Asheville Brain Injury Lawyer

Work with Our Brain Injury Lawyer to Get the Compensation You Deserve

Our Dedicated TBI Lawyer in Asheville Will Fight Tenaciously for You

Our team knows the devastation a TBI can cause in your life. That’s why our TBI lawyer is so dedicated to pursuing maximum compensation in your case. Brain injuries are some of the most serious injuries anyone can experience. Your brain is the most important organ in your body. Anything that harms your brain will have significant impact on your life. If the injury is severe, it can lead to paralysis, inability to communicate, changes in personality, coma, or death. Victims may be unable to work and need extremely expensive services and support. Those responsible for these unexpected and drastic changes in your life should pay for their negligence.

Work with Lakota and you’ll have a steadfast, dedicated brain injury attorney on your side at every step in the legal process. Find out how he can help you. If you or a loved one suffered a brain injury, you may be entitled to compensation for your losses through a brain injury lawsuit. While no amount of money can make up for a life-changing catastrophic injury, a settlement can help by easing your financial burdens and paying for rehabilitation and care. If a settlement offer is too low, Lakota will discuss your options for taking your brain injury case to courts.

You can count on honest and hardworking representation when you trust Lakota with your case. Lakota and his team strive to ensure that clients are fully and appropriately compensated for their injuries, their pain and suffering, and the effects that their injuries have had on their work and family life.

We offer a free consultation to discuss the circumstances of your brain injury, so call us today to get started working for the benefits you deserve.  Don’t delay, call 828-333-5996.

How Our Asheville Brain Injury Attorney Proves Negligence

To win your lawsuit, we would have to prove that the defendant in the case was legally negligent by showing the following elements:

• Duty: The defendant had a duty of care not to cause harm.
• Breach: The defendant breached this duty by acting or failing to act.
• Cause: This wrongful act, neglect, or default caused the accident that led to your injuries.
• Damages: You suffered damages as a result.

For example, if a truck driver sped through a red light and crashed into your vehicle:  the driver owed you a duty to drive carefully but failed to do so, and the resulting accident caused your brain injury and damages such as medical costs and loss of wages.

In some cases, there may be multiple parties responsible who could be found liable.  For example, the truck driver, truck owner, owner of the trucking company, the company responsible for truck maintenance and repair, the company that loaded the cargo, and the manufacturer of a defective part that failed could be held liable in this case, depending on what caused the accident.  These parties may all have insurance and assets that could go toward a settlement, and we would look to name them all in a brain injury lawsuit.

Our Brain Injury Lawyer Knows What It Takes to Prove Another Party Was at Fault

In a legal setting, where you need to recover compensation to pay medical bills, lost wages, and pain and suffering, brain injuries require more specific medical documentation than other kinds of injuries. The difference is that, most often, a brain injury cannot be seen on any diagnostic image, such as a CT scan or MRI. Because these injuries are “invisible” on imaging, they are almost entirely based on your own subjective experience of how you are feeling. Good medical documentation is critical with a brain injury.

Insurance companies and juries are the people who will evaluate your legal claim to recover for a brain injury. They are skeptical about people who have injuries they cannot see with their own eyes, so good medical documentation from a neurologist is critical to proving that your brain injury is real and not something you’ve invented in your own mind. Reporting your brain injury symptoms to your doctor consistently over time is essential to eventually proving your case, because your symptoms are likely the only way to know that you actually have a brain injury.

To be successful with your case, our brain injury attorney would not only have to prove the extent of your injuries, but also collect evidence to show that another party or entity was negligent and therefore liable for the damages you received.

Our brain injury lawyer will take several steps to develop a strong case. Lakota will…

• Listen to your version of what happened
• Investigate the accident scene to gather evidence about how the brain injury occurred
• Interview eyewitnesses and first responders
• Examine police, ambulance, hospital and medical records
• Locate all potential defendants who may have been at fault for causing your injuries
• Get expert opinions from medical professionals, therapists, and life-care specialists as to how your injuries affect you now and will into the future and the care which will be necessary.

Damage Awards Our Asheville Brain Injury Lawyer Can Help You Recover

Lakota and his team will fight to win an award for your damages (the losses you sustained from your injury). In a successful case, you may win an award for compensatory damages, which cover both economic and non-economic damages. Our Asheville brain injury lawyer will explain what damages you can expect in your case. You can start your discussion with Lakota in a free initial consultation.

Economic damages are for your calculable costs such as:

• Medical, rehabilitation, and continuing care costs
• Property damages
• Wage losses.

Non-economic damages are restitution for things that are difficult to put a dollar value on, but negatively affect your life, such as:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life and consortium.

In some rare cases where the defendant acted in a way that was malicious, willful, or especially egregious, you may also receive punitive damages.

Amounts of damage awards vary greatly, depending on facts such as the extent of the brain damage, the costs involved, whether you need continuing care, whether you can go back to work, and your age, earning ability, and family situation.

The skill of your brain injury attorney to negotiate with insurance and argue your case in front of a judge or jury is an important element of the total compensation you can obtain.

Whether you suffered a TBI or another serious brain injury that was caused by someone’s negligence, find out how we can help you. Give our team a call today at 828-333-5996 to get help with your brain injury case.

6 Tips from Our Brain Injury Lawyer in Asheville, NC

There Are Clear Steps to Take When Your TBI or Brain Injury Is Someone Else’s Fault

Our traumatic brain injury lawyer can keep you from making costly mistakes in your case. Building strong proof that another person is responsible for your brain injury or TBI will directly impact the amount of compensation you can obtain.

When your brain injury is caused by someone else’s negligence, such as a car accident, slip and fall, or something falling on you, there are specific things you need to know so that you are treated fairly by the insurance company involved or the jury who will decide your case.  Here are the steps you must take to ensure that you are treated fairly.

1. The first thing you should do is contact a brain injury lawyer as soon as possible. Our skilled TBI lawyer will guide you through getting the proper medical treatment and ensuring that everything will be paid by the responsible party.

2. Investigate what happened. If it’s possible for you, or someone on your behalf to act before the scene of your brain injury changes, take photographs, interview witnesses, and possibly send letters asking people to preserve any evidence in their possession. However, brain injuries can be severe, and you will not be able to carry out investigatory steps. If you hire our brain injury attorney, Lakota and his team will do this investigation for you.

3. Report any symptomsto a doctor immediately.  Go to the emergency room or an urgent care facility immediately if you suspect any kind of head injury.  Obviously, this is critical to ensure you are safe and treated properly for any injuries you may have, but it is also important for your legal case.

A doctor’s record showing exactly what you were feeling soon after the incident is essential for your legal case.  Keep in mind that people often believe that their headache and dizziness from hitting their head is not a big deal and don’t immediately go see a doctor.  When you have a brain injury, your thinking can be affected, and you may tend to underestimate the severity of your injury for the first few days. Don’t risk waiting to get treatment — get checked out immediately.

4. Don’t talk to the insurance company if they call.  First of all, you should never talk to an insurance company about your brain injury without first talking to a lawyer. Second, this is especially true if you could have a brain injury that affects your thinking and ability to concentrate.

The bottom line is that insurance companies are for-profit corporations that make billions of dollars each year by paying as little as possible on injury claims like yours.  They don’t need to get any actual information from you – they can get all the same information from a police report of their own insured.  The only reason they would call you after you’ve been injured is to get you to say something that would justify their offering you less money – or no money at all.

5. Consistently follow up with medical treatment. Follow your doctor’s advice closely, and don’t go too long without seeing a doctor to report your symptoms.  Remember, brain injuries usually involve symptoms that only you can experience.  Listing off these symptoms so the doctor knows what you are going through is essential to both your treatment and to your legal case.  As long as you are experiencing symptoms, don’t go more than a week or two without seeing a doctor of some kind.

6. Keep a journal of your brain injury symptoms. Because there is such a variety of brain injury symptoms, it can help to keep a journal of everything you’re experiencing.  Write down when you are nauseous, dizzy or have blurred vision.  Write down when you have nightmares or depression that is any different from what you experienced before the injury.  This will be a good record to reflect exactly what you went through for when it’s time for you and your brain injury attorney to prove your case.

Client Testimonial

”I was referred to Lakota after being involved in a multiple vehicle car accident. Lakota and Jenny were both great to work with, they both were very caring and offered the best advice for my situation. Before speaking with them I was confused about the whole process and what was supposed to happen, Lakota went over each step of the process with me and made sure all of my questions were answered and I understood before I left. I left their office much more confident than I was when I walked in. They are wonderful to work with and I will not hesitate to call them in the future if needed.” – Caroline Truesdale (Google Review)