How Our Asheville Brain Injury Lawyer Can Help You
If you or a loved one has suffered a brain injury due to someone else’s negligence or fault, our Asheville brain injury lawyer will negotiate aggressively with insurers to get you a settlement to cover your damages. But if negotiations are not successful and insurers are unwilling to pay a reasonable settlement, attorney Lakota Denton will take your case to court. Lakota is a skilled litigator, and insurance companies know this. Rather than pay the heavy cost of losing at trial, insurers usually prefer to settle. When you work with Lakota Denton, you will have his experience as both a negotiator and a litigator on your side.
Find out why so many clients choose to work with Lakota Denton and why he receives accolades from peers. Lakota was awarded the Top 100 Trial Lawyers by the National Trial Lawyers, the 2014 Top 40 Lawyers under 40, and the Avvo clients’ choice award. Lakota gets results for his clients. Call our team today at 828-333-5996 to get help with your brain injury case.
Work with Our Brain Injury Lawyer to Get the Compensation You Deserve
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.
If you or a loved one has 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.
You can count on honest and hardworking representation when you trust Lakota Denton with your case. We strive to ensure that our 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 your individual brain injury situation, so call us today to get started working for the benefits you deserve. Don’t delay, call 828-333-5996.
Our Asheville 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.
When you work with Lakota Denton, our team would not only have to help prove the extent of your injuries, but collect evidence to show that another party or entity, the defendants in the case, were negligent and therefore liable for the damages you received.
Our brain injury attorney will take several steps to develop a strong case. He 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.
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.
Damage Awards Our Brain Injury Lawyer Can Help You Recover
At Lakota Denton, we 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.
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 also important.
Our TBI Lawyer Explains How a Brain Injury Happens
A traumatic brain injury (TBI) can happen when your brain is struck, shaken, or penetrated.
Your brain sits inside your skull in a fluid that protects it from bouncing around and being damaged. When you run and jump around, your brain is protected by the fluid cushion inside your skull. However, there’s a limit to how much your brain can take. When your brain bounces around too hard inside your skull, it can be damaged. When your head strikes something really hard, you can suffer a closed-head brain injury. Falling on the floor and hitting your head; something falling from a shelf and hitting your head; or hitting your head on the windshield in a car accident are all examples of closed-head injuries where you can strike your head against an object and suffer a brain injury.
You can also suffer a brain injury without even striking your head against anything. This is called a coup-contra-coup injury, where your head is thrown back and forth or side to side so fast that your brain bounces around against the inside of your skull. For example, severe whiplash can cause a coup-contra-coup brain injury, because the force of the head being thrown side to side or forward and back can cause the brain to bounce against the inside of your skull.
When your brain injury is caused by someone else’s negligence, such as a car accident, motorcycle 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.
Your Brain Injury Lawyer in Asheville, NC, Knows Steps To Take When the Injury Is Someone Else’s Fault
Our brain injury lawyer can keep you from making costly mistakes. Make sure you consider the following:
The first thing you should do is contact a brain injury lawyer as soon as possible. A skilled TBI lawyer will guide you through getting the proper medical treatment and ensuring that everything will be paid by the responsible party.
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 a brain injury attorney, they will do this investigation for you.
Report any symptoms to 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.
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.
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.
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 to prove your case.
How Can a Brain Injury Lawyer Help with My Case?
A lawyer who handles TBI cases can help in many ways to make sure you are fairly and reasonably compensated for an injury that is not your fault.
- A brain injury lawyer can investigate your injury thoroughly, looking for the information that insurance companies and juries look at to make decisions about your case. Eyewitnesses, photographs, video surveillance cameras, and police reports are all critical pieces of information that a good lawyer will know how to obtain.
- A brain injury attorney can communicate with the insurance company in a way that not only protects you from saying something that might harm your case, but can increase that value of the case by focusing on the information needed to highlight the seriousness of your case.
- A brain injury lawyer can obtain statements and talk to your doctors and other people in your life that know what you are going through and can articulate that to an insurance company or a jury. The story of what you are dealing with should not come just from you, but from other people who know what you are dealing with.
- A brain injury lawyer can advise you on the value of your case. When an offer is made to settle your case, a good lawyer can tell you if the offer is fair and reasonable or is just a way for an insurance company to buy you off. The lawyer’s experience will help inform you whether to settle the case or proceed to a jury trial.
Call Our Traumatic Brain Injury Attorney in Asheville for Help Today
If you or a family member has suffered a traumatic brain injury in North Carolina, you do not have to fight for compensation alone.
Brain injuries are some of the most difficult cases to handle and prove to a jury. Lakota Denton has successfully taken brain injury cases to trial and obtained verdicts from juries for concussions and post-concussive syndrome.
If you have a brain injury of any kind and want advice, please call to discuss your situation.
Call Lakota Denton today at 828-333-5996 to schedule a free and confidential initial consultation. There are no fees to you unless and until we win your case.