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Anyone can fall victim to a traumatic brain injury. However, the Center for Disease Control (CDC) cautions that youth and elderly individuals may be the most vulnerable to these injuries. Sadly, when traumatic brain damage occurs, the effects can be irreversible.
If you suffered from head trauma, you may have difficulty recovering compensation on your own. The companies that insure elderly care centers, drivers, and doctors often fight to save every penny.
Fortunately, a legal representative from Schiller & Hamilton could help. A York County traumatic brain injury lawyer could assess your legal options and gather evidence to support your claim.
Examples of Brain Trauma
To be considered a traumatic brain injury, the damage must meet two conditions. First, the head must suffer a blow from either a blunt or penetrating force. Additionally, impact must result in the disruption of normal brain processes.
In York County, there is a high incidence of driving-related traumatic brain injuries. Generally, these can be caused by head-on and t-bone collisions. Unfortunately, even the safest driving habits are not always enough to prevent injuries at the hands of another inattentive motorist.
Older adults sustain more brain injuries than many other age brackets. When elderly individuals fall in nursing homes or assisted living facilities, they may suffer head impacts. Senior care centers are therefore required by law to provide safe, clear walkways and common areas.
In some situations, faulty products can lead to traumatic brain damage. Failing helmets, faulty medical tools, and airbags that do not release might all provide cause for a personal injury lawsuit in South Carolina.
The above list is not exhaustive, and other scenarios may also give rise to a valid civil claim. A TBI attorney in York might be able to help clients determine other suitable situations.
Shared Fault in York County TBI Cases
In some states, when the judge or jury determines that a complainant shared fault for the injuries they sustain, the lawsuit is immediately disqualified. Thankfully, South Carolina is much more generous to personal injury victims.
Complainants in South Carolina will be subject to “modified comparative negligence” laws. Essentially, modified comparative negligence states that individuals can file a lawsuit when their level of responsibility in an incident is 50 percent or less. However, their total compensation award would be reduced by their percentage of fault. A York County TBI lawyer could help victims determine their level of fault and work to refute the defendant’s arguments of comparative negligence.
Timeline for Filing a Lawsuit
Individuals who suffer a traumatic brain injury in South Carolina are granted a three-year “statute of limitations.” The statute of limitations refers to the window of time within which claimants must file their lawsuit.
Per S. C. C. §15-3-530, individuals generally have three years to begin their claim. However, the case does not need to conclude within this time period. A York County brain trauma attorney could advise victims about the deadlines applicable to their case and help file the claim in a timely manner.
Reach Out to a York County TBI Attorney
When you are recovering from your injuries, the last thing you should focus on is determining liability, gathering testimonies, or researching local laws. Your brain injury case deserves the time and attention of legal professionals.
For many, the process of filing a claim independently is extremely daunting. Fortunately, a York County traumatic brain injury lawyer could handle the details of your case. Call Schiller & Hamilton today to discuss your case.