AI Insights Key Takeaways
- Catastrophic injuries often mean lifelong medical care and lost earning capacity.
- You generally have 3 years from the injury to file a lawsuit in North Carolina (2 years for wrongful death).
- North Carolina's contributory negligence rule can bar recovery if you're found even partly at fault, so a thorough investigation of fault is critical.
- Schehr Law PLLC handles Charlotte catastrophic injury cases on contingency — no fee unless we win.
General information, not legal advice. Every case is different — talk to an attorney about yours.
Charlotte Brain Injury Attorney Providing Expertise in Brain Injury Cases Across North Carolina
Traumatic brain injuries (TBIs) are among the most devastating injuries one can sustain, often leading to life-altering consequences. These injuries, which can result from various incidents such as car accidents, falls, sports injuries, and workplace accidents, have a profound impact on victims and their families. The physical, emotional, and financial tolls are substantial, requiring comprehensive medical treatment, long-term care, and significant lifestyle adjustments.
At Schehr Law PLLC, we understand the complexities and challenges faced by TBI victims. With extensive experience in handling TBI cases, our team is committed to helping victims secure the compensation they deserve. As a trusted traumatic brain injury lawyer in Charlotte, NC, Schehr Law PLLC supports clients through every step of the legal process — in Mecklenburg County, Wake County, Guilford County, and throughout North Carolina.
What Is a Traumatic Brain Injury?
Traumatic brain injuries occur when a sudden trauma causes damage to the brain. TBIs can vary in severity, ranging from mild concussions to severe brain damage. The impact on the victim’s health and quality of life depends on the extent of the injury and the area of the brain affected.
Types of Traumatic Brain Injuries
- Mild TBI (concussion) — often caused by a blow to the head, resulting in temporary confusion, headache, dizziness, and sometimes loss of consciousness.
- Moderate to severe TBI — involves prolonged unconsciousness or amnesia after the injury, and can include skull fractures, bleeding in the brain, or penetrating head injuries.
- Paraplegia and quadriplegia — results of spinal cord injuries often associated with severe TBIs, leading to loss of motor and sensory function in different parts of the body.
Common Causes of Traumatic Brain Injuries
- Car accidents — sudden impacts and collisions can cause significant brain trauma.
- Falls — slips, trips, and falls, especially in older adults, are common causes of TBIs.
- Sports injuries — contact sports such as football, soccer, and boxing often result in concussions and other TBIs.
- Workplace accidents — construction and industrial jobs present a high risk of head injuries.
- Medical malpractice — errors during surgery or other medical procedures can lead to brain injuries.
The Impact of Traumatic Brain Injuries
The effects of traumatic brain injuries extend far beyond the immediate physical harm. TBIs can lead to long-term or permanent disabilities, affecting every aspect of a victim’s life.
- Physical impact — severe TBIs can result in partial or total paralysis, chronic pain, and cognitive impairment such as memory loss, difficulty concentrating, and impaired judgment.
- Emotional impact — victims often experience anxiety, depression, and PTSD, and TBIs can alter personality — leading to frustration, irritability, and mood swings that strain relationships with family and friends.
- Financial impact — significant costs including emergency care, surgeries, hospital stays, and ongoing therapy, plus lost income and long-term care costs such as home modifications, assistive devices, and personal care services.
Legal Rights and Compensation
Victims of traumatic brain injuries in North Carolina have specific legal rights and protections aimed at ensuring they receive fair compensation for their injuries and losses. North Carolina law allows TBI victims to seek compensation if they can prove that another party’s negligence or intentional actions caused their injury — demonstrating that the responsible party owed a duty of care, breached that duty, and directly caused the injury. Victims may recover:
- Medical expenses — coverage for all related treatments, including emergency care, surgeries, hospital stays, rehabilitation, and ongoing therapies.
- Lost wages — compensation for income lost due to the inability to work, covering both the immediate aftermath and any long-term or permanent disability.
- Pain and suffering — damages for the physical pain and emotional distress endured as a result of the injury.
- Other damages — compensation for loss of enjoyment of life, loss of consortium, and other non-economic damages.
North Carolina imposes a statute of limitations on personal injury claims, typically requiring that claims be filed within three years from the date of the injury. It is crucial to adhere to these deadlines to preserve the right to seek compensation. In cases involving gross negligence or intentional harm, victims may also be eligible for punitive damages.
How Schehr Law PLLC Can Help
Schehr Law PLLC provides comprehensive legal support to victims of traumatic brain injuries, guiding them through the complex legal landscape to secure the compensation they deserve:
- Initial consultation and case evaluation — a free consultation where we evaluate your case and discuss your legal options.
- Gathering evidence — we meticulously gather and organize evidence, including medical records, accident reports, witness statements, and expert testimony, to build a strong case.
- Filing claims and lawsuits — we handle all aspects of filing, ensuring paperwork is completed accurately and on time.
- Negotiating settlements — our attorneys work diligently with insurance companies and other parties to secure fair settlements.
- Representing clients in court — if a satisfactory settlement cannot be reached, we are fully prepared to take your case to court.
Our approach is highly client-centered. We develop personalized legal strategies tailored to the unique circumstances of each case, maintain clear and regular communication, and remain committed to securing the best possible outcome — whether through negotiation or litigation.
The Claims Process
Navigating the claims process can be complex. Schehr Law PLLC provides a step-by-step guide to help you understand what to expect:
- Initial steps — report the injury and seek medical treatment immediately, then contact an experienced TBI lawyer to discuss your case and legal options.
- Filing a claim — complete all required forms accurately and timely, and adhere to all deadlines and important dates.
- Pursuing a lawsuit — identify liable parties, which could include individuals, companies, or organizations, and file a lawsuit if a fair settlement cannot be reached.
- Appealing denied claims — follow the necessary steps to appeal a denial, gather additional evidence, and secure representation in hearings.
Why Choose Schehr Law PLLC
Choosing the right law firm can make a significant difference in the outcome of your case. Our team has a deep understanding of the unique challenges faced by TBI victims and years of experience navigating the complexities of these cases to maximize compensation. We have represented numerous clients, using a strategic approach and thorough preparation to pursue settlements and verdicts that cover medical expenses, lost wages, pain and suffering, and other damages. Above all, we treat each client with compassion and respect, developing personalized legal strategies and keeping you informed and involved every step of the way.
Frequently Asked Questions
What should I do immediately after sustaining a traumatic brain injury?
Seek medical attention immediately, even if you don't feel injured. Document the scene and gather contact information from witnesses. Report the accident to the authorities and contact Schehr Law PLLC to discuss your case and receive guidance on the next steps.
How long do I have to file a claim after a traumatic brain injury in North Carolina?
In North Carolina, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. However, it's crucial to report the accident and file your claim as soon as possible to ensure all evidence is preserved and witnesses' memories are fresh.
Can family members file a claim on behalf of a traumatic brain injury victim?
Yes, family members can file a claim on behalf of a TBI victim, especially if the victim is unable to do so due to the severity of their injury. Schehr Law PLLC can help you understand your legal options and guide you through the process.
What if my claim is denied?
If your claim is denied, you have the right to appeal the decision. Schehr Law PLLC can assist in this appeal process by providing expert legal advice, collecting further evidence, and representing you in hearings to ensure your rights are upheld.
How much does it cost to hire Schehr Law PLLC?
Schehr Law PLLC operates on a contingency fee basis, meaning you don't pay any upfront fees. We only get paid if we win your case, ensuring that our interests are aligned with yours. For more information or to schedule your free case evaluation, contact Schehr Law PLLC today. Our dedicated team is ready to assist you in your journey towards justice and recovery.
Contact Schehr Law PLLC for a Free Case Evaluation
The sooner you consult an experienced attorney, the sooner you can take control of your life again. At Schehr Law PLLC, we handle the complexities of your legal claim, allowing you to focus on your recovery while we push for the full compensation you deserve. For dedicated assistance from a Charlotte brain injury attorney, contact Schehr Law PLLC online or call (704) 900-0336 today to schedule a free case evaluation.