When a loved one suffers a traumatic brain injury (TBI) due to an accident or someone else’s negligence, it can be devastating. Brain injuries often result in long-term or permanent damage, affecting memory, movement, behavior, and cognitive function. In severe cases, TBI victims are unable to make legal or financial decisions, leaving family members to step in and advocate on their behalf.
If your spouse, child, or another close relative has suffered a TBI in an accident, you may have the right to file a lawsuit to seek compensation for medical bills, lost income, pain and suffering, and other damages. This article will explain when you can file a claim, how the legal process works, and what compensation you may be entitled to receive.
1. When Can You File a Lawsuit for a Loved One’s TBI?
Who Has the Legal Right to Sue on Behalf of a TBI Victim?
In a personal injury lawsuit, the injured person is typically the one who files the claim. However, if a TBI victim is incapacitated, certain family members or legal representatives may file on their behalf. Those eligible to file a claim include:
- Spouse: A husband or wife can file a lawsuit on behalf of their injured partner.
- Parents or Legal Guardians: If the victim is a minor or has been legally declared incompetent, their parents or guardians can take legal action.
- Power of Attorney: If the victim has legally designated someone to make decisions for them, that person can file a claim.
- Court-Appointed Conservator: In severe TBI cases where the victim cannot make legal decisions, a court may assign a conservator to manage the case.
What Are Common Causes of TBI That May Warrant a Lawsuit?
You may be able to file a personal injury lawsuit in Orangeburg, Sc if your loved one’s TBI resulted from someone else’s negligence. Common causes include:
- Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents frequently cause TBIs. If another driver was speeding, intoxicated, or distracted, they can be held liable.
- Slip and Fall Accidents: Falls on unsafe or poorly maintained properties may indicate negligence by the property owner.
- Workplace Accidents: Dangerous work environments, especially in construction and industrial settings, can lead to serious brain injuries.
- Medical Malpractice: Surgical errors, anesthesia mistakes, or misdiagnosed brain injuries can lead to permanent damage.
- Assaults or Violence: If your loved one was a victim of an intentional attack, you may pursue both criminal charges and a civil lawsuit.
If any of these circumstances apply, you likely have legal grounds to file a lawsuit.
2. Steps to Filing a Lawsuit for a TBI Victim
Step 1: Seek Medical Attention and Document the Injury
If your loved one has suffered a TBI, immediate medical care is critical. Even mild TBIs can worsen over time. Ensure they undergo:
- Brain imaging (CT scans, MRIs) to confirm the diagnosis.
- Cognitive testing to evaluate memory and problem-solving abilities.
- Neurological evaluations to assess movement, coordination, and reflexes.
Tip: Keep detailed medical records, including doctor reports, test results, and therapy sessions. These will serve as evidence in your lawsuit.
Step 2: Contact a Personal Injury Attorney
TBI cases are legally complex. Hiring an experienced personal injury attorney in Orangeburg, Sc is essential for:
- Investigating the accident.
- Gathering medical and financial evidence.
- Identifying the responsible party.
- Negotiating with insurance companies.
- Filing the lawsuit within the legal deadline.
Step 3: Establish Liability
To win a TBI case, your attorney must prove negligence by establishing four key elements:
- Duty of Care: The defendant had a legal obligation to act responsibly.
- Breach of Duty: They failed in that duty (e.g., reckless driving, unsafe workplace).
- Causation: Their actions directly and “proximately” (reasonably foreseeable damages from breach of duty) caused the brain injury.
- Damages: The injury resulted in physical, emotional, and financial harm.
Example: If a drunk driver ran a red light and hit your spouse, resulting in a TBI, they violated their duty of care, making them liable for damages.
Step 4: File the Lawsuit and Negotiate a Settlement
Once liability is proven, your lawyer will:
- File an official lawsuit against the responsible party.
- Negotiate a settlement with insurance companies.
- Proceed to trial if a fair settlement isn’t reached.
Many cases settle outside of court, but if the insurance company refuses to pay a fair amount, taking the case to trial may be necessary.
3. What Compensation Can You Seek in a TBI Lawsuit?
TBI cases often involve significant financial and emotional losses. Compensation may include:
Economic Damages (Financial Losses)
- Medical Expenses: Covers emergency care, surgeries, hospital stays, and rehabilitation.
- Lost Wages: Compensation for income lost due to the victim’s inability to work.
- Future Earnings: If the victim cannot return to their career, compensation can cover lost earning potential.
- Home Modifications: Covers costs for wheelchair ramps, hospital beds, or mobility aids.
Non-Economic Damages (Pain & Suffering)
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Loss of Enjoyment of Life: Covers the impact of losing independence or personal interests.
- Loss of Consortium: If the injury affects the marital relationship, spouses may receive compensation.
Punitive Damages (In Extreme Cases)
If the defendant acted recklessly or maliciously (e.g., a drunk driver causing a severe TBI), punitive damages may be awarded to punish their behavior.
4. Legal Challenges in TBI Lawsuits and How to Overcome Them
Proving the Severity of the Injury
Many insurance companies downplay TBIs, claiming symptoms are exaggerated. To counter this, attorneys work with:
- Medical Experts to confirm brain damage.
- Neuropsychologists to document memory and cognitive impairments.
- Life Care Planners to estimate long-term medical costs.
Fighting Against Insurance Companies
Insurance adjusters minimize payouts by:
- Claiming pre-existing conditions caused the injury.
- Offering lowball settlements that don’t cover future medical care.
Your attorney will negotiate aggressively to secure fair compensation.
Statute of Limitations (Filing Deadlines)
Each state has a deadline to file a lawsuit. In South Carolina, victims have three years from the date of the injury. Missing this deadline means losing your right to compensation.
5. Why You Need a Lawyer for a TBI Case
TBI cases require extensive legal knowledge. A lawyer can:
- Maximize Compensation by considering all damages (medical, emotional, financial).
- Handle Complex Legal Processes, ensuring paperwork is filed correctly.
- Protect Against Insurance Tactics that aim to reduce payouts.
Traumatic brain injuries can devastate victims and their families, leading to enormous medical costs, lost wages, and long-term disabilities. If a loved one has suffered a TBI due to someone else’s negligence, legal action can help you secure the compensation needed for recovery. Attorney Bill Connor, has a proven track record of securing multi-million dollar settlements for personal injury victims.
Conclusion: Advocating for Your Loved One’s Future
A traumatic brain injury can change the course of a person’s life—and the lives of those who care for them. If your loved one is suffering due to someone else’s negligence, you don’t have to face this battle alone. Taking legal action is not just about compensation; it’s about securing their future, ensuring they receive the best medical care, and holding the responsible party accountable.
Navigating a personal injury case can be overwhelming, but an experienced attorney can help lighten the burden and fight for the justice your loved one deserves. If you’re ready to take the next step, reach out to The Bill Connor Law Firm for a free personal injury consultation. Let’s work together to protect your family’s future and give your loved one the resources they need for recovery.
