Charleston Brain Injury Lawyer
Brain injuries are serious and can affect you for the rest of your life. In some cases, victims may not even realize how it will impact them or their loved ones. In others, they impact victims, speech, movement, cognitive function, and nearly every other aspect of day-to-day life. Even in cases involving a ‘mild’ brain injury, the lifetime costs associated with them can be hundreds of thousands, even millions of dollars.
Finding a skilled brain injury attorney who is ready and willing to fight for you is crucial to helping you as you adjust to your new reality. Mickelsen Dalton made it their mission to fight against the powerful and make sure they do their best to win for the injured. Our Charleston brain injury lawyers can help you get the compensation that you need and deserve.
How Can Mickelsen Dalton Help With My Brain Injury Case?
When dealing with the devastating repercussions of a brain injury, it’s difficult to know where to turn to for help. In these trying times, you need an ally who understands the intricacies of brain injury cases and can fight for the justice you deserve. Here’s how Mickelsen Dalton can help you:
Understand the Legal Process
Navigating the complex legal process can be overwhelming, especially when you’re dealing with the aftermath of a traumatic brain injury. A skilled lawyer can help you understand the steps involved in pursuing a brain injury claim and ensure that you meet any deadlines or other requirements of the process. They will also be able to explain the potential compensation available, which may include damages for medical expenses, lost wages, pain, and suffering, and more.
Gather Evidence and Build a Strong Case
To prove that someone else is responsible for your brain injury, you will need to gather evidence and build a strong case. This may require extensive documentation, medical records, and witness statements to support your claims.
A lawyer can help you obtain the necessary evidence and compile it into a persuasive case that demonstrates the other party’s negligence and liability for your injuries and losses. They will also be able to enlist the help of experts, such as medical professionals or accident reconstruction specialists, to further solidify your case.
Negotiate a Fair Settlement
Many brain injury and spinal cord injury cases are resolved through settlements, as it can be time-consuming and expensive for all parties involved to go through a full trial. A lawyer will have the skills and experience needed to negotiate a fair and adequate settlement on your behalf. They will take into account the severity of your injuries, the impact on your life, and the potential future costs associated with your care.
Additionally, a lawyer will be prepared to take your case to trial if necessary, affording you the best chance at receiving the compensation you deserve.
Represent You in Court
If your case does proceed to trial, you will need your lawyer to represent you in court. They will present your case to a judge or jury, using their knowledge and expertise to advocate on your behalf. With their understanding of the legal system, your lawyer will work to ensure that your rights are protected and that you receive a fair and just outcome.
Types of Brain Injuries
The most common types of brain injuries include the following:
1. Concussion
A concussion is a mild traumatic brain injury (TBI) that most commonly occurs as a result of a direct blow or impact to the head, but can also result from a forceful shake of the head or upper body. Common symptoms include headache, dizziness, memory issues, difficulty concentrating, and sensitivity to light and noise. While most people recover fully from a concussion, it’s important to remember that multiple concussions can have serious long-term consequences.
2. Contusion
A contusion, or a bruise on the brain, is caused by a direct impact to the head that results in the brain slamming against the skull. Contusions can cause symptoms such as memory loss, speech problems, and emotional disturbances. Treatment for a contusion may range from observation and monitoring to surgical intervention, depending on the severity.
3. Penetrating Injury
A penetrating brain injury occurs when an object pierces through the skull and enters the brain tissue. These injuries are often catastrophic and can result in severe neurological deficits, personality changes, or even death. Prompt medical attention and surgical intervention are vital for survival and recovery.
4. Anoxic Brain Injury
An anoxic brain injury refers to the damage caused by a lack of oxygen supply to the brain. Events such as cardiac arrest, drowning, or choking can lead to an anoxic brain injury. Symptoms can vary greatly depending on the extent of the damage but may include memory loss, difficulty speaking, and loss of motor skills. Early intervention and rehabilitation can greatly improve the chances of recovery.
5. Brain Bleed
A brain bleed, or intracranial hemorrhage, is a type of brain injury that occurs when blood vessels in the brain rupture, causing bleeding inside or around the brain. Common causes include high blood pressure, head injuries, or aneurysms. Symptoms can include severe headache, confusion, drowsiness, and loss of consciousness. Treatment options depend on the location and severity of the bleed and may include medication, surgery, or long-term rehabilitation.
What Is My Brain Injury Case Worth?
Every case is different; however, we can help you determine the compensation you may be entitled to by looking at your evidence, including how the injury occurred and any lost wages you may have.
The most common types of compensation you can recover include the following:
Economic Damages
Economic damages refer to the financial losses that stem directly from the injury. Here are the primary types of economic damages:
- Medical bills, both present and future
- Hospital stays
- Surgeries
- Medication
- Doctor’s appointments
- In-home care
- Medical equipment
- Physical therapy and rehab
- Occupational therapy
- Counseling
Non-Economic Damages
Non-economic damages differ from economic damages in that they address intangible, often difficult to quantify impacts. The two primary categories of non-economic damages include:
1. Pain and Suffering
The pain and suffering endured due to a brain injury can encompass physical pain, mental anguish, and emotional distress. While quantifying pain and suffering can be challenging, courts typically take into account the severity of the injury and how it impacts your day-to-day life.
2. Loss of Relationship or Consortium
A brain injury can strain relationships and drastically alter family dynamics. Sadly, conditions such as mood swings, cognitive impairments or memory loss can irreparably damage relationships with loved ones. Non-economic damages can offer compensation for such losses, acknowledging the emotional toll of these unfortunate changes.
You may also be entitled to punitive damages if we can prove gross negligence played a part in your injuries. Upon looking at the information, we will determine the compensation that may be due to you. And we will fight to get you every penny you deserve.
Common Causes of Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) can be life-altering and devastating, impacting not just the person suffering from the injury but also their families and friends. Common causes include the following:
1. Falls
Falls are the most common cause of TBIs. They can range from slipping in the shower to falling off a ladder or down the stairs. The elderly and young children are particularly at risk of falls, which can lead to serious injuries.
2. Vehicle accidents
Traumatic brain injuries are often the result of motor vehicle accidents. Whether you are the driver, passenger, or pedestrian, collisions involving automobiles, motorcycles, bicycles, or even electric scooters can lead to significant head injuries. A car accident lawyer in Charleston can help you explore your legal options following a serious crash.
3. Sports and recreational activities
Sports and recreational activities can be a great way to stay fit and healthy, but they also account for a significant number of TBIs each year. From soccer and football, with their incidental head collisions, to high-speed sports like skiing and snowboarding, the risk is always present.
4. Assaults and violence
Assaults and acts of violence are responsible for a significant number of TBIs. Domestic violence, child abuse, and altercations that result in head injuries can all cause TBIs.
How Do I Prove Negligence?
Unfortunately, the burden of proving negligence falls to the victim. Mickelsen Dalton can help by gathering:
- Testimony of witnesses and yourself.
- Expert testimony or reports about your brain injury.
- Police reports and other accident reports.
- Security, dashcam, cell phone, and traffic camera video.
We work with you and your witnesses to show precisely what happened to cause your injuries if video isn’t available. We will help you overturn every stone to find the evidence to help your case. We can help you, regardless of the type of way your brain injury occurred. We understand the complexity and confusion that a brain injury can cause.
How Long Do I Have to File a Lawsuit After a Brain Injury in South Carolina?
As with any lawsuit, time is of the essence. You want to be able to start the process as quickly after the accident as possible. South Carolina allows you three years to file a personal injury lawsuit if the defendant is not a government entity.
What Does a Brain Injury Lawyer Cost?
When you come to Mickelsen Dalton, there is NO FEE unless we successfully secure the compensation you deserve!
Your Trusted Charleston Brain Injury Lawyers Are Standing By
If you have a brain injury caused by the negligence of another party, we can help you get the compensation you deserve. We will fight for you, helping to keep your life as normal as possible. We understand the issues you will face, and we strive to make your life a little easier by taking the weight of fighting off your shoulders. Contact our office today for your complimentary consultation.