A hematoma is a bad bruise that happens when head trauma causes blood to collect and pool within the brain or underneath the skull, where it puts pressure on the brain. It’s usually caused by trauma from motor vehicle accidents or fall accidents, but it can also be caused by almost any sort of serious brain trauma or closed head injury from an impact. This form of brain bruise can be life-threatening and often requires immediate treatment, possibly surgery.
What About the Statute of Limitations?
A statute of limitations is essentially a time limit you have to file a lawsuit in your case. This statute of limitations in South Carolina is normally three years from the date of the injury, or three years from the date of death in the case of wrongful death suits. That time limit, however, can be extended and can change based on a wide variety of factors.
It’s always best to contact a personal injury lawyer early because the sooner you do, the fresher the evidence will be and the easier it will be to build an iron-clad case. Not every TBI, however, shows symptoms right away, and even if it’s been some time, you are encouraged to get in touch with an injury law firm about your personal injury claim. We can offer guidance and advice on how to best proceed. In the end, regardless of the statute of limitations, we may be able to help.
Proving a Serious Head Injury Was Caused by Negligence
Negligence is a legal term that basically means someone else is at fault for the accident. Legally, it means proving that someone else had a duty of care to the traumatic brain injury victim, that they violated that duty of care, and that this violation led to the TBI. In the case of motor vehicle accidents, for example, you must prove that the other driver acted in a manner that was so reckless that no reasonable person would act that way, that their actions led directly or indirectly to the accident, and that the accident caused the brain injury victim’s harm.
An experienced personal injury attorney will launch an investigation into your case and recreate the circumstances that led to the injury as part of your claim. They will examine your medical records, the circumstances of the incident, and the symptoms you’ve experienced from headaches to loss of consciousness and even emotional trauma. Additionally, you’ll undergo EEG examinations using modern imaging technology to illustrate the severity of the injury.
In some cases, negligence may not be a part of traumatic brain injury cases. For the most part, this occurs when the accident happened during the normal course of your job duties. In this case, workers’ compensation may cover you. Your South Carolina traumatic brain injury attorney can help you determine if this is the case for you.
