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Home Personal Injury Brain Injuries

brain-injuriesSuffering a significant brain injury is a life-changing event. A traumatic brain injury (TBI) can cause lasting disability, with changes in mood and difficulty with memory. The injured person may be unable to work and experience a loss of income.

When a brain injury occurs because of someone else’s negligence, such as in a car accident or a slip-and-fall accident, the party at fault may be held financially responsible for the victim’s losses.

If you or a loved one has suffered a brain injury due to someone else’s negligence, you need a strong advocate to fight for the compensation you’ll need to move forward. For decades, our compassionate lawyers at Younce, Vtipil, Baznik & Banks, P.A. have been fighting to help accident victims and their families recover compensation for serious injuries caused by others. Schedule a free case consultation with an experienced Raleigh brain injury lawyer today to learn how we can help you and your family.

Filing a Personal Injury Claim After a Traumatic Brain Injury

As your attorneys, Younce, Vtipil, Baznik & Banks may take the following steps on your behalf:

  • Investigate the accident to determine who may have legal responsibility for your injury.
  • Consult medical, economic, and financial experts to calculate your costs and financial losses up until now and in the future.
  • Contact insurance carriers that have provided liability coverage to those responsible for your injury.
  • Submit a demand letter to the responsible insurance carrier outlining the evidence of their liability for your injury and the compensation needed to make you whole.
  • Negotiate for a proper settlement.
  • File a formal lawsuit in your name and be ready to present a persuasive case for a jury to award full compensation to you in court if necessary.

Our objective will be to recover the maximum compensation available to you for your traumatic brain injury. Most personal injury cases are settled without going to court, but we will be prepared to go to court if necessary.

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What Are Traumatic Brain Injuries?

The brain is encased in and protected by the skull, but it may be injured by trauma or illness. A traumatic brain injury is usually physical damage to the brain caused by a blow to the head or something penetrating the skull and damaging brain tissue. A lack of oxygen also can cause brain damage.

Common types of brain injuries include:

  • Open head injuries. When the skull is penetrated, the injury is classified as an open-head injury. Open head injuries can vary in severity, depending on how the brain is affected.
  • Closed head injuries. A closed head injury means that the skull was not penetrated. This may sound less serious than an open head injury, but sometimes swelling occurs and the brain has no room to expand. Part of the skull may need to be removed temporarily.
  • Concussions. The most common traumatic brain injuries can be caused by a sudden jolt to the head. Depending on the severity, a concussion may heal on its own over several weeks or months. Sometimes, concussions can cause lasting physical or cognitive problems.
  • Diffuse axonal brain injury and focal brain injury. Widespread shearing (tearing) to long connecting nerve fibers (axons) in the brain is called a diffuse axonal injury. That occurs when the brain is injured as it shifts and rotates inside the bony skull. Conversely, a brain injury that occurs in one area, such as contusions and lacerations, is called a focal brain injury. Diffuse axonal injury is usually associated with extended loss of consciousness.
  • Anoxic and hypoxic brain injury. If the oxygen supply to the brain is insufficient for four minutes or longer, brain cells will die and cause permanent anoxic brain injury. Partial lack of oxygen causes hypoxic brain injury, which usually has less serious effects.

How Do Traumatic Brain Injuries Occur?

Typically, a blow or sudden jolt to the head causes a traumatic brain injury. It may occur in a variety of ways, such as:

Oxygen-deprivation brain injuries can occur due to:

  • Birth injury
  • Near-drownings in swimming pool accidents
  • Entrapment, such as a child trapped in the trunk of a car or an abandoned refrigerator or in a construction site cave-in.
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Seeking Compensation for a Traumatic Brain Injury in Raleigh

North Carolina personal injury law provides that if a person or business acts negligently and causes someone else to be injured, the injured individual has a right to be made whole financially. In other words, someone who caused a car accident or a slip and fall accident that left you or a loved one of yours with a significant brain injury may be compelled through legal action to compensate you. If you are injured during the course of your employment, you may be eligible for paid medical care and other benefits through a workers’ compensation claim.

Traumatic brain injuries can cause lasting physical and cognitive disabilities that impair the ability to hold a job or interact with others. Damage to the brain can cause a loss of physical coordination and leave the individual unable to concentrate or understand relatively simple concepts. Some TBI patients experience lasting mood and behavioral problems as well as changes in personality that may cause marital and family relationships to collapse.

A personal injury claim in a TBI case may seek compensation for such losses as:

  • Medical costs of treating a brain injury, including ongoing costs for treatment and personal care of a disabled TBI victim.
  • Lost income and diminished earning capacity for a TBI victim who could not resume working for a living.
  • Pain, suffering, and emotional distress as a result of the accident and injury.
  • Loss of enjoyment of the lifestyle the TBI victim led prior to the accident.
  • A spouse’s loss of consortium, or the injured party’s lost ability to provide love, affection, companionship, and comfort, or to participate in household responsibilities.

Time Limit for Filing a Brain Injury Lawsuit in North Carolina

It is best to speak to a lawyer as soon as possible about a potential traumatic brain injury claim. North Carolina imposes a three-year statute of limitations on most personal injury claims. That means you have three years from the date of injury to file a lawsuit.

This may seem like plenty of time, but investigating and compiling a lawsuit is a complex and time-consuming task. We cannot ethically file a lawsuit without a proper investigation. We also need time for you to recover as much as possible, so we can accurately assess your future medical care needs and how much compensation to seek on your behalf. If your lawsuit is not filed within the time allowed, you could be permanently barred from making a claim.

There is no reason to wait to speak to an attorney if you have suffered a significant personal injury that someone else has caused. An initial consultation with Younce, Vtipil, Baznik & Banks is free. We work on your case on a contingency fee basis. Our fee depends on the compensation we recover for you, and we do not collect our fee until we get money for you.  If we do not get money for you, you do not owe any legal fee.

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Contact Our Professional Brain Injury Attorneys in Raleigh Today

If you or a family member has suffered a severe traumatic brain injury caused by someone else’s negligence, an insurance company may try to approach you with a settlement offer. Insurance companies want to pay out as little as possible, and the settlement they offer is not likely to be anywhere near what you deserve. Do not sign anything an insurance adjuster offers without consulting an experienced personal injury lawyer.

At Younce, Vtipil, Baznik & Banks our skilled personal injury attorneys understand exactly how insurance companies work. Contact us today to discuss your case and what you should expect. Let us know if you prefer to discuss your case in Spanish.

If someone else caused your traumatic brain injury, you deserve full compensation for the pain and suffering this injury has caused you and your family. We will work aggressively on your behalf and be prepared to present a strong case in court if that is what it takes. Let our attorneys fight for you. Contact us and schedule your free consultation now.

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