415+ Google Reviews
If you or someone you love has sustained a traumatic brain injury (TBI), you may have to contend with a wide array of legal questions and implications. A Rutherfordton brain injury lawyer can help you answer such questions as:
- Do you have the right to sue someone for causing your TBI?
- Who can you sue for a TBI, and how much might they owe you?
- Does the TBI mean that you are no longer capable of making sound legal or medical decisions?
- Should you give a relative or a legal expert power of attorney?
Can You File a Legal Case After a TBI?
If you can find strong evidence showing that someone else caused your injury, then yes, you have every right to sue them for compensation, such as:
- Pain and suffering
- Medical expenses
- Disability
- Loss of income
- Loss of quality of life
- Loss of earning capacity
- Disfigurement
- Property damage
- Loss of consortium
If someone passes away because of a head injury, their surviving relatives can seek damages for funeral costs and loss of companionship, among other things.
File Your TBI Case Soon
Your family needs money as soon as possible, and you have only a limited time to pursue damages from the responsible party.
For example, the legal deadline in North Carolina (N.C. Gen. Stat. §1-52) and in South Carolina (S.C. Ann. §15-3-530) is generally three years. However, these deadlines refer only to personal injury cases. If you must file a wrongful death lawsuit, the statutes may be different. You can talk to an attorney to find out what the personal injury laws say in your area.
TBI Legal Cases Can Take a While
While it is understandable for you to want a settlement of your personal injury claim as quickly as possible, the liable party’s insurance company may do what it can to lengthen your case and minimize your payout. Some cases take several years to conclude.
This is another reason why it is so important to consult a law firm about the legal implications of TBIs. Traumatic brain injury lawyers do all of the tough casework for their clients, enabling accident survivors to pursue the money they need without being present in the courtroom or the negotiating room.
Who Is Legally Responsible for Your Brain Injury?
The answer to that question is different for everyone. It is the job of personal injury attorneys to help people like you by carefully investigating each individual case and determining who bears legal liability for the accident. For instance:
- Were you hit by a car that failed to stop at a red light or a stop sign? Your most likely target for a personal injury lawsuit is the reckless driver.
- Did a faulty product (e.g., a car part or a piece of furniture) contribute to your injury? The manufacturer may be to blame.
- Did your accident take place while you were on the job? You can apply for workers’ compensation benefits from your employer.
- Was a truck or a bus involved in your accident? In that case, the vehicle’s driver may share responsibility with their employer.
What the Liable Party Owes You for Your TBI
As listed previously, there are many different kinds of compensation that you can ask for when you file a legal case against the at-fault party. It is important that you do not simply request random items or amounts, however. The law is very specific about what the at-fault party owes you:
- You can only seek compensation for losses tied directly to your injury. You and your personal injury lawyer can work out how much you have already lost, as well as what you may reasonably expect to lose in the years ahead.
- You must have proof that the party you are suing caused your accident and that your brain injury and all of the ensuing symptoms and consequences occurred as a direct result of that accident.
- In very rare cases, a plaintiff can receive punitive damages, money intended to further penalize an at-fault party who displayed an unusually high level of negligence or disregard for human life.
Personal Injury Lawyer Near Me 828.286.3866
Brain Injuries and Legal Power of Attorney
According to the Cleveland Clinic, TBIs can be permanently disabling, physically and/or mentally. Long-term symptoms of a moderate to severe brain injury may include:
- Increased risk of mental illness
- Changes in mood or mood swings
- Trouble speaking or communicating
- Trouble concentrating or absorbing complex information
- Memory problems
For all of these reasons and more, you might have to consider allowing someone else to make critical life decisions for you, either temporarily or permanently.
The Legal Implications of Designating Power of Attorney
When you give someone the power of attorney, it means that you are authorizing them to make important decisions in your stead. The person who has legal power of attorney can, for example, file your taxes or choose what to do with your business or personal property.
An estate planning lawyer can help you designate power of attorney if you have not already done so. It is usually better to do this before anything bad happens so that there is no question about your wishes should you become incapacitated.
Brain Injuries and Healthcare Power of Attorney
Similar to legal power of attorney, designating a healthcare power of attorney gives someone you trust the ability to make decisions about your medical care. This often refers to DNR (do not resuscitate) orders, but it can also let that person make a wider range of healthcare choices, depending on how much power you give them.
It is very difficult to have to think about putting your life, perhaps literally, in another person’s hands. A lawyer can walk you through the pros and cons of designating power of attorney and make sure that everything goes the way you want it.
Our Attorneys Understand the Legal Aspects of TBIs
Farmer & Morris Law, PLLC, has served over 10,000 clients, including TBI clients. If you want to know what the legal implications of TBIs are and what rights you have after suffering a mild, moderate, or severe brain injury, call us today. Our legal professionals offer a broad range of services that can help you sue for damages, designate power of attorney, and beyond.
