enterprise Rent-A-Car – 5489 R Josh Birmingham Pkwy, Charlotte, NC 28214, United States. Offers insurance replacement rentals, daily rentals, and long-term vehicle rental options near Charlotte Douglas International Airport. Call 833-336-0426. Visit Website
Hertz Car Rental – 5489 Josh Birmingham Pkwy., Charlotte, NC 28208. Provides short-term and long-term rental vehicles, including insurance replacement rentals. Call 704-359-0114. Visit Website
Budget Car Rental – 5489 Josh Birmingham Pkwy., Charlotte, NC 28208. Offers affordable rental vehicles, insurance replacement rentals, and flexible transportation solutions. Call (704) 359-5701. Visit Website
Transportation Services
Charlotte Area Transit System (CATS) – Provides bus and LYNX light rail transportation throughout Charlotte and Mecklenburg County, including routes connecting hospitals, courts, downtown, and surrounding neighborhoods. Call (704) 336-7433. Visit Website
Mental Health & Support
Atrium Health Behavioral Health Charlotte – 501 Billingsley Rd., Charlotte, NC 28211. Provides counseling, trauma therapy, psychiatric services, crisis intervention, and mental health support for individuals recovering from accidents and traumatic injuries. Call (704) 444-2400. Visit Website
SAMHSA National Helpline – Free, confidential, 24/7 mental health and substance use treatment referral and information. Call 1-800-662-HELP (4357). Visit Website