Raleigh Traumatic Brain Injury Lawyer

Proven Advocates for TBI Victims in Raleigh, NC

A traumatic brain injury (TBI) often goes unrecognized at the accident scene, and that gap gives an insurance company room to dispute the diagnosis or its cause. 

Symptoms such as headaches, dizziness, memory problems, and trouble concentrating can appear days after the accident, while the injury’s effect on work, communication, and daily responsibilities may take months to measure.

Insurers know that a delayed diagnosis invites questions, and they may use it to argue that the injury was minor or that someone else is responsible. Medical records, witness accounts, and workplace evidence can answer those arguments when the claim is built early.

At O’Malley Tunstall, we evaluate both the medical and the legal side of these cases. Attorney Joseph P. Tunstall III has represented injured North Carolinians since 2000 and has secured 100+ plaintiff’s verdicts. 

From our offices in Raleigh, Rocky Mount, and Kinston, we prepare serious injury claims with trial in mind. Contact us to discuss what happened and which claims may apply to your situation.

The Evidence Behind a Traumatic Brain Injury Claim

A brain injury may not produce visible signs of trauma the way a fracture or an open wound does. Some people dismiss their symptoms at first, and others do not recognize changes in their own behavior, memory, or thinking.

A TBI can result from several types of accidents in Raleigh and throughout Wake County, including:

1. Falls from ladders, scaffolds, or elevated work platforms
2. Construction accidents involving falling tools, materials, or equipment
3. Car, motorcycle, and commercial truck collisions
4. Slips and falls at businesses, restaurants, and apartment properties
5. Defective machinery or products that cause impact injuries

Medical attention should not wait because symptoms seem manageable. An emergency room evaluation, or an examination by a physician who treats brain injuries, can identify the condition and create a medical record.

That record becomes important when an insurer questions whether the accident caused the injury. We also look to witness accounts, accident reports, surveillance footage, and workplace safety records to establish what happened.

What Compensation Can Cover After a Brain Injury

A TBI produces costs well beyond the first emergency room visit. Treatment may involve neurological specialists, rehabilitation, medication, occupational therapy, and continuing medical supervision, and a serious injury can limit someone’s ability to earn a living.

The compensation available depends on the type of claim.

Workers’ compensation benefits

When an employee suffers a brain injury in a work-related accident, North Carolina workers’ compensation may cover authorized medical treatment and a portion of lost wages. Temporary total disability benefits are generally two-thirds of the employee’s average weekly wage, subject to the applicable maximum.

For injuries occurring in 2026, the maximum weekly compensation rate is $1,446.

Workers’ compensation does not pay damages for pain and suffering. It also works differently from a negligence lawsuit, because an injured employee generally does not have to prove that the employer caused the accident.

Third-party personal injury damages

A separate lawsuit may be available when someone other than the employer contributed to the accident. Depending on the evidence, compensation may include:

1. Past and future medical expenses
2. Lost income and diminished earning capacity
3. Physical pain and suffering
4. Emotional distress
5. Permanent impairment and disability

The value of a claim depends on the extent of the brain injury, its effect on employment, and the need for future care.

When Another Company or Individual May Be Legally Responsible

A workplace accident does not always mean the employer is the only party involved. A subcontractor may have created an unsafe condition, a manufacturer may have supplied defective machinery, or a property owner may have ignored a known hazard.

We look for every party whose conduct contributed to the accident, because each additional party can change the legal options available.

North Carolina follows a strict contributory negligence rule. If an injured person is found even partially responsible for the accident, that finding can prevent recovery under a negligence claim. The last clear chance doctrine provides a limited exception in certain circumstances.

Insurance companies know how restrictive this rule is, so they may investigate an injured person’s actions to shift responsibility away from their insured. We examine the available evidence and prepare to answer those fault arguments as part of the claim.

Most North Carolina personal injury lawsuits must be filed within three years under N.C. Gen. Stat. § 1-52. When an injury is not apparent right away, the limitations period may begin later, but that depends on the facts. We review the timeline instead of assuming that a delayed diagnosis extends the deadline.

How O’Malley Tunstall Prepares Brain Injury Cases

A brain injury claim needs evidence that connects the accident to the injury, documents the resulting limitations, and identifies the legally responsible parties. Treatment records alone do not accomplish all three.

Our work may include:

1. We investigate the accident scene, equipment, property conditions, and available safety records.
2. We review medical evaluations and work with treating physicians and appropriate specialists.
3. We document how the injury affects employment, daily activities, and future medical needs.
4. We identify potential third-party defendants and applicable insurance coverage.
5. We prepare the evidence and legal arguments needed to take the case to trial.

Attorney Tunstall previously served on the North Carolina Advocates for Justice Board of Governors. He has received Super Lawyers recognition from 2014 through 2027 and holds a 10.0 Superb rating on Avvo.

That background shapes how we evaluate liability, medical proof, and the insurer’s likely defenses before we recommend how to proceed.

Important Deadlines for Raleigh Brain Injury Claims

Two different filing deadlines may apply when a brain injury occurs at work.

6. Workers’ compensation: Under N.C. Gen. Stat. § 97-24, a claim generally must be filed with the North Carolina Industrial Commission within two years of the accident. Written notice to the employer is generally required within 30 days.
7. Third-party injury lawsuit: Most negligence claims must be filed within three years under N.C. Gen. Stat. § 1-52.

A lawsuit seeking more than $25,000 in damages falls within the jurisdiction of North Carolina Superior Court, while smaller claims may be handled in District Court. Venue generally depends on where the injured person or the defendant lives, so a Raleigh accident leads to a Wake County lawsuit only if one of them lives there.

Because these deadlines run on different clocks, we review the dates early, particularly when the injury was not diagnosed right away.

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Frequently Asked Questions

Can I file a claim if my brain injury symptoms appeared days after the accident?

Yes. Delayed symptoms do not automatically prevent a claim, because medical records and other evidence can establish the connection between the accident and your condition. For a workplace injury, written notice to your employer is generally required within 30 days, even while symptoms are still developing.

Can I receive workers’ compensation and sue another company?

Yes. If a third party contributed to your workplace accident, you may pursue a negligence claim while receiving workers’ compensation benefits. The workers’ compensation carrier may assert a reimbursement lien against the third-party recovery.

What if I suffered a brain injury at a trampoline park or daycare?

You may have a premises liability claim if negligent property maintenance, inadequate supervision, or another unsafe condition caused the injury. These claims are subject to North Carolina’s negligence laws and filing deadlines.

What if I cannot remember how the accident happened?

Memory loss does not automatically defeat a brain injury claim. Witness testimony, surveillance recordings, incident reports, and physical evidence can help establish the circumstances.

How long will a traumatic brain injury lawsuit take?

The timeline depends on the medical evidence, the severity of the injury, the number of defendants, and whether the parties reach a settlement. Resolving a case before the long-term effects are understood may leave future losses unaddressed.

What happens if I cannot return to work?

Workers’ compensation may provide disability benefits while you meet the eligibility requirements. Social Security Disability may also be available as a separate source of benefits if your condition prevents you from doing substantial gainful work and is expected to last at least 12 months.

Talk With a Raleigh Traumatic Brain Injury Lawyer

A brain injury claim can involve a workers’ compensation case, a third-party lawsuit, a reimbursement lien, and two filing deadlines at the same time. Understanding how those pieces fit together before an insurer sets its position can shape the decisions that follow.

O’Malley Tunstall represents injured people throughout North Carolina. Contact our office to arrange a free consultation with a Raleigh traumatic brain injury lawyer. We can review your medical records and the accident facts, identify which deadlines apply, and explain what to expect next.