What Do I Need to Know About How Delayed TBI Symptoms Can Affect My Personal Injury Case?
If you have been injured in an accident and suffered a traumatic brain injury (TBI), you may not have experienced symptoms immediately. In some instances, TBI symptoms do not always manifest themselves immediately and often do not appear until several days, weeks, or even months after an accident.
Insurance firms regularly search for grounds to deny or reduce claims and may argue that delayed symptoms are unrelated to the accident or are the result of pre-existing conditions. Hiring an experienced accident attorney will ensure the insurance company does not take advantage of you. Hammack Law Firm is a personal injury law firm dedicated to helping clients receive full and fair compensation for harm caused by someone else’s negligence. Contact our law office today to schedule a complimentary initial consultation so we can discuss your legal options.
What are the Symptoms of a Traumatic Brain Injury?
Many accident victims may be unaware that they have sustained a TBI. For example, suppose a drunk driving victim strikes their head on the steering wheel during an accident but does not initially display symptoms. However, several days or weeks after the accident occurs, they begin to exhibit signs of a delayed TBI.
If you have been involved in an accident or sustained a head injury, you must be aware of the symptoms associated with a traumatic brain injury. Symptoms of a TBI can vary depending on the severity of the injury. Some of the most commonly reported symptoms include:
- Nausea and vomiting
- Seizures
- Worsening or persistent headaches
- Memory and concentration problems
- Feeling disoriented
- Slurred speech
- Blurred vision
- Dizziness, vertigo, and challenges with balance and coordination
- Emotional changes that include depression, mood swings, or anxiety
If you experience any of the above-listed symptoms, seek medical attention immediately. A healthcare professional can diagnose and treat a TBI and help prevent further medical issues.
What Can I Do if the Insurance Company Tries to Argue That My Delayed TBI Symptoms Are Unrelated to the Accident?
Insurance companies are inundated annually with countless personal injury claims. Contrary to what is portrayed in advertising, insurance companies are more concerned with protecting their profitability than the well-being of claimants. That being the case, when accident victims attempt to make claims related to delayed TBI symptoms, insurers will typically seek ways to dispute the case.
If you have suffered a personal injury and experience delayed TBI symptoms, there are several steps you must take to protect your well-being and ability to file a claim, which include:
Seek Medical Attention Immediately
Anyone who has been involved in an accident should always be examined by a medical professional. Furthermore, even if you experience delayed TBI symptoms, seek medical attention immediately. It is also crucial that you follow all medical advice and treatment plans to prove that you are taking good care of yourself. Additionally, being examined by a medical professional provides essential documentation that will prove invaluable for your case.
Document Your Symptoms
You must keep a detailed record of your symptoms as soon as you start experiencing them. Critical details should always include when they began, their severity, and how they affect your daily activities.
Obtain Supporting Medical Documentation
If you are trying to file a claim for a TBI, you must obtain medical documentation that supports your claim. Supporting medical documentation includes diagnostic tests, prognosis reports, doctors’ notes, and medical bills.
What is South Carolina’s Statute of Limitations to File a Personal Injury Lawsuit?
The South Carolina Legislature has enacted strict rules that define the timeframe within which a personal injury victim must file a lawsuit. South Carolina’s statute of limitations generally allows victims up to three years to file claims from the date the accident or injury occurred.
There are exceptions to the three-year time limit that accident victims should be aware of, which include:
- Government agencies: The time limit to file claims against government agencies is reduced to two years
- Medical malpractice: The three-year statute of limitations may begin when an injury is discovered or should have reasonably been discovered. However, any medical malpractice claim must be filed no later than six years from the date the incident occurred
- Minors: The statute of limitations is tolled or paused until the minor turns 18, after which they have up to one year to file a lawsuit
Although three years may seem like ample time to file a lawsuit, life can often get in the way, making it challenging to meet the deadline. That being the case, it is always best to consult a personal injury attorney as soon as possible after being involved in an accident. Failure to file within the deadline will likely result in your case being dismissed.
What Makes Your Law Firm the Right Choice to Help Me File a Personal Injury Claim?
Insurance companies are committed to protecting their bottom line and have legal teams whose primary job is to find ways to deny claims. If you are experiencing delayed TBI symptoms, the insurance company will do its best to argue that they are not related to the accident. For this reason, you need a personal injury law firm that will fight to ensure that the insurance company does not try to take advantage of you.
Our personal injury law firm has a proven track record of pursuing maximum compensation and is committed to securing a favorable outcome for your case. We put the personal back in personal injury and help you recover maximum compensation. Contact Hammack Law Firm at 864-766-7108 to schedule a free consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
