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Traumatic Brain Injury (TBI) Compensation FAQ
Experienced North Carolina Attorneys Fighting for Maximum Compensation
Understanding Traumatic Brain Injury (TBI)
A TBI occurs when a sudden trauma damages the brain. Common causes include car accidents, falls, sports injuries, workplace injuries, and assaults.
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Mild TBI (Concussion): Often causes headaches, dizziness, and confusion.
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Moderate TBI: Can lead to significant cognitive and physical impairments.
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Severe TBI: May result in prolonged coma, severe disability, or death.
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Cognitive: Memory problems, difficulty concentrating
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Emotional: Depression, anxiety, irritability
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Physical: Headaches, fatigue, sensory issues
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Behavioral: Impulsivity, aggression
NC’s TBI Legal Process and Your Rights
After a trucking accident, your actions can significantly affect your personal injury claim. Here’s what to do:
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Work-Related TBI: If your brain injury occurred on the job, you likely qualify for workers' compensation, covering medical bills and lost wages—regardless of fault. However, you can't sue your employer but may have a third-party claim if another company or contractor caused the injury.
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TBI from Negligence: If someone else’s negligence caused your injury (e.g., a car accident or unsafe property), you can file a personal injury lawsuit to seek compensation for medical expenses, lost income, and pain and suffering—which workers’ comp doesn’t cover.
Deadlines Matter: In North Carolina, you have three years to file a personal injury lawsuit and two years for workers' compensation claims. Reporting workplace injuries within 30 days is also required.
Not sure which path applies to your case? Our experienced TBI attorneys can help you understand your options and fight for the compensation you deserve.
TBI Compensation and Damages
The amount of compensation available for a traumatic brain injury (TBI) depends on factors like the severity of the injury, medical expenses, lost income, and how the injury affects your quality of life.
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Workers’ Compensation Claims: If your TBI occurred on the job, workers’ compensation will cover your medical bills, lost wages, and disability benefits. However, it does not provide compensation for pain and suffering or emotional distress.
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Personal Injury Lawsuits: If your injury resulted from a third party’s negligence—such as a reckless driver or a faulty piece of equipment—you may pursue a personal injury lawsuit. This can provide broader compensation, including damages for pain and suffering, emotional distress, and loss of quality of life.
An attorney can evaluate your case to identify whether you’re eligible for workers’ compensation, a personal injury lawsuit, or both, ensuring you secure the maximum recovery possible.
In a TBI case, you may be eligible to recover compensation through a workers' compensation claim or a personal injury lawsuit, including:
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Medical Expenses: This includes costs for hospital stays, surgeries, medications, therapy, and ongoing medical care.
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Lost Wages: Compensation for income lost due to the injury.
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Loss of Earning Capacity: Future income lost as a result of the injury.
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Pain and Suffering: Compensation for physical and emotional pain and suffering. (Not available through workers compensation)
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Loss of Consortium: Compensation for the loss of companionship, love, and affection. (Not available through workers compensation)
Don't let a TBI injury
define your future.
Contact Shankle Law today for a free consultation.