How a Greenville Personal Injury Attorney Proves Fault in Traumatic Brain Injury Cases

personal injury lawyer greenville

Traumatic brain injuries (TBIs) are among the most devastating and life-altering injuries a person can endure. Whether caused by a motor vehicle accident, slip and fall, or a violent assault, TBIs can result in long-term cognitive, physical, and emotional consequences. Victims often face overwhelming medical bills, lost wages, and a significant change in quality of life. One of the most critical steps in pursuing compensation is proving that another party was at fault for the injury. This is where an experienced Greenville personal injury attorney plays a vital role.

In this comprehensive guide, we’ll explore how personal injury attorneys in Greenville, North Carolina, prove fault in traumatic brain injury cases, including the legal principles involved, the types of evidence used, and the challenges they often face.

Understanding Traumatic Brain Injury (TBI)

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when an external force causes damage to the brain. TBIs can range from mild concussions to severe brain damage resulting in permanent disability or death. Common causes in Greenville include:

• Motor vehicle accidents on roads like Memorial Drive and Arlington Boulevard

• Slip and fall accidents in stores, parking lots, and public buildings

• Sports injuries from ECU athletics and local recreation

• Assaults and domestic violence

• Workplace accidents in construction or industrial jobs

Types of Traumatic Brain Injuries

• Concussion: A mild TBI typically resulting in temporary loss of function.

• Contusion: A bruise on the brain due to a direct impact.

• Penetrating Injury: Caused by an object penetrating the skull and brain tissue.

• Diffuse Axonal Injury: Caused by violent shaking or rotational forces, leading to widespread damage.

Legal Elements of a TBI Claim in Greenville, NC

To prove fault in a traumatic brain injury case, a Greenville personal injury attorney must establish the four elements of negligence under North Carolina law:

1. Duty of Care

The defendant must have owed a duty of care to the victim. For example, a business owner has a duty to maintain safe premises for visitors.

2. Breach of Duty

The attorney must prove that the defendant breached this duty through negligent or reckless behavior, such as failing to salt icy steps or texting while driving.

3. Causation

There must be a direct link between the breach of duty and the traumatic brain injury sustained by the victim.

4. Damages

The attorney must demonstrate that the victim suffered measurable damages, such as medical expenses, lost income, and pain and suffering.

Note: North Carolina applies a strict contributory negligence rule, meaning victims who are even 1% at fault may be barred from recovering damages. This makes strong legal representation crucial.

Gathering Crucial Evidence in Greenville TBI Cases

To establish fault, Greenville attorneys gather a wide range of evidence, including:

Accident Reports and Official Records

Police reports from Greenville Police Department or the Pitt County Sheriff’s Office provide critical details about the accident scene and any citations issued.

Medical Records and Expert Testimony

Medical documentation is essential to establish the extent of the brain injury. Personal injury attorneys in Greenville often work with:

• Vidant Medical Center neurologists

• Neuropsychologists from ECU Health or private clinics

• Rehabilitation specialists

These experts evaluate the impact and long-term effects of the TBI.

Eyewitness Testimony

Statements from bystanders or co-workers can support the victim’s version of events.

Surveillance Footage and Photos

Footage from nearby businesses or intersections like Evans Street or Dickinson Avenue can be invaluable.

Accident Reconstruction

In complex Greenville traffic or industrial cases, attorneys may hire accident reconstruction specialists to analyze skid marks, damage, and mechanics of the incident.

Employment and Wage Records

To prove lost income, attorneys gather records from local employers, such as ECU, Vidant Health, or other major companies in Greenville.

Types of Greenville TBI Cases

Motor Vehicle Accidents

Local highways like US-264 and NC-11 are common locations for serious crashes. Attorneys review:

• Police reports

• Vehicle damage

• Dash cam footage

• Phone records

Slip and Fall Accidents

Premises liability cases in Greenville involve:

• Apartment complexes

• Retail stores like Target or Harris Teeter

• Public parks and sidewalks

Attorneys examine maintenance logs and safety protocols.

Workplace Accidents

Greenville has a range of workplaces from ECU labs to manufacturing plants. Attorneys investigate safety violations and OSHA compliance.

Assault or Violence

Civil claims stemming from criminal conduct may use police and hospital records to establish liability.

Legal Challenges in Greenville TBI Cases

Proving the Severity of the Injury

Attorneys must often go beyond CT scans and show detailed cognitive changes using:

• fMRI imaging

• Neuropsychological testing

Establishing Causation

Defense may claim the injury was pre-existing. Attorneys counter with:

• Baseline health records

• Detailed symptom timelines

Contributory Negligence Defense

Because of North Carolina’s harsh contributory negligence laws, proving 100% fault by the defendant is critical.

The Role of Expert Witnesses in Greenville TBI Lawsuits

Neurologists

Often from Vidant or affiliated providers, they discuss diagnosis and treatment.

Neuropsychologists

They explain how the TBI affects memory, behavior, and reasoning.

Economists

They help estimate future medical costs and lost earning potential.

Vocational Rehabilitation Experts

Assess the victim’s ability to return to work or require re-training.

Types of Damages Available in Greenville TBI Claims

Economic Damages

• Hospital and therapy bills

• Lost wages from time off work

• Long-term care costs

Non-Economic Damages

• Pain and suffering

• Emotional distress

• Reduced quality of life

Punitive Damages

In rare cases of willful misconduct, such as drunk driving, punitive damages may be awarded.

Typical Timeline of a Greenville TBI Case

1. Initial Consultation

The attorney evaluates the facts and medical history.

2. Investigation Phase

Includes gathering of local reports, medical records, and interviewing witnesses.

3. Demand Letter

Sent to the insurer with supporting documentation.

4. Settlement Talks

Negotiation based on liability and damages.

5. Litigation

If necessary, a lawsuit is filed in Pitt County Superior Court.

6. Trial

Attorneys present evidence to a judge or jury.

Final Thoughts: Get Legal Help from a Greenville Personal Injury Attorney

Proving fault in a traumatic brain injury case in Greenville, NC is no small feat. With North Carolina’s contributory negligence law, detailed documentation and skilled legal advocacy are essential. A local Greenville injury attorney brings knowledge of Greenville’s legal environment, courts, and resources to fight for your rights.

If you or a loved one has suffered a TBI due to someone else’s negligence in Greenville, don’t wait.

Call to Action:

Contact a trusted Greenville personal injury attorney today for a free consultation. Let them protect your rights, secure the compensation you deserve, and help you move forward with confidence.

To know more details, contact us

Name of Law Firm: Irons & Irons P.A. Auto Accident and Personal Injury Attorneys

Address: 620 Lynndale Ct Suite A, Greenville, NC 27858, United States

Phone:    252-215-3000

Website URL:    https://theironslawfirm.com