Brain injuries are serious and often life-altering. They can have long-term physical, emotional, and financial consequences. When a brain injury is caused by someone else’s negligence, legal compensation may be available.
If you or a loved one have experienced a brain injury, we understand the emotional and physical toll it can take on your life. The effects of a brain injury can be devastating, and it is essential to seek proper legal representation to ensure you receive the compensation and support you deserve. At Maginnis Howard, our team of compassionate Raleigh brain injury lawyers is here to advocate for you and lead you through the legal process. Don’t face this challenging journey alone – contact Maginnis Howard today to discuss your case and take the first steps towards justice and healing.
Table of Contents
What Is a Brain Injury?
A brain injury occurs when there is damage to the brain, disrupting its normal functioning. Brain injuries can vary from person to person, depending on the extent and location of the damage.
Concussions may not initially seem severe, but they can have long-lasting consequences if not properly treated. Moderate brain injuries can cause more severe cognitive, physical, and emotional impairments. Severe brain injuries can result in long-term disabilities or even death.
Common medical diagnoses associated with brain injuries include concussions, contusions, diffuse axonal injuries, hematomas, and penetrating brain injuries. These injuries can affect various aspects of the brain’s functions, including cognition, mobility, behavior, and mood.
Early diagnosis and ongoing care for brain injuries is imperative. Prompt medical attention and proper treatment can significantly improve outcomes and minimize long-term complications.
Compensation for Brain Injuries
When someone else’s negligence causes a brain injury, legal compensation may be available. Personal injury claims or lawsuits can help victims and their families secure the financial support they need to cover medical expenses, lost income, emotional trauma, and more.
Compensation available for brain injuries might cover the following:
- Medical expenses: This includes hospital stays, neurological evaluations, rehabilitation, and medication.
- Lost income and diminished earning capacity: Brain injuries can impact a person’s ability to work, resulting in lost earnings. Additionally, if the injury reduces future earning potential, compensation may be awarded to account for this loss.
- Pain and suffering: Brain injuries can cause physical and emotional pain, and compensation may be available to alleviate the suffering.
- Emotional and psychological trauma: Brain injuries can have a significant impact on a person’s mental health. Compensation may be awarded to address the emotional and psychological toll.
- Loss of enjoyment of life: Brain injuries can limit a person’s ability to participate in activities they once enjoyed. Compensation can help make up for this loss.
- Future medical care and long-term support needs: Brain injuries may require ongoing medical care, therapy, or support services. Compensation can help cover these costs.
In brain injuries leading to wrongful death cases, families may pursue additional compensation for funeral costs and loss of companionship.
Factors That Determine Brain Injury Compensation
Several factors are taken into consideration when determining the compensation for a brain injury:
- The severity of the injury: The severity of the injury is measured by symptoms, imaging tests, and recovery prognosis.
- Impact on daily life: The extent to which the injury affects the victim’s ability to return to work or perform basic activities is a critical factor in determining compensation.
- Medical documentation: Records from neurologists, rehabilitation specialists, and therapists play a vital role in establishing the extent of the injury and the necessary care needed.
- Long-term care needs: Brain injuries often require long-term care, whether it be in-home assistance, assistive devices, or facility care. The financial impact of these needs is considered when determining compensation.
- Age and occupation: Younger victims or those in physically demanding jobs may suffer greater losses due to a brain injury.
- Liability: Clear evidence of another party’s fault strengthens the claim for compensation.
- Legal representation: Working with a brain injury attorney can significantly increase the value of a settlement or verdict. An attorney from Maginnis Howard can handle the complex legal process and ensure the best possible outcome for their clients.
Each brain injury case is unique. Therefore, to understand the true value of your brain injury, it’s imperative to consult with one of our knowledgeable Raleigh brain injury attorneys.
Where Do Brain Injury Accidents Occur in Raleigh?
Brain injury accidents can happen in various locations throughout Raleigh. Some common locations for brain injury accidents in Raleigh include:
- Busy intersections and highways: Areas such as Glenwood Avenue, I-40, Capital Boulevard, and Six Forks Road are prone to motor vehicle accidents, which can result in brain injuries.
- Construction zones and job sites: Wake County has many ongoing construction projects, and accidents at these sites can lead to brain injuries.
- Downtown Raleigh: Areas with high foot traffic are more susceptible to slip and fall injuries.
- Schools, colleges, and athletic facilities: Brain injuries can occur during sports activities or as a result of inadequate supervision.
- Apartment complexes and shopping centers: Poorly maintained properties can pose slip, trip, and fall hazards, increasing the risk of brain injuries.
Types of Accidents That Cause Brain Injuries
Several types of accidents can cause brain injuries, including the following:
Motor Vehicle Accidents
Motor vehicle accidents, including car, truck, motorcycle, bicycle, and pedestrian crashes, are one of the leading causes of traumatic brain injuries in Raleigh and across North Carolina. Sudden stops, direct head trauma, or airbag deployment can cause brain injuries.
Slip and Falls
Slip and fall accidents can occur due to wet floors, poor lighting, uneven surfaces, or lack of warning signs. These accidents are particularly dangerous for the elderly and those in retail or commercial spaces.
Workplace Accidents
Brain injuries can occur as a result of falls from heights, being struck by objects, or industrial machinery incidents. Construction, warehouse, and manufacturing jobs are common industries where these accidents can happen. Injured workers may have a workers’ compensation claim and/or a third-party personal injury lawsuit.
Sports and Recreational Activities
High-contact sports like football, soccer, wrestling, and other activities like ATV crashes, trampoline park injuries, and extreme sports can result in brain injuries. Negligence by coaches, schools, or recreational facilities can contribute to these accidents.
Fighting the Insurance Company After a Brain Injury
Dealing with insurance companies after a brain injury can be challenging. Insurance companies often downplay the severity of traumatic brain injuries, especially when symptoms aren’t outwardly visible. They may use various tactics to minimize compensation, including:
- Arguing that the injury is pre-existing or unrelated to the incident.
- Disputing the need for ongoing treatment, claiming that the victim has fully recovered.
- Pressuring victims into early settlements before the long-term prognosis is clear.
- Requesting invasive medical records to find unrelated health issues that can be used against the victim.
It’s in your best interest to have a skilled Raleigh brain injury attorney from Maginnis Howard by your side to fight against these tactics. They can handle all communication with insurers, work with medical experts to prove the extent of your injuries, calculate the full value of current and future damages, and take your case to court if the insurance company refuses a fair settlement.
What to Do After Suffering a Brain Injury
If you or a loved one has suffered a brain injury, you will want to take certain steps to protect your rights and ensure the best outcome for your case:
Continue with Necessary Follow-Up Medical Appointments
Regular visits to your healthcare provider are essential for monitoring your symptoms, tracking your recovery progress, and adjusting your treatment plan as needed. These appointments help ensure your brain injury is taken seriously and treated appropriately. Consistent medical care also creates a valuable paper trail that supports your legal claim by showing the severity and long-term impact of the injury.
Adhere to Your Doctor’s Instructions Regarding Work and Activities
Be sure to follow your doctor’s recommendations, especially when it comes to returning to work, physical activity, or daily responsibilities. Ignoring medical advice can not only worsen your condition but also give insurance companies a reason to argue that your injuries aren’t as serious as claimed. Demonstrating a good faith effort to recover strengthens your credibility and protects the value of your case.
Maintain Detailed Records
Start documenting everything as soon as possible. Keep a personal journal that notes daily symptoms, memory problems, emotional changes, and how the injury affects your sleep, mood, and routine. Save all medical bills, receipts for prescriptions or medical devices, and written communication from doctors or insurance companies. You should also track lost income, missed workdays, and any job limitations that result from your condition.
Consult a Raleigh Brain Injury Attorney
Brain injury claims are complicated and often require expert testimony, extensive documentation, and skilled legal representation. A well-versed Raleigh brain injury attorney from our firm can evaluate your case, gather evidence, handle communications with insurance companies, and fight for the full compensation you deserve.
A brain injury attorney from Maginnis Howard can help in the following ways:
- Investigate the cause of the injury and gather evidence to support your claim.
- Identify all liable parties who may be responsible for your injuries.
- Secure expert testimony to strengthen your case.
- Ensure all legal deadlines, including North Carolina’s 3-year statute of limitations for personal injury claims, are met.
- Navigate the challenges of the insurance and court systems on your behalf.
Victims and their families should not attempt to negotiate brain injury claims alone. The experienced Raleigh brain injury lawyers at Maginnis Howard can provide the guidance and support needed to pursue the full compensation and justice they deserve.
Finding the Right Brain Injury Law Firm for Your Case
A traumatic brain injury (TBI) can have lifelong consequences, affecting your ability to work, care for yourself, and maintain relationships. At Maginnis Howard, we understand the devastating impact of brain injuries and the complexities involved in proving these cases. That’s why our Raleigh brain injury attorneys are committed to delivering the skilled, compassionate representation you and your family deserve.
Our team has experience handling a wide range of brain injury cases, including those caused by car accidents, falls, workplace incidents, and medical negligence. We work closely with neurologists, life care planners, and economic experts to fully understand the long-term effects of your injury and pursue the maximum compensation possible. Whether you’ve suffered a concussion, a closed head injury, or a severe TBI, we are prepared to fight for your recovery and your future.
Unlike many firms, we don’t treat you like a case number. We take the time to listen, understand your goals, and build a legal strategy that addresses your immediate and long-term needs. Our Raleigh-based team is familiar with local hospitals, courts, and experts, giving us a strong advantage when advocating for your rights.
At Maginnis Howard, we work on a contingency fee basis, so you don’t pay anything unless we win your case. If you or a loved one has sustained a brain injury due to someone else’s negligence, don’t face the legal battle alone. Contact our Raleigh brain injury lawyers today for a free consultation—and let us fight for the justice and financial security you need to move forward.
Our Raleigh office is conveniently located south of I-540 and northeast of Shelley Lake Park at:
7706 Six Forks Rd
Suite 101
Raleigh, NC 27615
Contact Maginnis Howard Today to Schedule a Consultation with One of Our Raleigh Brain Injury Lawyers
If you or a loved one has suffered a brain injury, don’t hesitate to contact Maginnis Howard today. Our trusted team of reputable Raleigh personal injury lawyers is ready to seek justice and do everything possible so you receive the compensation you deserve. With a client-centered approach and a track record of successful outcomes, we will advocate for you every step of the way.
To schedule a free initial consultation and discuss your case, call Maginnis Howard at (919) 526-0450 today. Our compassionate Raleigh brain injury attorneys are here to listen to your story, evaluate your case, and explain your legal options. Early legal intervention improves case outcomes, so reach out to Maginnis Howard now to take the first steps toward a brighter future.
Maginnis Howard Personal Injury Lawyer – Raleigh Office
Address: 7706 Six Forks Rd Suite 101
Raleigh, NC 27615, United States
Phone: (919) 526-0450
