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Unlike a broken bone, cut, or bruise, a brain injury may have very few obvious signs. In some cases, an accident victim may not realize they have suffered a brain injury until well after the accident due to the intangible nature of this type of injury.

At Hammack Law Firm, our warm and friendly team of legal professionals is available to help you learn about whether you are entitled to compensation for your brain injury. You should not have to cope with the outcome of your accident by yourself, especially when it comes to the financial costs. With our Pickens brain injury lawyer, you will receive a big firm experience with a small firm feel. Call us now at (864) 326-3333(864) 326-3333.

Diagnosing a Traumatic Brain Injury

An impact, jolt, or blow to the head can cause a traumatic brain injury, according to the Centers for Disease Control and Prevention (CDC). This type of injury can happen in virtually any context, including motor vehicle accidents, slip and falls, and more.

There are a few classic symptoms that are associated with a brain injury. You may have already been diagnosed as experiencing these symptoms, or you may have noticed them in the days following your accident. If you have not yet seen a medical professional, it is important to do so as soon as possible to receive treatment for your potential brain injury and create a record of your condition.

Here are common symptoms associated with a traumatic brain injury:

  • Confusion and disorientation
  • Loss of memory or amnesia
  • Fatigue, trouble sleeping, or sleeping too much
  • Mood swings
  • Depression and anxiety
  • Headaches
  • Blurred vision or dizziness
  • Loss of vision
  • Poor concentration
  • Changes in appetite

Pursuing Compensation for a Traumatic Brain Injury

One of the first things that a Pickens brain injury lawyer will discuss with you is the steps you will have to take if you decide to pursue compensation from the people or company that caused your accident. If your brain injury happened as the result of a personal injury accident, you will need to show that the other party acted negligently. Personal injury accidents can include car wrecks, truck accidents, motorcycle injuries, slip and falls, boat accidents, construction accidents, and dog-related injuries.

Here are the four elements you will need to prove to show that someone is liable for your injuries:

Duty

You must show that the other party owed you a duty to act with reasonable care and skill at the time the accident happened. This duty encompasses certain factors based on the type of accident that happened. For example, when it comes to motor vehicles, drivers have a duty to use reasonable care and skill behind the wheel. This means following all traffic laws, paying attention to the road, and driving sober.

When it comes to premises liability, the property owner has a duty to make sure that the property is maintained in a reasonably safe condition. A Pickens brain injury lawyer can help you figure out whether the other party involved in your accident owed you a duty of care.

Breach

You must show that the other party did not act according to this duty, like if someone was drinking and driving. For a slip and fall, it can mean failing to clean up spilled liquids or not posting signage to warn someone about a slippery surface. Your lawyer will conduct a thorough investigation to determine exactly how the other party breached the standard of care.

Causation

You must show that you probably would not have been hurt if it were not for the other party’s carelessness. If the accident was not the other party’s fault and an unrelated factor is the major cause of your injuries, then you may not be able to recover compensation. These factors can include anything from a severe weather event to your own negligent conduct. Under South Carolina law, if you were also negligent at the time the accident happened, then your financial recovery may be reduced.

Damages

You must provide documentation of the damages that you have suffered as a result of the accident. There are many different types of damages that you may be able to recover, including past and future medical bills, lost wages, reduced earning capacity, and more.

For more information about proving negligence, call Hammack Law Firm at (864) 326-3333(864) 326-3333 today.

Take Action and Pursue your Legal Rights Today

It can be difficult to know what you should do after an accident to protect your rights, particularly if you are coping with a painful and life-altering brain injury. At Hammack Law Firm, we will guide you through each phase of the process and make sure that you understand what is happening at all times.

Here are some of the ways that your attorney can assist you:

  • Gathering evidence to support your claim
  • Answering your questions about the legal process
  • Scheduling important matters with the court
  • Interviewing key witnesses and parties to your claim
  • Responding to requests for information from the other side
  • Organizing and keeping track of key documents in your case
  • Negotiating a potential settlement with insurance companies
  • Communicating with all relevant parties
  • Preparing for trial if necessary
  • Determining the amount of damages that you should seek

A traumatic brain injury can change your life. It is essential that you get the compensation you need to take care of yourself and your family for the future as you adjust to your new normal.

According to the S.C. Ann. Code § 15-3-530, you may only have three years to pursue your lawsuit, so it is important that you act quickly.

Call Hammack Law Firm now at (864) 326-3333(864) 326-3333 for a free consultation. If you read our Google reviews and testimonials, you will notice that we treat our clients like family and strive to make South Carolina a safer place for all.

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