Understanding Traumatic Brain Injury Cases in North Carolina
Traumatic Brain Injury (TBI) is one of the most complex and devastating forms of personal injury. Whether it stems from a car crash, a fall, a violent assault, or a workplace incident, the effects can be life-altering. In North Carolina, pursuing justice for a TBI requires a deep understanding of both medical science and state law. These cases are high-stakes—legally, financially, and emotionally. Here’s what you need to know if you or a loved one has suffered a TBI in North Carolina, and how an experienced attorney like Dan Chamberlain can help.
A traumatic brain injury occurs when an external force disrupts the normal function of the brain. TBIs are classified as either:
- Mild (e.g., concussion): Often overlooked, but still capable of long-term impact.
- Moderate to Severe: May involve loss of consciousness, bleeding in the brain, cognitive impairments, memory loss, or permanent disability.
Common causes include:
- Motor vehicle accidents (leading cause of TBI claims).
- Falls from heights or unsafe premises.
- Blunt trauma during assaults or sports.
- Workplace injuries involving heavy machinery or falling objects.
In legal terms, a TBI case often qualifies as personal injury if it was caused by another party’s negligence or intentional wrongdoing.
Under North Carolina personal injury law, a plaintiff must prove the following elements:
- Duty of Care: The defendant owed a legal duty to the injured party (e.g., a driver must operate a vehicle safely).
- Breach: That duty was breached (e.g., reckless driving or failure to maintain property).
- Causation: The breach directly caused the TBI.
- Damages: The injury resulted in physical, emotional, or financial harm.
Like all personal injury claims in the state, TBI lawsuits are subject to the strict contributory negligence rule—if the injured party is even 1% at fault, they may be barred from recovering damages. This is why expert legal representation is essential.
Time is critical. Under N.C. Gen. Stat. § 1-52, personal injury claims in North Carolina must generally be filed within 3 years of the date of injury. For wrongful death cases involving a fatal TBI, the deadline is 2 years from the date of death (N.C. Gen. Stat. § 1-53).
Exceptions are rare. If you miss the deadline, your case may be dismissed outright—no matter how valid it is. An attorney like Dan Chamberlain will make sure all critical deadlines are met.
TBI claims are medically and legally complex. Some of the biggest hurdles include:
- Invisible Injuries: Unlike broken bones or visible wounds, TBIs often don’t show up clearly on CT scans or MRIs.
- Long-Term Effects: Symptoms like memory loss, depression, or personality changes may take weeks or months to appear.
- Expert Testimony: Medical experts, neurologists, and neuropsychologists are often required to explain the impact of the injury to a jury.
- Insurance Pushback: Defendants may argue that symptoms are exaggerated, pre-existing, or caused by other factors.
Why Dan Chamberlain?
Dan Chamberlain has decades of experience litigating complex brain injury cases. As a Board-Certified Trial Attorney and a recognized leader in personal injury law, he understands the medical science, the legal nuances, and the emotional toll these cases take on families.
Dan’s background includes:
- Experience handling multimillion-dollar brain injury verdicts and settlements.
- Proven success with neurological expert witnesses.
- A history of taking cases to trial when insurers refuse fair settlements.
- Compassionate advocacy that prioritizes the needs of TBI survivors and their families.