North Carolina Traumatic Brain Injury Lawyer | Concussion & Severe TBI Attorney

Medical Stabilization & Diagnosis (typically the first 2-12 weeks)

Emergency treatment, imaging, and initial diagnosis come first. For moderate and severe TBI, this phase includes hospitalization and the start of inpatient or outpatient rehabilitation.

Investigation & Expert Evaluation (roughly 8-26 weeks)

We secure accident evidence while it is still available, and coordinate neuropsychological testing and, in serious cases, life care planning to fully document the injury's impact.

Demand and Negotiation (roughly 12-30 weeks)

Once liability and damages, including any life care plan, are reasonably well documented, we present a demand package to the responsible party's insurer. Some cases resolve at this stage.

Litigation, If Needed (often 52-104 weeks)

If pre-suit negotiation doesn't produce a fair resolution, we file in North Carolina Superior Court. Disputed liability, especially in mild TBI cases with limited imaging findings, can extend this timeline.

What is the statute of limitations for a traumatic brain injury claim in North Carolina?

Generally three years from the date of injury under N.C.G.S. § 1-52(16). This is different from the two-year deadline that applies to wrongful death claims, so it's important not to confuse the two. Certain circumstances can affect how the deadline is calculated, so it's best to consult an attorney about your specific situation as soon as possible rather than waiting.

Can I still recover compensation for a mild TBI or concussion, even if my brain scan came back normal?

Yes, though these cases require careful documentation. Many mild traumatic brain injuries and concussions don't show up clearly on standard CT or MRI imaging, even when symptoms are real and disabling. We work with treating physicians and neuropsychologists who use cognitive testing, symptom tracking, and clinical evaluation - not just imaging - to document the injury. Insurance companies frequently argue that a normal scan means there's no real injury, which is one of the most common disputes in these cases.

What if I was partly at fault for the accident that caused my brain injury?

North Carolina follows the pure contributory negligence rule, which means that if you contributed even minimally to causing the accident, a strict application of that rule can bar recovery entirely. There are limited exceptions, including the "last clear chance" doctrine, which may apply depending on the specific facts. It's important to have an attorney review the details before assuming a claim is barred.

How is the value of a traumatic brain injury settlement calculated?

There is no fixed formula, and no outcome can be guaranteed in advance. Value is shaped by the severity and permanence of the injury as documented by medical and neuropsychological evidence, past and projected future medical and rehabilitation costs, lost earning capacity, the strength of the liability evidence, available insurance coverage or defendant assets, and whether contributory negligence is a factor. Two cases with similar-sounding injuries can result in very different outcomes depending on this full picture.

What is a life care plan, and why does it matter in a TBI case?

A life care plan is a detailed, medically grounded projection of a person's future care needs - therapy, medical treatment, home modifications, assistive equipment, and attendant care - prepared by a certified life care planner working from treating physicians' and neuropsychologists' findings. In moderate and severe TBI cases, the life care plan is often the central document used to calculate the true lifetime cost of the injury, since these costs can extend for decades and are easy to undervalue without expert analysis.

Why do I need a neuropsychologist involved in my case, not just my treating doctor?

A neuropsychologist performs standardized cognitive testing that can objectively measure deficits in memory, attention, processing speed, and executive function - deficits that may not show up on imaging but significantly affect a person's daily life and ability to work. This testing is often critical evidence, especially in mild-to-moderate TBI cases where insurers argue the injury isn't serious because a scan looked normal.

What kinds of accidents most commonly cause traumatic brain injuries in North Carolina?

Common causes include car, truck, and motorcycle accidents, falls (including on unsafe premises and in nursing home neglect cases), workplace accidents such as falls from height or being struck by equipment, and sports or recreational injuries. Each type of case involves different liable parties and evidence, and some, like workplace injuries, may involve workers' compensation alongside or instead of a third-party claim.

How long does a traumatic brain injury lawsuit typically take?

Most TBI cases resolve somewhere between 12 and 30 months from the time an attorney is retained through settlement, though cases involving disputed liability, multiple insurance carriers, or litigation can take significantly longer. Moderate and severe TBI cases often take longer to resolve than mild TBI cases because treatment, recovery, and prognosis take longer to stabilize enough to accurately value the claim. No timeline can be guaranteed for any individual case, and settling before the full extent of cognitive and physical recovery is understood can significantly undervalue a claim.

Can behavioral or personality changes after a brain injury be part of my compensation?

Yes. Changes in mood, impulse control, personality, and behavior are well-recognized consequences of traumatic brain injury and can be included in a claim for non-economic damages, as well as factored into life care planning if they affect a person's ability to live independently or maintain relationships and employment. These changes are typically documented through neuropsychological evaluation and input from family members and treating providers.

What if the injury seemed mild at first but symptoms got worse over time?

This is common with traumatic brain injuries - post-concussive symptoms can persist or worsen for months after the initial event, and some effects, particularly cognitive ones, may not become fully apparent until a person returns to work, school, or complex daily tasks. This is one reason it's important not to settle a claim too early, and to continue documenting symptoms with treating providers even after initial emergency care.

Do I need to pay anything upfront to hire a traumatic brain injury attorney?

No. We handle traumatic brain injury cases on a contingency fee basis, meaning our firm advances the costs of investigation, medical record retrieval, and expert evaluation, and we only get paid if we recover compensation for you. There is no upfront cost to have us review your case.

What happens if the at-fault party doesn't have enough insurance to cover a serious brain injury?

This is a real concern given how costly lifetime TBI care can be. Our attorneys investigate every available source of coverage, including underinsured motorist coverage on your own auto policy, umbrella policies, commercial coverage if a company vehicle or workplace was involved, and any other liable parties who may carry separate insurance. A defendant's personal assets may also be pursued in some cases, though collectability varies and is never guaranteed.