A brain stem injury is one of the most severe types of injuries a person can experience due to its critical role in controlling essential bodily functions. The brain stem acts as a communication hub between the brain and the rest of the body, regulating vital processes such as breathing, movement, and heart rate. Damage to this area can disrupt these life-sustaining functions, leading to profound and often permanent consequences.
For those dealing with the aftermath of a brain stem injury, legal recourse may provide a pathway toward relief. Pursuing compensation can help cover medical expenses, lost earnings, rehabilitation costs, and adjustments needed for long-term care. Seeking legal guidance from a Savannah traumatic brain injury lawyer ensures that victims and their families have an advocate fighting for their quality of life during such a difficult time.
What Are Common Causes of Brain Stem Injuries?
Brain stem injuries are typically the result of high-impact trauma. Since this part of the brain is so deeply integrated with bodily functions, accidents that involve rapid force or sudden impact can cause significant damage. Some of the most common scenarios leading to brain stem injuries include:
- Car Accidents: High-speed collisions often lead to strong jerking motions or blows to the head. This can result in whiplash injuries or direct trauma that harms the brain stem.
- Motorcycle Crashes: Motorcycles provide less physical protection compared to cars. Riders involved in accidents are more likely to sustain direct blows to the head or neck area, which may affect the brain stem.
- Falls: Slip-and-fall accidents, particularly from great heights or on hard surfaces, often result in traumatic injuries to the head and neck, increasing the likelihood of brain stem involvement.
- Assault or Violence: Physical attacks, especially those involving blunt objects or strangulation, can cause significant trauma to the brain stem and surrounding areas.
- Truck Accidents: Due to the size and weight of trucks, accidents involving these vehicles tend to cause serious injuries, including damage to the brain stem.
Each of these situations demonstrates how common and varied the causes of brain stem injuries can be. The severity often depends on the nature of the accident and the forces involved.
What Compensation Can a Lawyer Help You Seek After a Brain Stem Injury?
Suffering a brain stem injury can have devastating financial and emotional consequences. These injuries often result in long-term medical needs, inability to work, and significant lifestyle changes, leaving victims and their families struggling to cope. Pursuing compensation can ease these burdens by covering the following expenses:
Medical Bills (Past and Future)
Brain stem injuries often require immediate and ongoing medical care. Compensation can cover emergency room visits, surgeries, hospital stays, medications, and any specialized treatments. Future medical expenses, such as follow-up procedures, diagnostic tests, and prescribed therapies, are also eligible. Given the high cost of advanced medical care, it’s vital to account for both current and future needs when filing a claim.
Rehabilitation and Therapy
Rehabilitation is a crucial part of recovery after a brain stem injury. Many survivors require physical, occupational, or speech therapy to regain lost abilities and adapt to new limitations. These therapies can extend over months or even years, further increasing costs. Compensation can help pay for these essential services to promote a better quality of life for the victim.
Lost Wages and Reduced Earning Potential
A brain stem injury can significantly impact a person’s ability to work temporarily or permanently. Victims may be unable to return to their previous jobs, resulting in a loss of income. Additionally, the reduced physical or cognitive abilities that often accompany these injuries can limit future earning potential. Compensation can address both immediate lost wages and long-term income reduction, providing financial security for the victim and their family.
Pain and Suffering
Brain stem injuries often cause immense physical pain and emotional distress. Ongoing symptoms, such as difficulty speaking, breathing, or managing daily tasks, can take a heavy toll on a person’s mental well-being. Compensation for pain and suffering recognizes these non-economic damages, offering some measure of relief for the victim’s enduring challenges.
Long-Term Care Costs
Severe brain stem injuries frequently require long-term or even lifelong care. This can involve in-home nursing assistance, adaptive equipment, or residence in a specialized care facility. These costs add up quickly, creating a financial burden that many families are unprepared for. Compensation can help cover these long-term care expenses, ensuring the individual receives the support they need.
Loss of Enjoyment of Life
Brain stem injuries can rob victims of the ability to enjoy activities they once loved, from hobbies to social interactions. Simple pleasures like playing with family or participating in community events may no longer be possible. Compensation for this loss recognizes the profound impact the injury has on a person’s overall quality of life and seeks to address the emotional void left behind.
Wrongful Death (If the Injury Is Fatal)
If a brain stem injury results in death, the surviving family members may be able to file a wrongful death claim. Compensation in these cases can cover funeral and burial expenses, loss of financial support, and emotional suffering caused by the loss of a loved one. These claims provide families with a path to seek justice and financial aid during a tragic time.
How Fault and Negligence Are Proven in Georgia and South Carolina Brain Injury Cases
When someone suffers a brain stem injury, it’s not enough to show that the injury happened – you also have to prove that another person or party was legally responsible. In Georgia and South Carolina, this means showing that the injury was caused by someone else’s negligence or intentional actions.
What Counts as Negligence?
Negligence is when someone fails to take reasonable care, and that failure causes harm. In a brain stem injury case, this could mean a driver ran a red light, a property owner left a dangerous condition on their land, or an employer ignored safety protocols.
To prove negligence, you must show that the person or company owed a duty of care, violated that duty, and caused your injury as a result. Your legal team will gather many forms of evidence to show how the injury occurred and who is responsible. This can include:
- Accident reports from police or workplace investigators
- Surveillance footage or traffic camera videos showing the incident
- Witness statements from bystanders or first responders
- Expert analysis from accident reconstruction specialists
- Medical records and imaging to show how the injury happened and its effects
The best way to prove your injury claim is to work with an experienced lawyer.
Time Limits to File a Brain Injury Lawsuit
Brain stem injuries are life-altering, but the legal system doesn’t give you unlimited time to take action. Every state has laws that set time limits for filing a personal injury claim—these are known as statutes of limitations. If you miss the deadline, you may lose the right to pursue compensation, no matter how strong your case is.
Georgia: 2-Year Deadline
In Georgia, you generally have 2 years from the date of injury to file a lawsuit for personal injury. This time limit applies whether your brain injury came from a car accident, fall, assault, or other negligence.
South Carolina: 3-Year Deadline
In South Carolina, the deadline is 3 years from the date of the injury. This applies to most personal injury lawsuits, including cases involving traumatic brain injuries.
Shorter Deadlines for Government Claims
If your injury was caused by a government employee, agency, or on public property (like a city bus or a municipal building), you may have to file a formal notice of claim much sooner – sometimes within 6 to 12 months.
These rules vary by state and type of claim, so it’s important to speak to a lawyer right away.
Georgia: How Comparative Fault Affects Brain Stem Injury Claims
In Georgia, personal injury cases, including those involving brain stem injuries, follow a modified comparative negligence system. If the injured person is found to be 50% or more at fault, they are barred from recovering any damages. If they are less than 50% at fault, they can still recover compensation, but the amount is reduced based on their percentage of responsibility.
For someone with a brain stem injury, this rule can have a major impact. These injuries often involve long-term disability, extensive rehabilitation, and life care planning. For example, if you are awarded $1,000,000 but found to be 45% at fault – perhaps for not wearing protective gear or failing to see a hazard – you would receive $550,000 instead.
This is where a lawyer becomes essential. Insurance companies may try to shift blame to avoid paying full value on a serious claim. A skilled attorney will investigate the scene, gather expert testimony, and fight back against unfair attempts to blame the victim. They’ll work to keep your percentage of fault as low as possible, so you don’t lose out on the support you need.
South Carolina: How Fault Can Affect Your Brain Injury Case
South Carolina uses a similar modified comparative negligence rule, but the limit is slightly different. Here, you can recover damages only if you are found to be less than 51% at fault. If you are 51% or more responsible, even if your injuries are catastrophic, you’re not allowed to collect compensation.
In a brain stem injury case, the financial stakes are incredibly high. These injuries often require ongoing medical care, loss of income, and long-term support. If the defense can push your share of the blame above 50%, even by a small margin, it could wipe out your ability to recover anything at all.
This is exactly why you need a lawyer who understands how fault is assigned in South Carolina. An experienced attorney will collect the right evidence, challenge the insurance company’s version of events, and work to protect your legal right to compensation.
How Can a Lawyer Help With a Brain Stem Injury Case?
Brain stem injury cases are among the most serious personal injury claims. The medical costs are high, the legal issues are complex, and the stakes for your future are enormous. An experienced personal injury lawyer can take the pressure off you and your family during this difficult time.
Investigate How the Injury Occurred and Identify All Liable Parties
Your lawyer will review all available evidence – accident reports, video footage, witness statements – and bring in experts if needed. In some cases, there may be more than one liable party, such as a driver and a manufacturer, or a property owner and a contractor.
Work With Medical Experts to Explain the Severity and Impact of the Injury
Doctors and specialists may be asked to write reports or testify about how the injury affects your daily life, your ability to work, and your future medical needs. Your lawyer will use this information to build a case reflecting the true extent of your losses.
Handle Insurance Negotiations
Insurance companies often try to settle brain injury claims for far less than what’s needed. Your attorney will deal with the adjusters, push back against low offers, and advocate for fair compensation. If the insurance company won’t negotiate, your lawyer can file a lawsuit on your behalf.
File a Lawsuit and Represent You in Court if Needed
Most cases settle before trial, but not all. If your case goes to court, you’ll want a legal team that knows how to prepare a case, present evidence clearly, and argue effectively in front of a judge or jury.
What to Expect When You Hire Jamie Casino Injury Attorneys
At Jamie Casino Injury Attorneys, we know what’s at stake after a serious brain injury. Our firm has handled many catastrophic injury cases across Georgia and South Carolina, and we understand how to deal with the legal, medical, and insurance challenges that come with them.
- We bring significant experience: We’ve handled severe injury cases involving car accidents, workplace trauma, and dangerous property conditions.
- We fight hard for our clients: Whether we’re negotiating a settlement or going to trial, we work aggressively to hold negligent parties accountable.
- We treat clients with care: We understand how life can change after a brain stem injury, for both the victim and their family. We’re here to offer support and honest legal guidance throughout the process.
- You don’t pay unless we win: We offer free consultations, and we don’t charge fees unless we successfully recover compensation for you.
If you have any questions, don’t hesitate to contact us to schedule a free consultation with a personal injury lawyer. Call us when you’re ready.
Savanna, Georgia
(912) 355-1500
Augusta, Georgia
(706) 842-3817
Columbia, South Carolina
(803) 373-0375