Have you endured a head injury in an accident caused by another?
A Durham traumatic brain injury can change your life in an instant. Find out how an experienced attorney can help you seek accountability – and compensation.
Durham Traumatic Brain Injury Lawyer: Fighting for Justice and Compensation for You
After an accident, the full extent of an injury is not always immediately clear, especially with a head injury. If you or a loved one has endured a traumatic brain injury (TBI) because of someone else’s negligence, you may be facing a challenging road ahead.
A Durham traumatic brain injury lawyer can help you understand your legal options and fight for the compensation you may deserve. These cases can be complicated, involving long-term medical needs and significant financial costs.
At the Law Offices of James Scott Farrin, we understand the profound impact a TBI can have on your life and your family. We are dedicated to helping injured people seek justice – and compensation.
Key Takeaways About Durham, North Carolina TBI Lawsuits
- A traumatic brain injury (TBI) is a serious injury that can result from a blow to the head or a penetrating injury, disrupting normal brain function.
- Common causes of TBIs include car accidents, falls, and workplace incidents.
- North Carolina’s laws regarding fault can be strict, making it important to have an attorney evaluate the details of the case.
- Potential compensation in a TBI claim can cover medical expenses, lost wages, and other non-economic damages.
- An experienced attorney can manage communication with insurance companies and build a case aimed at demonstrating the full value of your TBI claim.
Why Choose the Law Offices of James Scott Farrin for Your Durham Traumatic Brain Injury Case?
When you are dealing with the effects of a serious head injury, choosing a law firm to represent you is a critical decision. At the Law Offices of James Scott Farrin, we put our clients first, and our track record demonstrates our commitment. We have recovered over $2 billion total for over 78,000 clients since 1997. And counting.Âą
Our approach is built on a foundation of experience, dedication, and extensive resources.
- A Formidable Team: We have a large team of attorneys, several of whom are North Carolina State Bar Board Certified Specialists in their fields. We also have former insurance industry professionals on our team, giving us insight into how the other side operates.
- A Client-First Philosophy: We listen to you, answer your questions, and keep you updated on the progress of your case. Your peace of mind is one of our top priorities.
- No Fee Unless We Win: We operate on a contingency fee basis, which means you pay no fee unless we recover for you.² This reduces the financial risk for our clients.
We know how to build compelling cases and fight for our clients’ rights. And we will take your case only if we believe we can get you a better result than you would get on your own.
Understanding Traumatic Brain Injuries
A traumatic brain injury, or TBI, occurs when an external force injures the brain. According to the Centers for Disease Control and Prevention (CDC), TBIs are a major cause of death and disability in the United States. They can range from mild concussions, which may have temporary effects, to severe injuries that result in long-term complications or death.
The brain is a soft organ protected by the hard skull. When the head is hit with force, the brain can move violently, striking the inside of the skull. This can cause bruising, bleeding, and tearing of nerve fibers.
Common symptoms of a TBI can be physical, cognitive, or emotional.
- Physical Symptoms: Headaches, dizziness, nausea, fatigue, sensitivity to light or sound, and problems with balance
- Cognitive Symptoms: Difficulty with memory or concentration, confusion, slowed thinking, and trouble speaking
- Emotional Symptoms: Irritability, mood swings, anxiety, and depression
These symptoms might not appear immediately after the incident. Sometimes, they develop over days or weeks, which is why seeking a medical evaluation is so important after any accident involving a blow to the head. A Durham TBI attorney can provide guidance to you on the critical steps to take after you have suffered a severe brain injury caused by another’s negligence.
Common Causes of TBIs in the Durham Area
Traumatic brain injuries can happen in many different types of accidents. In a bustling area like Durham, with major highways like I-85 and the Durham Freeway (NC-147) and busy local streets around Duke University and Research Triangle Park, serious accidents unfortunately occur.
A Durham traumatic brain injury lawyer regularly handles cases resulting from:
- Car Accidents: A sudden stop or collision can cause a person’s head to strike the steering wheel, dashboard, or window, leading to a TBI.
- Truck Accidents: The immense size and weight of commercial trucks mean that collisions often result in catastrophic injuries, including severe TBIs.
- Motorcycle Accidents: Even with a helmet, motorcyclists are highly vulnerable to head injuries in a crash.
- Pedestrian and Bicycle Accidents: People on foot or on a bike have little protection and can easily sustain a TBI if struck by a vehicle.
- Falls: Slips, trips, and falls, whether on a construction site or in a poorly maintained store, are a leading cause of traumatic brain injuries.
No matter the cause, if another party’s carelessness led to the injury, they may be held responsible for the consequences.
Why Establishing Fault Is Critical in a North Carolina TBI Case
North Carolina has very strict laws when it comes to proving fault in a personal injury case. Unlike many other states, if an injured person is found to be even slightly at fault for the accident that caused their injury, they may be barred from recovering any compensation at all. This legal doctrine is known as contributory negligence. Insurance companies know this and often try to use it to their advantage by trying to shift even a small amount of blame onto the injured party.
This is why having a skilled legal advocate is so important. An experienced traumatic brain injury lawyer can investigate the accident to seek evidence of the other party’s negligence. This involves establishing:
- What happened and how the injury occurred
- Who may be legally responsible for the incident
- What harms and losses resulted from the injury
We fight to build a strong case that tries to clearly show the at-fault party’s responsibility and counters any attempts by the insurance company to unfairly assign blame to you. Let us evaluate the complex issues of fault for you.
How a Durham Traumatic Brain Injury Attorney Can Build Your Case
When you hire the Law Offices of James Scott Farrin, we take on the burden of managing your case so you can focus on your health and recovery. Our goal is to fight for maximum compensation as quickly as possible. Here is how we can help:
- We Manage the Details: A TBI case involves complex paperwork, strict deadlines, and specific legal procedures. We handle these details to try to ensure everything is done correctly.
- We Build Your Case: Our team gathers and examines critical evidence. This can include police reports, medical records, and witness statements. If needed, we may work with investigators to reconstruct accident scenes or consult with medical experts to fully understand the long-term impact of your TBI.
- We Handle the Insurance Company: We take over communication with the insurance company about your injury claim. Their goal is often to pay out as little as possible. We counter any lowball tactics and negotiate on your behalf.
- We Fight for Maximum Compensation: We work to identify all possible sources of compensation and calculate the full potential value of your harms and losses.
Our team uses proprietary software and streamlined processes to keep cases moving forward, fighting back against insurance company delays.
Calculating the Full Value of a TBI Claim
A traumatic brain injury can lead to a lifetime of challenges and expenses. A mild concussion might resolve in weeks, but a moderate or severe TBI can require ongoing medical care, rehabilitation, and assistive devices. We try to prove the total impact of the injury, which can include:
- Current and future medical bills
- Physical, occupational, and speech therapy costs
- Lost wages and diminished future earning capacity
- Costs for in-home care or modifications to a home
- Pain and emotional distress
We consult with medical and financial experts when needed to help us project these future costs and build a case that reflects the true value of your claim.
Potential Compensation in a TBI Claim
Every TBI case is different, and the amount of potential compensation depends on many factors, including the severity of the injury and the clarity of fault. In a successful claim, an injured person might be able to recover compensation for a variety of damages.
These damages generally fall into two categories:
- Economic Damages: These are the measurable financial losses associated with the injury. They can include medical bills, lost income from being unable to work, and the cost of any necessary future care.
- Non-Economic Damages: These damages are for harms that do not have a specific price tag. They can include pain and emotional distress, loss of enjoyment of life, and compensation for permanent disability or disfigurement.
An experienced attorney can help you try to identify all the ways the TBI has affected your life and fight for a result that addresses these harms and losses.
FAQs for Durham Traumatic Brain Injury Claims
Here are some answers to common questions our team receives about traumatic brain injury claims.
What is the statute of limitations for a TBI claim in North Carolina?
In Durham, the statute of limitations for most personal injury cases, including those for a TBI, is generally three years from the date of the injury. If a claim is not filed within this time frame, you may lose your right to seek compensation. There can be exceptions, so it is advisable to speak with an attorney as soon as possible.
How is a mild TBI different from a severe one in a legal case?
Legally, the primary difference between a severe and mild TBI lies in the extent of the damages. A severe TBI often results in higher medical costs, a greater loss of income, and a more significant impact on the person’s quality of life. As a result, the potential compensation for a severe TBI is typically much higher. However, even “mild” TBIs can have lasting consequences, and it is important to document all symptoms and their effects.
What if TBI symptoms don't appear right away?
Delayed symptoms are common with brain injuries. It is crucial to seek a medical evaluation immediately after an accident, even if you feel fine. Continue to monitor for any new or worsening symptoms in the days and weeks that follow. Documenting these delayed symptoms with a medical professional can be very important for connecting the injury to the accident in a legal claim.
Can I still have a case if I was not wearing a helmet in a motorcycle or bicycle accident?
This can complicate a case, but it does not automatically prevent you from recovering compensation. The insurance company for the at-fault party will likely argue that your failure to wear a helmet contributed to your injuries. However, a skilled attorney can fight back against this argument, especially if the other party was clearly negligent in causing the crash itself.
What kind of experts might be needed for a TBI case?
TBI cases often require testimony from various experts to build a compelling claim. These can include neurologists to explain the medical aspects of the injury, life care planners to detail future medical needs and costs, vocational experts to assess the impact on your ability to work, and economists to calculate total financial losses.
How does a contingency fee work for a brain injury case?
A contingency fee arrangement means you do not pay us any fee unless we obtain a financial recovery for you. Guaranteed.² This model reduces financial risk and allows injured people to access quality legal representation regardless of their financial situation.
Contact our Durham Traumatic Brain Injury Lawyers Today
A traumatic brain injury can affect every aspect of your life. While you focus on healing, let the Law Offices of James Scott Farrin focus on fighting for you. Our team has the experience, the knowledge, and the dedication to stand up to the insurance companies and demand accountability for the harms you may have endured.
Don’t let the insurance company alone decide what your future looks like. You have rights, and we are here to help protect them. We provide a free case evaluation to listen to your story and explain your options. There is no obligation, and you pay no fee unless we win for you.²
If you have suffered a TBI caused by the carelessness of another, contact the Durham office of James Scott Farrin today for free help with your case evaluation. Contact us at 1-866-900-7078 or through our online form. Tell them you mean business.





