Monroe Brain Injury Lawyer

The human brain is incredibly complex, and brain injuries are some of the most damaging injuries a person can sustain. When brain injuries occur, victims typically face very long roads to recovery and long-term medical complications. Some brain injuries can cause permanent damage. If you or a loved one recently sustained a brain injury in Monroe, NC, you may have grounds for legal action if another party caused the injury. In addition, if your brain injury happened at work, you likely have the ability to file for workers’ compensation.

Legal Counsel for Brain Injury Claims in Monroe, NC

Navigating the legal proceedings that you likely face following a brain injury can be extremely difficult without legal counsel on your side. The right Monroe brain injury attorney handling your case can be an invaluable asset, helping you secure compensation for your injury and holding the at-fault party responsible for their actions.

Ayers, Whitlow & Dressler has years of experience representing Monroe, NC, clients in a wide range of personal injury claims and workers’ compensation claims. In some cases, victims of brain injuries are entitled to pursue both legal options for recovery. We take time to learn as much as we can about each client’s unique situation, helping them make informed decisions about their legal options. If you believe you have grounds for a workers’ compensation claim or if another party’s intentional misconduct or negligence resulted in a brain injury to you or a loved one, we can help you determine your best options for recovering your damages.

Why Should I Hire a Monroe Brain Injury Attorney?

Attempting to navigate any civil claim without a lawyer is extremely difficult. This is especially true for claims involving catastrophic injuries resulting in long-term medical complications and extensive economic losses. For example, if you are recovering from a brain injury, you will likely need to rely on a loved one to handle your legal affairs while you recover. Whether you seek legal advice for yourself or on behalf of a loved one, it’s vital to have legal counsel you can trust in this difficult situation.

Working with an experienced attorney is the best way to maximize your recovery, no matter how your brain injury occurred. Ayers, Whitlow & Dressler have extensive experience handling complex workers’ compensation claims when these injuries occur in the workplace. If you or your loved one cannot file a workers’ compensation claim on your own after a severe brain injury, we can provide the legal counsel you need for this aspect of your recovery. If you must file a personal injury claim against the party who caused your injury, we can assist you with this by helping you compile your civil action and guiding you through the legal proceedings that follow.

Ultimately, hiring a Monroe brain injury lawyer is an investment in your own recovery. You are more likely to succeed with your legal actions, uncover every avenue of compensation, and maximize your total recovery from a brain injury with the help of an experienced Monroe brain injury lawyer.

How Do Brain Injuries Happen?

A brain injury can occur in a variety of ways:

• Car accidents, which are a leading cause of traumatic brain injuries (TBIs) in North Carolina and throughout the US. Crash impact forces can easily cause concussions, and penetrating brain injuries are also possible from severe crashes. When an at-fault driver is responsible for a brain injury, their auto insurance is unlikely to cover the full scope of their claimable damages.
• Slip and fall injuries. When a property owner fails to take appropriate care of their property, and a lawful visitor sustains a brain injury from a slip and fall, the property owner is liable for the victim’s damages under North Carolina’s premises liability laws.
• Interpersonal violence, which can result in brain injuries. If an individual intentionally harms another person and causes a brain injury, this likely qualifies as “great bodily harm,” and the aggressor could face felony prosecution. In addition to criminal charges, they will face civil liability for the victim’s damages.
• Workplace injuries. Some lines of work, such as construction, are inherently dangerous, and even when appropriate safety gear is worn, brain injuries can occur in various ways. As a result, anyone who suffers an injury at work in North Carolina likely has the right to file a workers’ compensation claim. In addition, some brain injury victims may have grounds for further legal action beyond workers’ compensation.
• Birth injuries. Childbirth is a very delicate medical procedure, and brain injuries can occur if an attending physician is careless, negligent, or if they incompetently perform necessary treatments. Children who sustain brain injuries during childbirth potentially face lifelong medical complications, and their parents would have grounds for a medical malpractice claim in this situation.

This is not an exhaustive list of all the ways brain injuries might occur and lead to legal action. If you are unsure whether you have grounds for a workers’ compensation claim, a personal injury claim, or both following a brain injury, it’s essential to speak with an experienced Monroe brain injury lawyer.

Potential Effects of a Brain Injury

One of the most challenging aspects of brain injuries is the difficulty of treating them. The human brain is very complex and often unpredictable when recovering from injury. Someone can suffer a seemingly catastrophic brain injury and then proceed to make what appears to be a complete recovery. However, it’s equally possible for someone to suffer a relatively mild brain injury that causes profound long-term complications for the victim.

Brain injuries can easily cause short and long-term symptoms, including headaches, dizziness, difficulty balancing, and memory loss. More severe symptoms such as personality changes, cognitive impairment, language processing difficulties, and sensory impairment are also possible. Some symptoms appear immediately and improve over time, while others may remain hidden for an extended period before they surface and begin interfering with the victim’s life.

Some brain injuries will require extensive medical care and ongoing treatment, but victims can recover fully. However, other victims are not so fortunate and face lifelong disabilities and permanently diminished quality of life from their brain injuries. Your Monroe brain injury attorney can help you determine the full scope of the effects of your brain injury and then assist you in pursuing your best legal avenues of compensation for your damages.

Filing a Workers’ Compensation Claim for a Brain Injury

North Carolina enforces some of the strictest workers’ compensation laws in the US, and virtually every employer is legally required to carry workers’ compensation insurance. If an employee suffers an injury at work, they have the right to file a workers’ compensation claim. A successful claim can potentially cover all of the injured employee’s medical expenses and provide ongoing disability benefits when they are unable to work following their injury. Most workers’ compensation insurance carriers award disability benefits based on the severity of a victim’s injury and the likelihood of experiencing long-term medical complications.

Disability benefits from workers’ compensation are paid in “total” or “partial” designations. Total disability applies when a claimant is completely unable to work, and these benefits may be paid temporarily until they recover or permanently when full recovery isn’t possible. Partial disability benefits compensate the claimant for a difference in income due to the inability to carry on their usual job duties because of their injuries. Your Monroe brain injury attorney can help ensure you receive the appropriate benefit allotment for your injury and the long-term complications you likely face.

North Carolina’s workers’ compensation laws typically prevent injured employees from filing civil claims against their employers in response to workplace injuries. This is because their employers’ workers’ compensation insurance typically covers employees’ damages and shields employers from liability. However, this is not always the case, and there are some situations in which an injured employee has the right to file a personal injury claim in response to a brain injury in addition to their workers’ compensation claim:

• If the employer does not have workers’ compensation insurance in violation of North Carolina state law, the employee has the right to file a personal injury claim for their injury.
• If the employer failed to follow applicable workplace safety guidelines or created an unreasonably hazardous work environment for their employees, the employer may also face civil liability for a brain injury.
• If an employer or coworker of the victim intentionally harmed the victim and caused a brain injury, the victim would have grounds for both a workers’ compensation claim and a personal injury claim.
• If a third party caused the victim’s brain injury while the victim was performing job duties, the victim could file a workers’ compensation claim and then pursue a third-party personal injury claim against the party responsible for their injury.

If you are unsure exactly who is responsible for a brain injury you or a loved one sustained at work, or if you suspect you have grounds for a civil action in addition to your workers’ compensation claim, it’s vital to consult a Monroe brain injury lawyer as quickly as possible.

Filing a Personal Injury Claim for a Brain Injury

When you or a loved one has suffered a brain injury due to another party’s negligence or intentional misconduct, you can likely file a personal injury claim against them to hold them accountable for your damages. Success with a personal injury case requires accurately identifying the defendant or defendants responsible for causing the injury in question, calculating the full scope of damages resulting from their actions, and meeting all applicable procedural requirements with the Monroe civil court.

Your Monroe brain injury attorney can handle the procedural requirements of your case on your behalf while you focus on your recovery. An experienced legal team will assist you in calculating all your claimable damages and gathering the evidence you need to establish liability for those damages. Most personal injury claims will require the plaintiff to establish a few basic facts to successfully hold a defendant accountable for a brain injury:

• The plaintiff must correctly identify the defendant or defendants responsible for their injury and prove they owed a duty of care in the situation that led to the brain injury.
• The plaintiff must prove the defendant failed to meet their duty of care or that they acted with a willful desire to do harm or with a reckless disregard for the safety of others.
• The plaintiff must provide clear evidence of the extent of their claimable damages.
• The plaintiff must prove their claimed damages are the direct results of the defendant’s behavior and not some other cause.

One very important detail to keep in mind in any personal injury claim in North Carolina is the state’s contributory negligence law. Contributory negligence applies whenever a plaintiff in a personal injury claim bears partial fault for the damages in their claim. Unlike other states with comparative negligence laws that reduce plaintiffs’ recovery when they are partially liable for causing their damages, the contributory negligence law of North Carolina completely bars plaintiff recovery if a plaintiff is even slightly responsible for causing the damages they are claiming.

Recovering From Your Brain Injury in Monroe

A successful personal injury claim for a brain injury can potentially yield compensation for all economic damages resulting from the incident in question. This includes medical expenses, long-term medical treatment costs, lost income, and lost future earning potential. The plaintiff can also claim property damage in their case, and North Carolina permits seeking pain and suffering compensation in civil claims. In addition, since brain injuries often have profound long-term effects, plaintiffs can potentially secure substantial compensation for the pain and suffering they experience from brain injuries caused by others.

Ayers, Whitlow & Dressler can provide the compassionate legal counsel you need after you or a loved one has suffered a brain injury in Monroe, NC. Whether your recovery requires filing a complex workers’ compensation claim, a personal injury lawsuit, or both, we can guide you through your legal proceedings and help you maximize your recovery. If you are ready to discuss your case with an experienced Monroe brain injury lawyer, contact us today and schedule a consultation with our team.