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 to learn more about pursuing a brain injury claim.
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 North Carolina
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.
Proving Liability in a Traumatic Brain Injury Case
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
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.
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 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 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.
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.
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 Lawyers
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.