Wilmington Brain Injury Attorney


A brain injury can be terrifying for the victim and their loved ones. Beyond the often-invisible physical injury, the path to emotional recovery can be arduous. Brain trauma victims may suffer from depression, anxiety, confusion, mood swings, and agitation, which place a tremendous strain on the entire family. 

Worse still, the injured person appears completely normal while suffering from these incapacitating symptoms in the head. The Wilmington brain injury attorney at Diener Law has assisted innumerable accident victims and their families in recovering the necessary compensation from enduring the darkest of times.

When medical bills are piling up, and the prospect of making long-term care plans appears daunting, our personal injury attorney can assist you in evaluating your options for holding the negligent party accountable. Call our Wilmington law firm today to schedule a consultation!

Why Do I Need a Brain Injury Attorney in North Carolina?

At Diener Law, we believe that every client is entitled to our undivided attention. Therefore, our skilled Wilmington brain injury attorney at our firm works directly with each client. You can trust that we will not assign your case to a paralegal or inexperienced attorney. 

Instead, we will devote all of our resources to fighting for the compensation you deserve. This consists of the following:

Investigating the Accident That Caused Your Brain Injury in Depth

We will gather all available evidence, including accident reports, medical records, and witness statements, to build a solid case for you.

Identifying All Potential Compensation Sources

Depending on the circumstances surrounding your accident, this may involve pursuing compensation from your auto insurer, the manufacturer of a defective product, your workers’ compensation benefits, or the manager or owner of a poorly maintained property.

Utilizing Our Network of Specialists

With the assistance of a variety of experts, including accident reconstruction specialists, medical professionals, and financial planners, our firm will build a compelling case for compensation.

Protecting You From the Anxiety of Communicating With the Party at Fault

You and your family should concentrate on recovering from your brain injury rather than arguing with your insurance provider. Our competent Wilmington brain injury attorney will handle all communications regarding your compensation claim.

Developing a Compelling Case for Court Presentation

We are dedicated to pursuing maximum compensation for you and your loved ones. In some cases, this may involve negotiating a full and fair settlement for a brain injury. Nevertheless, we are always willing to argue your case in front of a judge and jury.

Keeping You Informed at Every Stage of Your Personal Injury Case

Our Wilmington brain injury attorney will maintain constant communication with you and your family to provide case updates and answer any questions you may have.

When coping with the aftermath of a brain injury, you should not be concerned about your ability to pay for legal representation. Our compassionate personal injury attorney at Diener Law can evaluate your case.

What Are the Common Causes of Brain Injuries?

No two brain injuries are identical. Many cases of brain injury are difficult to diagnose since they do not always involve open head wounds or skull fractures. However, many cases of brain injury share a few common causes, including:

  • Slip and Fall Accidents. Falls are the leading cause of TBI among adults 65 and older.
  • Car and Truck Collisions. Car and truck collisions are the leading cause of Traumatic Brain Injury among young adults.
  • Motorcycle Crashes. Even when helmets are worn, many motorcycle riders involved in motorcycle collisions suffer Traumatic Brain Injuries.
  • Bicycle and Pedestrian Accidents. In a collision, bicyclists and pedestrians have significantly less protection than vehicle occupants, and TBI is a common outcome.
  • Sport-Related Injuries. TBI is a common occurrence among athletes and young people who participate in vigorous sports such as football, soccer, and hockey.
  • Domestic Violence. Extreme instances of domestic violence, such as battery with blunt objects, frequently result in Traumatic Brain Injury (TBI).
  • Child Abuse. Unfortunately, abuse of children under the age of 4 is the leading cause of Traumatic Brain Injury (TBI).
  • Assault and Battery. Assaults and batteries involving weapons like hammers, knives, or baseball bats commonly result in penetrating brain injuries.
  • Gun Violence. The penetration of the skull by a bullet or shrapnel is another common cause of Traumatic Brain Injury.

What Should I Do If You Suspect a Brain Injury?

Call us immediately for a scheduled consultation. Our law firm has served clients in Wilmington and throughout North Carolina for years. If you suspect you have suffered a brain injury, you should follow the following steps:

Obtain Medical Care Immediately

Whether you are transported to the hospital by ambulance or visit the emergency room on your own, prompt diagnosis and treatment of any suspected brain injury is essential. Several diagnostic procedures, including X-rays, MRIs, and CT scans, will be performed to determine the nature and extent of your injuries.

Brain injuries can range from mild concussions to life-threatening traumatic brain injuries. However, even a seemingly “mild” brain injury should not be taken lightly. To detect issues such as brain edema and bleeding, sophisticated imaging is required. In the immediate aftermath of an accident, these issues may not be immediately apparent, but if left untreated, they can worsen.

Never assume a head injury is minor, even if you feel like you just “got your bell rung.” Call 911 or visit a doctor immediately.

Follow the Physician’s Orders

Once you have received medical attention, the doctor will advise you on how to treat your injury. If you have suffered a concussion, your physician may advise you to rest and monitor your symptoms. For moderate or severe injuries, you may be prescribed anti-inflammatory and anticonvulsant medications. 

As their recovery progresses, some brain injury patients may require rehabilitation for a limited time. Others, on the other hand, may require ongoing therapy to manage the effects of brain injury.

Keep Every Bill and Receipt

Treatment for brain injuries is often costly. Whether independently or with the assistance of a trusted family member or caregiver, it is essential to document all of your post-injury expenses. Primarily, this consists of bills and receipts for medications and other out-of-pocket expenses. 

It is also important to maintain organized records of doctor and therapist appointments and the distance traveled to and from care facilities. After sustaining a severe injury, it is common to feel overwhelmed by medical expenses. Maintaining order will allow you to keep up with the payments. 

In addition, if you decide to file a lawsuit against the party responsible for your brain injury, keeping track of the costs is essential.

Consult With a Personal Injury Attorney

Vehicle collisions, falls, and assaults are just a few of the leading causes of traumatic brain injury. If the injury was caused by someone else’s negligence, you are entitled to compensation for your losses. In the event of a vehicle collision, the other driver may be liable. 

If you were injured as a result of a slip and fall accident or unsafe conditions on a property, the owner might be liable. In these and other situations where your brain injury was caused by another party’s negligence, our versed personal injury attorney can pursue compensation for you. 

When you contact our Wilmington brain injury attorney, we will assess your case and discuss your financial recovery options. When you file a claim, we will seek compensation for all medical expenses and lost wages you have incurred as a result of your brain injury, as well as your expected loss of income if you cannot work. 

You may also be entitled to compensation for your pain and suffering, disability, and other life-altering effects.

How Do Brain Injuries Impact One’s Quality of Life?

Similar to other injuries caused by accidents, traumatic brain injuries affect individuals differently. Depending on the severity of the injury and the region of the brain that was affected, the most frequently reported symptoms of brain injuries to include communication, cognitive, behavioral, emotional, and physical difficulties.

In some instances, the lives of our clients are affected by a variety of challenges, which may include:

Communication Issues

  • Trouble talking
  • Incapacity to organize ideas and thoughts
  • Difficulties with writing

Cognitive Problems

  • Lack of concentration or focus
  • Altered judgment
  • Memory issues
  • Deficient problem-solving skills

Behavioral Issue

  • Outbursts
  • Absence of consciousness or self-control
  • Risky behavior

Emotional Complications

  • Depression
  • Changes in self-esteem
  • Mood swings

Physical Injuries

  • Difficulty swallowing
  • Vision impairment
  • Seizures
  • Nerve damage
  • Mobility issues

Brain injuries affect not only the victim’s daily activities and overall quality of life but also the victim’s family and friends. Our skilled Wilmington brain injury attorney at Diener Law believes that the victim and their family should have access to the legal representation necessary to pursue the negligent party for full financial recovery. We can assist you beginning with a scheduled consultation.

When Can I File a Personal Injury Claim After My Brain Injury?

Not all traumatic brain injuries result in a personal injury claim. However, if you answered “yes” to each of the following questions, you should discuss your options with an experienced Wilmington brain injury attorney:

Was the Brain Injury the Result of Someone Else’s Carelessness?

If your brain injury was the result of an accident with a distracted driver, medical malpractice, or another incident caused by the negligence of another party, you likely have a claim.

Was the Negligent Party Responsible for Preventing Your Injury?

It is the responsibility of motorists to drive safely around others, and it is expected of medical professionals to adhere to certain accepted standards. You should demand justice if the party at fault failed to uphold their responsibility, resulting in your brain injury.

Did You Suffer Actual Financial or Personal Losses Due to Your Injury?

If your head injury has resulted in medical expenses or missed work, you may seek compensation for these financial losses. You may also seek compensation for anticipated future losses and damages, such as pain and suffering.

What Are the Elements Needed to Prove Negligence in a Brain Injury Claim?

To establish negligence in a brain injury claim, four elements are required: a duty of care, a breach of that duty, causation, and damages. To receive monetary compensation for your brain injury, you must establish each of the following four elements. Failure to prove even one of these elements could prevent you from recovering the necessary compensation.

Duty of Care

Every claim for brain injury must first establish a duty of care. Ultimately, the defendant is only liable for a brain injury claim if they owe a duty of care to the injured party. 

Breach of Duty of Care

Proving that the defendant owes a duty of care is merely the initial step. A plaintiff seeking compensation for a brain injury must also demonstrate that this duty was breached. Whether or not the duty of care was breached is typically the central issue in a brain injury claim.

Causation

You will only be able to recover compensation for injuries directly related to the breach of duty of care. This component of negligence is known as causation.

Damages

Damages are the final step in proving negligence in a case involving a brain injury. Given that these damages are proportional to the severity of the injury, it may not be difficult to establish damages for a brain injury. For a claim to be successful, a plaintiff must prove the number of damages they are owed.

In these cases, defendants frequently admit liability but argue that the damages were minimal. A claim for damages could include, among other things, lost wages, pain and suffering, medical costs, and disability expenses.

What Are the Types of Compensation Available for Brain Injuries?

If you sustained a brain injury as a result of someone else’s negligence or recklessness, you might be eligible to file a compensation claim. With a successful claim, you could receive compensation for the following losses related to TBI:

  • Previous Medical Expenses
  • Potential Medical Expenses
  • Lost Earnings
  • Lost Future Earnings
  • Pain and Suffering
  • Reduced Life Quality

What is the Time Limit for Filing a Brain Injury Lawsuit in North Carolina?

The statute of limitations in North Carolina sets a deadline for filing a brain injury lawsuit. If you wish to file a lawsuit for personal injury, you have three years from the date of your injury to do so. If you fail to file a lawsuit against the at-fault party within three years, you will likely lose your right to compensation.

Three years may seem like a long time, but you should discuss your case with an attorney as soon as possible. Our knowledgeable Wilmington brain injury attorney will need to act swiftly to preserve evidence and start documenting your losses immediately.

Talk to Our Seasoned Wilmington Brain Injury Attorney Today

After a life-altering accident, the knowledgeable Wilmington brain injury attorney at Diener Law knows what it takes to obtain the compensation you require. We will move swiftly to investigate the causes of your accident and identify all potential compensation sources.

Our seasoned North Carolina legal team frequently collaborates with a trusted network of healthcare professionals and other experts who can provide crucial testimony regarding the long-term effects of your injuries. Our objective is to provide you with the best opportunity to maximize your recovery.

Contact us immediately to learn how we can assist you during this difficult time. We can meet with you at our office in Wilmington, North Carolina, or anywhere else in the state.

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