Durham Traumatic Brain Injury Lawyer
Any accident can result in a multitude of injuries, and one of the most serious injuries is traumatic brain injury. Traumatic Brain Injury (TBI) occurs when there is a disturbance to the brain that causes damage to it, and unlike other parts of the body that can be isolated for treatment, lasting brain damage can manifest over time in any area of the body.
Traumatic brain injuries are commonly caused by sudden physical impact to the head or body because the brain controls the body, injury to that organ may alter the overall function of the body.
If you have been injured in an accident in the greater Durham area that resulted in you living with symptoms of TBI, an experienced traumatic brain injury attorney in Durham may be able to get you the compensation that you deserve.
Traumatic Brain Injuries
Damage to a specific part of the brain impairs the part of the body that is controlled by that area of the brain. The extent of the injury’s manifestation is directly correlated to the area of the brain that has been damaged.
When a brain injury causes a loss of consciousness for 30 minutes or more, it is categorized as a moderate to severe TBI. A severe traumatic brain injury can cause loss of the ability to live independently, surviving in a comatose state, and/or death. The results of severe TBI are generally permanent.
Mild TBI can cause a brief loss of consciousness, nausea, vomiting, and dizziness. It can also impact sensory functions, including blurred vision, sensitivity to light, sensitivity to sound, and personality changes. Even when the injury sustained only results in a mild TBI, there could be long-term consequences, but a Durham traumatic brain injury lawyer can help recover the damages you are owed.
Being injured in an accident alone does not give a person the right to recover damages in North Carolina. When the injury was caused by another person’s negligence, an individual is entitled to recover if she or he had no fault in causing the accident. These are the limitations of the contributory negligence standard, which North Carolina follows.
In addition, the injured party must establish that the person whose negligence resulted in the person’s TBI, owed a duty to her or him, failed to meet that duty, and there are actual damages as a result. Owing a duty of care does not require a personal relationship between the parties and breaching the duty does not require that the person acted intentionally.
A commercial truck driver that goes through a red traffic light and strikes another’s car, resulting in the victim suffering a major brain injury, may be liable for the injuries. In Durham, a victim that is able to recover is entitled to compensatory damages. In some cases, the injured party may also be eligible for punitive damages, when activity outside of the law contributed to their injuries.
Compensatory damages compensate the injured party for expenses incurred as a result of the injury, such as medical bills, lost wages, vehicle repair, rehabilitation equipment, and potential funeral expenses. A compensatory damage award is not designed to enrich the lifestyle of the injured person, rather its purpose is to help enable them to recover and wholly as possible. A Durham traumatic brain injury lawyer can help.
Punitive damages are monetary awards to victims that are designed to punish the other party for egregious acts for the purpose of deterring the defendant and others from engaging in similar acts. A driver, with multiple convictions for driving while intoxicated, that causes a traffic accident while intoxicated which leaves the victim with a traumatic brain injury, may be punished with punitive damages.
Consult With an Attorney Today
If you have sustained this injury in Durham, our team of traumatic brain injury lawyers is well versed in injury law and will be prepared to take your case and work toward seeking you the damages you deserve.