Charleston County Traumatic Brain Injury Lawyer

The brain is responsible for controlling every conscious and unconscious function that the human body performs, so even a minor injury to the brain can have dramatic and long-lasting effects. Unfortunately, major traumatic brain injuries (TBIs) can do exponentially more harm than a simple concussion. In fact, even just one severe trauma can result in a debilitating and irreversible loss of sensory, motor, and cognitive ability.

In both scenarios, it is crucial to seek guidance from a catastrophic injury attorney who is experienced in handling traumatic brain injury claims if you are considering seeking compensation for the harm a TBI has caused you or a loved one. A dedicated Charleston County traumatic brain injury lawyer with a track record of achieving favorable case results could help you build a compelling claim and secure the best possible outcome.

How Negligence Can Lead to a TBI

In order to hold someone else financially liable for harm caused by a traumatic brain injury, the person must be able to prove that “negligence” by the other party was the main and direct cause of their injury. In practice, that means a TBI lawsuit or settlement demand must establish that all the following criteria apply to their situation:

• The defendant being sued owed a “duty of care” to the plaintiff filing suit, meaning they had a legal obligation to act a certain way under certain circumstances
• The defendant breached their duty by acting irresponsibly or unlawfully
• The breach of duty was the primary cause of the accident, which likely would not have happened otherwise
• The accident was the primary cause of the TBI

Representation from a knowledgeable Charleston County TBI attorney could be crucial to building a strong, evidence-based claim that establishes cause and liability.

What Is “Comparative Fault” and How Could It Affect Recovery Efforts?

Legal counsel may also challenge accusations of “comparative fault” made by a defendant against a plaintiff. This means proving that the defendant was mainly to blame for causing the person’s injury through their negligence. This is important because court precedent says that no person found to hold a majority of the total fault for their own accident can recover any civil compensation for injuries sustained in an accident.

Furthermore, if a TBI victim is found partly but not primarily to blame for the accident, the court may reduce the total amount of compensation available to the injured person by their assigned percentage of comparative fault. This is one of many legal and procedural obstacles that an experienced lawyer could help navigate during a traumatic brain injury claim in Charleston County. They could gather essential evidence to prove that the other person was primarily at fault for the accident and protect your rights throughout the process.

Consult a Charleston County Traumatic Brain Injury Attorney Today

TBIs can be extremely hard to recover from, both physically and financially. However, just like medical professionals can assist you with physical recovery, a skilled legal professional could help you secure financial compensation for your injury.

During a free case evaluation, a Charleston County traumatic brain injury lawyer could answer any questions you may have about your recovery options and explain potential next steps. The person responsible for your injury deserves to be held accountable for their negligent or reckless actions. Get in touch with our team today to set up a confidential meeting to discuss filing a personal injury lawsuit.