GREENVILLE BRAIN INJURY LAWYER

A traumatic brain injury (TBI) occurs when a sudden external force causes damage to the brain. These injuries can result from incidents such as car crashes, falls, sports-related impacts, or acts of violence. TBIs range in severity from mild concussions to catastrophic injuries that may cause permanent disability, significant cognitive impairment, or death.

TBIs are typically classified into three categories:

• Mild TBI (Concussion): The most common type, where a person may lose consciousness briefly or not at all. Symptoms often include headaches, confusion, dizziness, light sensitivity, irritability, or nausea, among other symptoms, but may not be immediately apparent.
• Moderate TBI: A person may lose consciousness for an extended period, and symptoms can include significant confusion, memory problems, and difficulty with coordination or speech.
• Severe TBI: This can cause long-lasting or permanent brain damage. Loss of consciousness for an extended period or a coma is common, and patients often experience significant cognitive, motor, and emotional challenges.

The symptoms of a traumatic brain injury can differ based on the severity of the trauma and the specific area of the brain involved. Common signs may include headaches, memory loss, difficulty concentrating, dizziness, mood changes, and sensory disturbances such as blurred vision or ringing in the ears.

A TBI can also lead to long-term complications, including cognitive impairments, reduced motor function, emotional difficulties, and changes in behavior or personality. Treatment typically begins with emergency medical care to stabilize the injury, followed by rehabilitation and supportive therapies aimed at restoring function and helping the individual adapt to any lasting effects

If you believe that you are exhibiting any symptoms following a trauma in Greenville, South Carolina, it’s important to take immediate action to ensure your health and safety. Here’s what you should do:

Seek Medical Attention Right Away

Even if your symptoms appear minor or do not develop immediately, it is important to seek medical attention as soon as possible. A healthcare provider can evaluate your condition and recommend diagnostic testing, such as a CT scan or MRI, to accurately identify a brain injury. Delaying treatment may increase the risk of complications and could negatively affect your recovery.

Monitor Your Symptoms

Monitor and document any symptoms you experience, such as headaches, dizziness, confusion, nausea, blurred vision, memory issues, or changes in mood or behavior. Be aware that symptoms may not appear immediately after the accident and could worsen over time.

Rest and Recover

Allow your brain adequate time to recover by prioritizing rest. This includes limiting physical exertion, such as exercise and strenuous activities, as well as reducing mental strain from tasks like reading, working, prolonged screen use, or other activities that require significant concentration. 

Follow Up With Your Doctor

After your initial evaluation, be sure to follow your physician’s recommendations and attend all scheduled follow-up appointments. Because traumatic brain injuries can have lasting effects, ongoing medical care and monitoring can play an important role in tracking recovery and addressing any long-term complications.

Contact Morgan & Morgan

If your brain injury was caused by someone else’s negligence, speaking with a personal injury attorney may help you better understand your legal options. An attorney can evaluate your case and determine whether you may be entitled to compensation for medical expenses, lost income, pain and suffering, and other related damages.

Morgan & Morgan handles a variety of traumatic brain injury (TBI) cases, advocating for victims who have sustained injuries due to the negligence of others. Here are some common types of TBIs in Greenville, South Carolina:

Concussions (Mild TBI):

The most common type of brain injury, concussions, often result from blows to the head, falls, or accidents like car crashes. While many people recover fully from concussions, some may experience lingering symptoms that affect daily life, such as headaches, dizziness, and difficulty concentrating.

Contusions (Bruises to the Brain):

A contusion is a bruise on the brain tissue caused by a blow or impact. It can lead to swelling and bleeding in the brain, requiring prompt medical treatment to prevent further damage.

Coup-Contrecoup Injuries:

This type of injury occurs when the brain is jolted and strikes the inside of the skull at both the point of impact (coup) and on the opposite side (contrecoup). This can lead to widespread brain damage and is common in car accidents or falls.

Diffuse Axonal Injury (DAI):

A diffuse axonal injury occurs when the brain is subjected to sudden, forceful movement, such as rapid shaking or twisting, causing damage to the nerve fibers (axons) that connect different areas of the brain. This type of injury is commonly associated with high-impact events like motor vehicle collisions and can lead to severe neurological impairment, long-term disability, or even a coma.

Penetrating Brain Injuries:

These occur when an object, such as a piece of metal or glass, penetrates the skull and enters the brain tissue. Penetrating injuries can cause significant damage, often leading to cognitive, motor, and emotional deficits.

Brain Hemorrhages (Bleeding):

A brain hemorrhage occurs when a blood vessel in the brain bursts, causing bleeding within or around the brain. Because this type of injury can be life-threatening, prompt medical treatment is often critical to reduce the risk of serious complications. Brain hemorrhages may occur as a result of severe falls, motor vehicle collisions, or other high-impact traumatic events.

Subdural Hematoma:

A subdural hematoma is a collection of blood between the brain and its outer covering. It often results from a head injury, and the buildup of blood can increase pressure on the brain, leading to serious complications.

Epidural Hematoma:

An epidural hematoma occurs when blood collects between the skull and the outer membrane covering the brain after a head injury. This buildup of blood can quickly increase pressure inside the skull, making prompt medical treatment, often including emergency surgery, necessary to prevent severe or life-threatening complications.

Chronic Traumatic Encephalopathy (CTE):

Although more commonly associated with repeated head trauma (such as in athletes or military personnel), CTE can also result from a single severe TBI. It causes long-term cognitive decline, memory problems, and mood changes, and is diagnosed posthumously.

A TBI lawsuit can be filed by various parties, depending on the situation and the individual’s circumstances. Here’s a breakdown of who can file a TBI lawsuit in Greenville, South Carolina:

The TBI Victim (Injured Party)

• Primary claimant: The person who suffers a traumatic brain injury due to an accident or another party’s negligence is generally the primary individual with the right to file a lawsuit. Through a claim, the injured person may seek compensation for losses such as medical expenses, lost income, pain and suffering, rehabilitation costs, and other damages related to the injury and recovery process.
• Important note: If the injured person is able to pursue legal action, the lawsuit must generally be filed within the applicable statute of limitations. Filing deadlines vary by state and the circumstances of the case, so it is important to take action promptly to protect your legal rights.

Family Members (In Cases of Severe Injury or Death)

• Spouses: If a traumatic brain injury leaves a victim unable to handle their own legal matters due to serious physical or cognitive limitations, a spouse may be able to take legal action on their behalf. This may include pursuing claims related to loss of companionship, emotional distress, and other damages resulting from the injury.
• Parents: If a child suffers a traumatic brain injury, a parent or legal guardian may file a lawsuit on the child's behalf. Such claims may seek compensation for medical expenses, future care needs, pain and suffering, and other related damages.
• Children: If a traumatic brain injury results in death, surviving children or other eligible family members may have the right to pursue a wrongful death claim. These lawsuits may seek compensation for losses such as financial support, funeral expenses, and other damages associated with the death.

Legal Guardians or Conservators

• Guardianship: If the TBI victim is incapacitated and cannot manage their own legal affairs due to the severity of the injury (e.g., being in a coma or having severe cognitive impairments), a legal guardian or conservator may be appointed to file the lawsuit on their behalf.

Estate Representatives

Executor of the estate: If a traumatic brain injury ultimately results in the victim’s death, the personal representative of the estate may be able to file a wrongful death claim on behalf of the deceased. This representative is often named in the individual’s will, or, if no will exists, may be appointed by the court to manage the estate and pursue legal action.

Signs and symptoms of a brain injury can vary depending on the severity and type of injury (mild, moderate, or severe). Some symptoms may appear immediately, while others can develop over hours or days. Here are common signs and symptoms to watch for after a head injury:

Physical Symptoms

• Headaches: Persistent or severe headaches are among the most common signs of a brain injury.
• Nausea or vomiting: Experiencing nausea or vomiting after a head injury may be a warning sign of a concussion or a more serious traumatic brain injury.
• Dizziness or balance problems: A brain injury may cause feelings of dizziness, lightheadedness, difficulty walking, or trouble maintaining balance and coordination.
• Fatigue or excessive sleepiness: Persistent tiredness, low energy levels, lethargy, or difficulty staying alert can be common symptoms following head trauma.
• Sensitivity to light or sound: Increased sensitivity to bright lights or loud noises is often associated with concussions and other mild traumatic brain injuries.
• Vision problems: Blurred vision, double vision, or other visual disturbances may develop following a brain injury.
• Ringing in the ears (tinnitus): Some individuals experience ringing, buzzing, or similar noises in one or both ears after head trauma.
• Seizures: More severe brain injuries may lead to seizures or convulsions.
• Loss of consciousness: A person may lose consciousness briefly or for an extended period following a significant impact to the head.
• Swelling or tenderness: Bruising, swelling, or tenderness around the head, face, or neck may be present after the injury.

Cognitive Symptoms

• Confusion or disorientation: Experiencing mental fog, confusion, or difficulty focusing. This can also involve trouble remembering important information or events that took place immediately before or after the injury.
• Memory loss (amnesia): Trouble remembering information, particularly events that took place shortly before or after the traumatic injury.
• Difficulty concentrating or thinking clearly: Trouble staying focused, thinking through tasks, or processing information.
• Slow thinking or processing: A noticeable delay in response times or difficulty following conversations.

Emotional and Behavioral Symptoms

• Mood swings: Irritability, frustration, or experiencing sudden emotional changes.
• Anxiety or depression: Feelings of anxiety, depression, or overwhelming sadness, which may be a result of the injury or a change in brain function.
• Personality changes: A noticeable shift in behavior, such as becoming more impulsive, withdrawn, or exhibiting uncharacteristic aggression.
• Sleep disturbances: Trouble falling asleep, staying asleep, or sleeping too much. Some individuals may also experience disturbed sleep cycles.

Severe Symptoms (Emergency Signs)

• Severe headache or worsening pain: If a headache becomes progressively worse, it could signal swelling or bleeding in the brain.
• Loss of consciousness for an extended period: Prolonged unconsciousness, confusion, or a coma after an injury is a serious sign of a severe brain injury.
• Weakness or numbness in limbs: Loss of strength or feeling on one side of the body, or difficulty moving a limb, may indicate nerve damage or brain injury.
• Clear fluids or blood leaking from the nose or ears: This could be a sign of a skull fracture or other severe injury.
• Slurred speech or difficulty speaking: Trouble speaking, slurred speech, or difficulty understanding language.

Uncontrolled bleeding or bruising: Profuse bleeding or bruising around the head or face, particularly if accompanied by symptoms of confusion or dizziness.

Because infants and young children may not be able to describe their symptoms, parents and caregivers should watch for signs such as:

• Persistent crying or unusual irritability
• Changes in eating habits or sleep patterns
• A bulging soft spot (fontanel) on an infant’s head
• Behavioral changes, including lethargy or reduced responsiveness and interaction
• Difficulty with balance, coordination, or walking

These symptoms may indicate a brain injury and should be evaluated by a medical professional as soon as possible.

You should seek immediate medical care if you or a loved one experiences any of the following symptoms after a head injury:

• Headaches that are severe or continue to worsen
• Seizures or convulsions
• Loss of consciousness, even for a short period
• Significant confusion, disorientation, or changes in mental status
• Difficulty breathing or swallowing
• Clear fluid leaking from the nose or ears
• Repeated vomiting or persistent nausea
• Any other concerning, unusual, or severe symptoms

Even if the injury appears minor, it is important to have a potential brain injury evaluated by a medical professional. Early diagnosis and treatment can help identify complications, guide recovery, and improve long-term outcomes.

Traumatic brain injuries can result from a variety of accidents or incidents, typically involving a sudden blow or jolt to the head that causes damage to the brain. Here are some of the common causes of TBIs:

Motor Vehicle Accidents

Collisions involving cars, trucks, or motorcycles are a leading cause of TBIs. The impact of a crash can cause the brain to hit the skull or be violently shaken.

Airbag deployment can also be a contributing factor. There can be multiple points of impact to the head during a car accident. For instance, the head can strike the interior of the vehicle and then receive a second blow from the airbag. There may also be an acceleration/deceleration motion of the head (whiplash), followed by airbag deployment that can cause TBI symptoms.

When pedestrians are struck by vehicles, it can lead to serious head injuries, especially if the person is thrown to the ground or strikes their head on the road or vehicle.

Bike riders involved in crashes are also at high risk for TBIs, especially if they are not wearing helmets.

Falls

Falls are one of the most common causes of traumatic brain injuries, especially among older adults and young children. A fall from a ladder, staircase, playground equipment, or another elevated surface can result in a significant blow to the head and lead to serious brain trauma.

Workers in construction and other high-risk occupations may face an increased risk of traumatic brain injuries due to falls from heights, equipment-related accidents, and other workplace hazards.

Sports Injuries

Sports such as football, soccer, hockey, and boxing are high-risk activities for TBIs due to collisions, falls, or being struck in the head with equipment (a ball, puck, or bat).

Injuries can also occur in non-contact sports such as gymnastics, cycling, or skateboarding when the athlete falls or suffers an impact to the head.

Violence and Assaults

Traumatic brain injuries can result from violent acts, including assaults involving punches, blunt-force trauma, weapons, or other objects that strike the head. Physical altercations and other intentional acts of violence can cause significant head and brain injuries.

Penetrating head injuries, including those caused by firearms, can result in severe and often life-altering brain damage and are considered among the most serious forms of traumatic brain injury.

Military and Combat Injuries

Service members face an increased risk of traumatic brain injuries from explosions, improvised explosive devices (IEDs), landmines, and shrapnel during military operations. Blast waves alone can cause significant brain trauma, even when there is no direct blow to the head.

Military personnel may also sustain head injuries from blunt-force impacts, vehicle accidents, falls, and other incidents that occur during training exercises or combat operations.

Workplace Accidents

In industries where workers are exposed to heavy machinery, tools, and equipment, falls, collisions, or being struck by falling objects can cause serious head injuries.

Medical Malpractice

Mistakes during medical procedures, particularly those involving the brain or spinal cord, can sometimes result in traumatic brain injuries or other serious neurological harm.

Medical negligence may also contribute to the worsening of a brain injury. For example, a delayed diagnosis, failure to recognize symptoms, or delayed treatment can allow the injury to progress, potentially leading to more severe complications and long-term damage.

Domestic Violence

Victims of domestic violence, especially women and children, are at risk for head trauma caused by being struck or beaten. These injuries can cause long-lasting brain damage.

TBIs can occur in a wide variety of settings and situations, often unexpectedly. It’s important to seek immediate medical attention if you suspect a brain injury to prevent complications and improve recovery chances. 

If the injury was caused by the negligence or recklessness of others, consulting with an experienced attorney can help you understand your legal options for compensation.

When a traumatic brain injury occurs due to someone else’s negligence or wrongdoing, various parties may be held legally responsible. Determining liability depends on how the injury happened and who had a duty of care to prevent harm. Below are some of the potentially liable parties in a TBI case:

Negligent Drivers & Vehicle Owners

When a traumatic brain injury is caused by a motor vehicle accident involving a car, truck, motorcycle, bicycle, or pedestrian, the driver responsible for the crash may be liable for the resulting damages.

In cases involving commercial vehicles, an employer, such as a trucking company, may also bear responsibility if the driver was acting within the scope of their employment at the time of the collision.

Property Owners & Businesses

When a traumatic brain injury results from a slip and fall or another hazardous condition on someone else's property, the property owner or business may be responsible under premises liability laws.

Common examples include unsafe stairways, inadequate lighting, slippery floors, falling merchandise or debris, and other dangerous conditions in stores, restaurants, apartment complexes, workplaces, and similar properties.

Employers & Companies (Workplace Accidents)

Employers can be responsible for TBIs if unsafe workplace conditions contributed to the injury. In construction and industrial jobs, workers may suffer head injuries due to falling debris, defective machinery, or unsafe scaffolding.

Workers' compensation may cover medical costs and lost wages, but a third-party lawsuit may be possible if negligence from another company (subcontractors, equipment manufacturers) played a role.

Sports Organizations & Schools

Schools, colleges, and professional sports leagues may be liable if coaches, trainers, or organizations fail to protect athletes from concussions or TBIs.

Inadequate safety protocols, failure to provide proper helmets, and allowing players to return to play too soon after a head injury can lead to liability.

Manufacturers of Defective Products

If a faulty helmet, airbag, seatbelt, or other defective product contributed to a brain injury, the manufacturer could be held responsible under product liability laws.

Examples include motor vehicle defects, defective workplace safety gear, and faulty medical devices.

Medical Professionals & Hospitals (Medical Malpractice)

Doctors, nurses, and hospitals can be liable for TBIs caused by medical errors, such as:

• Surgical mistakes affecting the brain.
• Misdiagnosis or delayed diagnosis of a brain injury leading to worsening conditions.
• Birth injuries occur when improper delivery techniques result in brain damage to newborns.

Property Managers & Landlords

A landlord or property manager may be held liable if a tenant or visitor suffers a traumatic brain injury due to dangerous property conditions. Examples can include defective stairways, inadequate lighting, unsafe walkways, or insufficient security measures that contribute to an assault or other preventable injury.

Perpetrators of Violence & Assault

Individuals who physically assault someone, such as in cases of domestic violence, bar fights, or armed robberies, can be held criminally and civilly liable for causing a TBI.

If the assault occurred on commercial property (a bar or nightclub with inadequate security), the business might also bear some responsibility.

Government Entities & Municipalities

If a brain injury was caused by poorly maintained roads, defective traffic signals, or hazardous public property, a city, county, or state government may be liable.

Government entities may also be responsible for police misconduct or excessive force leading to a head injury.

Nursing Homes & Assisted Living Facilities

Elderly residents can suffer TBIs due to falls, neglect, or physical abuse in nursing homes.

If staff fail to provide proper supervision or safety measures, the facility may be responsible.

If you or a loved one suffered a TBI due to someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and long-term care. Morgan & Morgan’s experienced brain injury attorneys can investigate your case, determine liability, and fight for the justice you deserve.

Filing a traumatic brain injury (TBI) lawsuit is a complex process that requires careful preparation, strong evidence, and experienced legal representation. Below is an overview of what to expect when pursuing a claim with Morgan & Morgan.

1. Seek Medical Attention

If you suspect a brain injury, seek medical care immediately. A diagnosis from a medical professional will not only protect your health but also serve as critical evidence in your case. Brain injuries can worsen over time, so early intervention is essential.

2. Contact Morgan & Morgan

An experienced traumatic brain injury attorney can review the facts of your case, identify potentially liable parties, and explain the compensation that may be available. Morgan & Morgan offers free case evaluations and handles cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

3. Investigation and Evidence Collection

Developing a strong claim often involves collecting and reviewing a variety of evidence, including:

• Medical records and healthcare providers’ assessments regarding the nature and severity of the injury
• Accident reports from law enforcement, employers, or other relevant sources
• Statements from witnesses who observed the incident or its aftermath
• Photographs, surveillance footage, or other video evidence documenting the accident
• Opinions and testimony from qualified experts, such as neurologists, neuropsychologists, or accident reconstruction professionals

4. Filing the Lawsuit

Once there is sufficient evidence, your attorney will file a formal complaint against the responsible party. This legal document outlines how the injury occurred, who is liable, and the damages being sought. After the complaint is filed, the defendant will have a set period to respond.

5. Discovery Process

During discovery, both sides exchange evidence and gather further information. This process may involve:

• Depositions, where witnesses and experts provide sworn testimony
• Interrogatories, which are written questions that the opposing party must answer
• Requests for documents, such as medical records, accident reports, or insurance policies

Discovery allows both parties to assess the strength of the case and may lead to settlement discussions.

6. Settlement Negotiations

Most traumatic brain injury cases are resolved through negotiated settlements rather than going to trial. During this process, the parties and their attorneys work to reach an agreement, often with the involvement of the responsible party’s insurance company. The objective is to obtain compensation for losses such as medical bills, lost income, pain and suffering, and other damages related to the injury. Morgan & Morgan works to pursue a settlement that fully reflects the impact of the injury and will not recommend accepting an offer that fails to adequately account for your losses.

7. Trial (If Necessary)

If a settlement cannot be reached, the case will proceed to trial. A judge or jury will hear the evidence and determine whether the defendant is liable and, if so, how much compensation should be awarded. At trial, your attorney will present expert testimony, medical records, and other evidence to prove the extent of your injury and the impact it has had on your life.

8. Receiving Compensation

If the case is won at trial or settled beforehand, you will receive compensation for damages such as:

• Medical expenses, including future care needs
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Long-term rehabilitation and disability accommodations
• Loss of enjoyment of life (impairment of daily activities & relationships)
• Punitive damages (for cases involving reckless or intentional harm)

The deadline for filing a brain injury lawsuit is governed by the statute of limitations, which varies by state and can depend on the specific facts of your case. Certain exceptions may apply, including cases involving minors, claims against government entities, or situations where the injury was not immediately discovered.

Taking action promptly is important because missing the applicable filing deadline could prevent you from pursuing compensation for your injuries. Once the statute of limitations expires, your claim may be barred regardless of its merits.

Because filing deadlines can differ based on the circumstances, it is wise to speak with a personal injury attorney as soon as possible after an accident. An attorney can help determine the deadline that applies to your case and ensure that all necessary paperwork is filed properly and on time.

Yes, you can still file a claim if your symptoms appear weeks or months after the accident. TBIs can have delayed symptoms, and it is not uncommon for victims to experience cognitive, emotional, or physical impairments long after the initial injury. The ability to file a claim will depend on a few key factors:

Statute of Limitations

Each state sets deadlines for filing personal injury lawsuits, known as statutes of limitations. The amount of time you have to file a brain injury claim can vary depending on where the injury occurred and the specific circumstances of your case.

In some situations, exceptions may apply, particularly if symptoms were delayed or the injury was not immediately discovered. If you did not realize the full extent of your brain injury right away, an attorney can help you understand how filing deadlines may apply to your case.

Medical Documentation

Even if you did not seek medical care immediately after the accident, you may still be able to pursue a claim. A healthcare provider can evaluate your condition and determine whether your symptoms are consistent with injuries caused by the incident. Medical records documenting your symptoms, diagnosis, and recovery can play an important role in establishing the connection between the accident and your injury.

Proving Causation

To succeed in a TBI claim, you must prove that your brain injury was caused by the accident in question. This can be more challenging if significant time has passed, but an experienced attorney can use medical evaluations, expert testimony, and other evidence to establish a clear connection.

Insurance Company Challenges

Insurance companies may try to argue that your symptoms are unrelated to the accident, especially if there was a delay in diagnosis. An attorney can help counter these arguments by gathering strong medical and expert evidence to support your claim.

Contact Morgan & Morgan

Morgan & Morgan has experience handling complex brain injury cases, including claims where symptoms may not appear right away. Our legal team can review medical records, consult with experts, and evaluate the circumstances surrounding your injury to help you better understand your legal options.

Morgan & Morgan works on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you have developed symptoms of a brain injury after an accident, do not wait. Contact us today for a free case evaluation to discuss your legal options.

If your loved one is in a coma due to a traumatic brain injury, it is a devastating and challenging situation that requires immediate medical and legal attention. 

A coma is a serious medical condition that requires intensive care. Depending on the severity of the brain injury, your loved one may need:

• Emergency treatment to stabilize their condition and reduce brain swelling.
• Long-term hospitalization in a neuro-intensive care unit (ICU).
• Rehabilitation, if they regain consciousness, including physical therapy, speech therapy, and cognitive rehabilitation.

If your loved one suffered a traumatic brain injury because of another party’s negligence, whether in a motor vehicle accident, workplace accident, medical malpractice incident, or act of violence, you may have the ability to pursue legal action on their behalf.

Individuals who are in a coma or otherwise unable to handle their own legal affairs typically cannot file a lawsuit themselves. In those circumstances, a spouse, parent, legal guardian, or other eligible family member may be able to bring a claim on their behalf. If no legal representative has been designated, court approval may be required before legal action can proceed.

If your loved one does not survive the coma, you may be eligible to file a wrongful death lawsuit against the responsible party. This can help secure compensation for funeral expenses, loss of financial support, and the emotional suffering of the surviving family members.

Most importantly, an experienced legal advocate at Morgan & Morgan in Greenville, South Carolina, can assist you in navigating this complex legal process, fighting for the compensation you need and deserve.

Whether your TBI case goes to trial or is settled out of court depends on several factors, including the strength of your evidence, the willingness of the at-fault party to negotiate, and the complexity of your claim. Below is an overview of what to expect in both scenarios.

Settlement: The Most Common Outcome

Most personal injury cases, including TBI claims, are settled out of court through negotiations between your attorney and the defendant’s insurance company. A settlement can provide compensation without the need for a lengthy and stressful trial.

Why Settle?

• Faster resolution: Settlements typically take months rather than years.
• Lower risk: Trials are unpredictable, and a settlement guarantees compensation.
• Less stress: Avoiding court can ease the emotional and financial burden.

When a Settlement Might Not Be Possible

• The insurance company refuses to offer fair compensation for medical expenses, lost wages, and pain and suffering.
• There is a dispute over liability, and the defendant denies responsibility.
• Your damages are extensive and ongoing, requiring long-term medical care and financial support.

Going to Trial: When It Becomes Necessary

If a fair settlement cannot be reached, your case may proceed to trial. In this situation:

• Both sides will present evidence and witness testimony before a judge and jury.
• Your attorney will argue why the defendant is liable and why you deserve compensation.
• A jury will decide the case and determine how much compensation you should receive.

When Taking a Brain Injury Case to Trial Makes Sense

While many brain injury claims settle before reaching a courtroom, there are situations where taking a case to trial may be the best option. For example:

• The settlement offer does not adequately reflect the full extent of the victim’s losses, and a jury may award greater compensation.
• The case involves significant issues of accountability, such as holding a negligent company or institution responsible for its actions.
• The defendant disputes liability and refuses to accept responsibility, making a trial necessary to pursue justice.

If you or a loved one suffered a brain injury, Morgan & Morgan can evaluate your case and help determine the most appropriate path forward. Contact us today for a free case evaluation to discuss your legal options.

You may still have the right to pursue compensation even if you were partially responsible for the accident that caused your traumatic brain injury. The impact of shared fault on your claim will depend on the laws of the state where the accident occurred.

In some states, your compensation may be reduced based on your percentage of fault. Other states may restrict recovery if you are found to be primarily responsible for the accident, and some jurisdictions have rules that can affect recovery even when fault is shared.

Determining fault often involves examining evidence such as police reports, witness statements, medical records, photographs, or video footage, and expert analysis.

Insurance companies frequently try to assign a greater share of blame to injured individuals in an effort to reduce the amount they pay. An experienced brain injury attorney can help challenge unfair allegations of fault and protect your interests.

Even if you believe you may have contributed to the accident, it is important to speak with an attorney before concluding that you are not entitled to compensation.

No. Morgan & Morgan offers free consultations in Greenville. We believe everyone should have access to legal guidance, regardless of their financial circumstances.

Getting started is simple. You can begin with a free case evaluation in just a few minutes.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,000 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex brain injury cases.

Your claim may be handled by a team of legal professionals, including attorneys, paralegals, case managers, and support staff who work together to advance your case. You may also be assigned a primary point of contact who can provide updates, answer questions, and help guide you through the legal process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no up-front fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

Brain injury cases can be complex and often involve extensive medical evidence, long-term treatment needs, and significant financial losses. Morgan & Morgan has more than 1,000 attorneys nationwide and has recovered over $30 for clients.

Our brain injury attorneys have experience handling serious injury claims and understand the life-changing impact a traumatic brain injury can have on victims and their families. We work to build strong cases that account for both immediate losses and long-term medical needs.

Morgan & Morgan handles brain injury cases on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you believe someone else’s negligence caused your injury, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.