A traumatic brain injury (TBI) is not a straightforward injury. Unlike a broken arm, the damage is internal, invisible, and capable of changing every aspect of your life. It happens when a sudden and violent force—like the impact of a car crash or a serious fall—damages the brain.
When you’re facing the aftermath—rising medical costs, missed work, and life turned upside down—a Raleigh traumatic brain injury attorney can evaluate liability, protect your rights, and pursue the compensation you need. How will you pay for the care you need? What if you are not able to return to your job? Who is responsible for what happened?
These are the burdens we help carry. At Maginnis Howard, our work is dedicated to helping people in Raleigh find answers and a way forward after a TBI. We handle the legal process so all your energy is focused on what truly matters: your health and your family.
We are here to listen and to help. For a no-cost discussion about your situation, call Maginnis Howard at (919) 526-0450.
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Why Choose Maginnis Howard for Your TBI Case?
A brain injury case is intensely personal, and we treat it that way. Our team gives you direct, personalized attention; you are never just another case file. We work on a contingency fee basis, which means you owe us no attorney’s fees unless we recover money for you.
A Record of Dedication
Our firm has recovered more than $100 million for clients across North Carolina. These case results include substantial outcomes in difficult injury cases, such as a $9.075 million settlement for a family shattered by a drunk-driving crash and a $2.3 million settlement for a wrongful death resulting from a truck collision.
Your Raleigh Legal Team
Our Raleigh office is located at 7706 Six Forks Rd., Suite 101, Raleigh, NC 27615. Conveniently situated in North Raleigh near the Sawmill Road intersection and a short drive from the North Hills area, we are accessible to clients throughout the Triangle. We are equipped to manage every part of your claim, from the initial investigation to courtroom litigation if that’s what it takes.
What Is a Traumatic Brain Injury Claim Actually Worth?
Putting a number on a life-altering injury feels impossible. However, the goal is to secure financial resources that cover every single loss—past, present, and future—caused by the injury.
Economic Damages: The Hard Costs
These are the tangible, calculable expenses that come with a TBI.
- Medical Care: This covers the full spectrum of treatment, from the first ambulance ride and emergency room visit to hospital stays, surgeries, and ongoing therapies like physical and cognitive rehabilitation. It also includes future needs, such as prescription medications, specialist appointments, and potential long-term care.
- Lost Income and Future Earnings: We document past income loss and build expert-backed models of your reduced future earning capacity; these figures are pursued as special damages in a lawsuit.
- Daily Life Modifications: This category includes other out-of-pocket costs that arise from the injury. Think of things like installing ramps or grab bars at home, purchasing assistive devices, or hiring in-home help to manage daily tasks.
Non-Economic Damages: The Human Cost
These damages acknowledge the profound, non-financial ways a TBI changes your life.
- Pain and Suffering: This accounts for the physical pain, discomfort, and emotional distress the injury has caused.
- Loss of Enjoyment of Life: A TBI can rob you of the ability to engage in hobbies, activities, and relationships that once brought you joy.
- Cognitive and Emotional Changes: We pursue compensation for the invisible wounds of a TBI, such as memory loss, personality shifts, anxiety, depression, and other cognitive challenges that frequently accompany the injury.
Punitive Damages: Holding Reckless Parties Accountable
In some situations, an injury is caused by more than just a mistake. If the at-fault party acted with extreme or willful recklessness—for example, in some drunk driving cases—North Carolina law allows for punitive damages. These are not designed to compensate you for a loss but to punish the wrongdoer and send a clear message that such behavior will not be tolerated.
Where Do Head Injuries Happen in Raleigh?
In a recent year, Raleigh’s streets saw 15,905 traffic accidents. Those crashes led to 6,247 injuries and 62 deaths. That breaks down to more than 43 crashes and 17 injuries every single day. A significant number of these incidents, such as car accidents, carry the force necessary to cause a traumatic brain injury.
While a crash could occur on any road, some areas in Raleigh are well-known hotspots. Data from the North Carolina Department of Transportation consistently flags major interchanges as high-risk zones. We frequently see serious accidents at:
- I-440 at Capital Boulevard
- I-440 at Wake Forest Road
- I-40 at South Saunders Street
- New Bern Avenue
- Glenwood Avenue
Driver behavior is a primary cause of these collisions. Local authorities point to speeding, red-light running, and impaired driving as persistent problems. In a recent year, distracted driving was officially cited in over 17% of North Carolina crashes, though the true figure is likely much higher since it relies on self-reporting.
The Language of a Brain Injury Claim
The legal world has its own vocabulary. Here are simple explanations of terms you will likely encounter.
- Negligence: This is a legal concept that simply means someone failed to use reasonable care, and their failure caused your injury. A driver texting instead of watching the road is a classic example of negligence.
- Statute of Limitations: This is a deadline. In North Carolina, you generally have three years from the date of the injury to file a personal injury lawsuit. For a wrongful death claim, the time limit is shorter: two years from the date of death. If you miss this deadline, you lose your right to pursue compensation forever.
- Contributory Negligence: North Carolina is one of only a few states with this harsh rule. It means that if you are found to be even 1% at fault for the accident that injured you, you could be completely barred from recovering any money. Insurance companies often rely on contributory negligence in injury claims as a primary defense, which makes experienced legal guidance essential.
The Brain Injuries We See Most Often
The type of injury often dictates the path of recovery.
- Concussion: Often called “mild,” a concussion is anything but. It’s a serious injury that is able to cause lasting chemical changes in the brain and disrupt your life for weeks or months.
- Coup-Contrecoup Injury: This is a double impact. The brain slams into one side of the skull, then violently rebounds and hits the opposite side, causing damage in two distinct areas.
- Diffuse Axonal Injury (DAI): This severe brain injury occurs when rapid deceleration or rotational forces shear the brain’s long axonal fibers—mechanics common in high-speed collisions. Because these forces disrupt neural pathways, DAI is effectively nerve damage, with widespread, often life-altering consequences.
How Insurance Companies View Your TBI Claim
Insurance companies are for-profit businesses, and their primary incentive is to protect their profits by paying out as little as possible on claims. This puts their objective in direct conflict with yours.
- The Recorded Statement: An adjuster will call soon after the accident. They will ask for a recorded statement. Be very careful—anything you say can and will be taken out of context to suggest you were partially at fault, which could weaken your claim under the contributory negligence rule.
- The Lowball Offer: They may offer a quick, small settlement before you even know the full extent of your injuries. This offer might seem tempting when bills are mounting, but it’s a fraction of your claim’s true value. Accepting it means you can’t ask for more, even if your condition worsens.
- Questioning the Invisible Injury: Because many TBI symptoms—headaches, memory fog, mood swings—are not visible on an X-ray, the adjuster may try to argue that your injury isn’t as serious as you and your doctors report. They are trained to downplay what they cannot see.
First Steps to Protect Yourself After a Head Injury
If you are able, these steps create a strong foundation for a potential claim.
- Seek Immediate Medical Attention: This is the single most important step. Some brain injury symptoms take hours or even days to appear. A medical evaluation creates an official record linking the accident to your injuries, which is a cornerstone of any claim. Tell the doctor about every symptom, no matter how minor it seems.
- Follow Your Doctor’s Treatment Plan: Go to every follow-up appointment. Attend every therapy session. Take all prescribed medications. Following medical advice shows you are taking your recovery seriously and creates a clear, documented history of your injuries.
- Keep a Simple Journal: A TBI’s effects can shift daily. Write down your pain levels, headaches, memory lapses, mood swings, and any ways the injury affects your daily life. This journal could become a powerful tool for demonstrating the day-to-day reality of your injury.
- Track Every Expense: Keep a file for every bill and receipt related to your injury. This includes not just medical bills and prescription co-pays, but also mileage for trips to the doctor or the cost of a heating pad.
- Avoid Social Media: Insurance companies will look for any reason to downplay your claim. Refrain from posting photos, videos, or updates about your accident or your recovery until your case is resolved. A single picture could be misinterpreted and used against you.
- Do Not Give a Recorded Statement: You are not required to give a recorded statement to the other party’s insurance adjuster. It is their job to find reasons to pay less. Let your attorney handle all communications with the insurer.
Frequently Asked Questions (FAQ)
What if my TBI symptoms didn't show up for days or weeks?
This is very common with brain injuries. In some cases, North Carolina’s “discovery rule” could extend the filing deadline if your injury was not reasonably apparent right away. However, this is a nuanced legal issue. It is best to consult a lawyer to understand how the specific timeline applies to your situation.
Can I have a case if I was partially at fault?
This is a major hurdle in North Carolina due to the strict contributory negligence law. However, an important exception exists called the “last clear chance” doctrine. If there is proof that the other party had the final opportunity to avoid the accident but failed to act, you may still be able to recover damages. This is a difficult argument to win and requires a deep, factual investigation.
My loved one has a severe TBI and can't manage their own affairs. How can I help?
When a person is incapacitated by an injury, a court may need to appoint a guardian to make legal and financial decisions for them. This process involves filing a petition with the Clerk of Superior Court to have the person declared incompetent and a guardian appointed. We guide your family through this process so that a claim can be pursued to provide for your loved one’s lifelong care.
Rebuilding Your Future with Maginnis Howard
Our role is to manage the legal burdens, counter the insurance company strategies, and build a powerful case that accounts for every part of your future.
Let us provide the support and guidance you need during this difficult time. Contact Maginnis Howard today for a free, confidential consultation about your case at (919) 526-0450.
Maginnis Howard Personal Injury Lawyer – Raleigh Office
Address: 7706 Six Forks Rd Suite 101,
Raleigh, NC 27615, United States
Phone: (919) 526-0450