Traumatic brain injuries can appear after any head trauma. They can lead to physical, emotional, and cognitive complications. Recovering from brain injuries is both time consuming and costly. If an injury to the brain has hurt you or your loved one, you may be eligible to receive financial compensation from the person responsible for your injury. Call a dedicated Georgetown traumatic brain injury lawyer today to see how they could help you. Catastrophic injury lawyers stand ready to help.
Classification of Injuries
Brain injuries can vary in intensity, from mild, to moderate, to severe.
A mild traumatic brain injury is often called a concussion, which is a temporary, altered mental state in which people may lose consciousness.
A moderate traumatic brain injury occurs when the changes in brain function that follow an impact to the head last for longer than just a few minutes, and sometimes even worsen with time. Some symptoms do not appear immediately after the injury. Sufferers often experience more prolonged periods of unconsciousness and confusion.
A severe traumatic brain injury occurs when there are long-term changes in brain function. Generally, victims of these injuries experience lengthy periods of unconsciousness, comas, or amnesia.
Different Impacts of Injuries to the Brain
All types of brain injuries can have physical, emotional, and cognitive impacts, which vary according to the severity of the brain injury.
- Increased sensitivity to light and sounds
- Loss of vision or blurred vision
- Personality changes
- Memory loss, either short-term or long-term
- Inability to concentrate
Establishing Fault in Georgetown
To receive compensation, a claimant will need to prove that someone else’s negligence or intentional wrongdoing caused their brain injury. In a negligence suit, a claimant will need to prove the four elements of negligence: (1) duty, (2) breach of duty, (3) causation, and (4) damages. For example, if a claimant slipped in an icy parking lot, they could pursue a case for negligence against the owner of the parking lot. A store owner has a duty of reasonable care to its customers. The store owner breached that duty of reasonable care by failing to remove the ice from the parking lot within a reasonable time. The ice in the parking lot caused the claimant to fall and hit their head. That fall and bump to the claimant’s head led to a brain injury.
Accidents are not always exclusively the fault of one party. Sometimes, the claimant’s own negligence partially contributes to their accident. In South Carolina, courts will consider the fault of both the claimant and the defendant. If the court determines that the claimant was more responsible for their accident than the defendant, then the court will bar recovery of damages. If the court finds that the defendant was more responsible for the accident than the claimant, then the court will award damages to the claimant, but it will reduce those damages by the amount that the claimant was responsible for, as outlined in South Carolina Code of Laws Section 15-38-15. For example, if the court finds that the claimant was 30 percent responsible for their accident, then the court will award the claimant 30 percent fewer damages.
Contact a Georgetown Traumatic Brain Injury Attorney Today
Healing from an injury to the brain is very difficult. It takes a great deal of time and money. A successful financial judgment could take away your financial worries and allow you to focus more exclusively on your recovery. In these types of cases, it is essential to work with attorneys who understand more than just the law. You need legal help that comprehends the complicated scientific and medical issues relating to brain injuries. Reach out to a skilled Georgetown traumatic brain injury lawyer today to begin the healing process.