If you have a brain or spinal cord injury, managing your daily obligations and engaging with activities and people you love can be challenging. If someone else’s wrongful conduct — like a drunk driver or negligent shop owner — caused an accident that harmed you, you may be able to seek compensation using South Carolina’s personal injury laws. These laws allow victims of catastrophic and serious accidents to request damages from the people or companies responsible for what happened to the victims.
If you are in this position, a Greenville spinal injury lawyer at Dan Pruitt Injury Law Firm is prepared to help you. Our distinguished team can assist you by learning about your accident and injuries, researching the applicable laws, and estimating the value of your claim. We can also file legal paperwork on your behalf, prepare and present arguments in court, and negotiate a settlement of your claim.
Understanding Traumatic Brain and Spinal Cord Injuries
Traumatic brain and spinal cord injuries impact millions of people in the United States. Having a spinal cord injury can cause the person to experience significant limitations in their ability to move, talk, walk, use their bowels, and (in rare cases) breathe on their own.
If the person has a complete injury to part of their spine, they may never regain some functions below the level of the wound. If they have an incomplete laceration in that area, they may still have and possibly restore function in the regions below the injury.
Common Causes of Brain and Spinal Injuries: Accidents and Falls
Many traumatic brain and spinal injuries are caused by accidents and falls. Common types of accidents that may result in this type of harm include car crashes, drunk driving collisions, being struck by falling objects or heavy machinery, and commercial truck wrecks.
Falls may be due to clutter in hallways or near stairwells, poorly constructed houses or decks, or slippery substances on the ground that cause someone to slip and fall. Sports are another everyday activity that can result in serious injury to someone’s brain or spine.
Long-Term Impacts of Brain and Spinal Injuries on Daily Life
Someone with a spinal cord injury may have permanent nerve damage, paralysis, and loss of function in essential parts of their body. For example, someone with a complete spinal cord injury in their lower back may not be able to walk again.
Likewise, someone with incomplete cervical spine — neck — damage may struggle to move parts of their arms, trunk, or legs and may experience numbness and paralysis. Additionally, someone with a significant brain injury may have lifelong challenges with thinking, remembering, or talking, as well as with making coordinated movements with their body.
Can You File a Lawsuit for Brain or Spinal Cord Injuries?
You may be able to file a lawsuit to claim compensation for your condition if you can prove someone else is at fault. To qualify to sue, you need to be able to show that a person or organization had a legal obligation to you and made a careless mistake that harmed you.
For example, a crash victim may request damages from a drunk driver or trucker who injured them. A brain & spinal injury attorney in South Carolina can help determine if you can claim restitution by taking legal action.
Key Evidence Needed in Brain and Spinal Injury Cases
When seeking compensation because of trauma to your spine or brain, you will need to gather and appropriately use evidence to support your claim. Evidence you may need could include medical documents describing how you were injured, the diagnoses and treatments you received from your providers, and the projected recovery outlook.
Additionally, you may need to locate and use accident reports, like forms created by or submitted to the police. Lastly, you may need evidence to support the amount of damages you would like to request, such as hospital bills, prescription costs, home care expenses, and rehabilitation services.
What Compensation Can You Seek for Brain and Spinal Injuries?
Brain and spinal cord injury victims may be eligible for a financial award that addresses the full cost of their conditions. For example, this might include payment of their past and anticipated future medical care costs for surgeries, treatments, in-home care, or assistive devices, like a wheelchair.
Moreover, victims may receive money to make up for their reduction in or complete loss of employment because of the significant loss of function they experienced. A Greenville brain injury attorney can help victims calculate an estimated personal injury payout and negotiate a fair settlement.
The Role of an Experienced Lawyer in Brain and Spinal Injury Claims
Personal injury attorneys step into the victims’ shoes and take action on their behalf. For example, a lawyer might speak to the insurance companies about matters involving the claim or proposed settlement. Additionally, the attorney may file forms that initiate the lawsuit or help it move in a productive direction that protects the victim’s rights. The lawyer communicates with the victim about the case progress, the victim’s priorities and wishes for the claim, and other relevant matters. The attorney would also attend case-related court and out-of-court discussions.
How a Greenville Brain and Spinal Injury Attorney Can Help
A Greenville spinal injury lawyer can be indispensable in legal claims involving brain and spinal cord damage. The lawyer can use their extensive knowledge to research possible legal arguments to help maximize the victim’s chance of getting a fair payout. Additionally, the attorney can build a strong case by writing and filing the appropriate paperwork — such as motions, petitions, complaints, and discovery requests. The lawyer can also identify the victim’s filing deadlines and help them meet these so they do not miss out on an opportunity to receive compensation because of an untimely filing.
Dan Pruitt Injury Law Firm has over a decade of experience fighting for the good people of Greenville, SC, and those in the surrounding areas. We understand the profound impact a severe trauma like a brain or spinal cord injury can have on an individual, family, and community level. Reach out to us today by calling (864) 721-6885 to schedule a consultation.
Frequently Asked Questions About Brain and Spinal Injury Lawsuits
What is the average settlement for a brain injury?
There is no average or typical settlement in a brain injury case. A brain injury victim’s settlement depends on many factors, including the timeliness and strength of their legal claim.
What can victims receive for a spinal cord injury?
Victims may qualify to receive compensation for losses that are related to their spinal cord injury. These might include lost earnings, healthcare expenses, and loss of quality of life.
How long does it take to settle a traumatic brain or spinal cord injury lawsuit?
It can take months, a year, or more to settle a traumatic brain or spinal injury lawsuit. It depends on things like the complexity of the case and any administrative delays that occur during the process.