A brain injury changes everything in an instant. You’re dealing with pain, confusion, and uncertainty about the future, all while insurance companies are already working to minimize what they owe you. At Horton & Mendez Injury and Accident Attorneys, our managing partners are former insurance defense attorneys. We know exactly how insurers evaluate brain injury claims because our managing partners used to do it themselves. Call 910-405-7751 for a free consultation. No fee unless we win.
Why choose Horton & Mendez for your brain injury case
We know their playbook
Our managing partners are former insurance defense lawyers who represented multi-state insurance companies. We’ve seen firsthand how adjusters downplay Traumatic Brain Injury (TBI) symptoms, dispute the severity of head injuries, and attribute cognitive problems to pre-existing conditions. Now we use that insider knowledge to build stronger cases for injured individuals across North Carolina.
A team with 65+ years of combined experience
Seven attorneys working together means depth on every brain injury case. TBI claims demand careful attention to medical records, imaging, and long-term prognosis. Our team handles the investigation, evidence gathering, and insurance negotiations so you can focus on your recovery.
No fee unless we win
Brain injury treatment is expensive, and we understand the financial pressure you’re under. That’s why we work on a contingency fee basis. You don’t pay us a dime unless we recover compensation for you, and your initial consultation is completely free.
Ready to talk about your case? Call 910-405-7751 today.
Common causes of traumatic brain injuries in North Carolina
TBI can result from many types of accidents. Here are some of the most common brain injury cases we handle across North Carolina.
Motor vehicle accidents
Car crashes, truck collisions, and motorcycle accidents are among the leading causes of traumatic brain injury. According to the CDC, there were approximately 2.9 million TBI-related emergency department visits, hospitalizations, and deaths in the U.S. in 2014. The force of a collision can cause the brain to strike the inside of the skull, resulting in bruising, bleeding, or tearing of brain tissue. Even a seemingly minor crash can produce a concussion with lasting effects.
Falls
Slip-and-fall accidents on unsafe property, falls from heights at construction sites, and trip hazards in commercial spaces all cause serious head injuries. Falls are especially dangerous for older adults and children, and property owners can be held liable when their negligence contributed to the hazard.
Workplace injuries
Construction workers, warehouse employees, and manufacturing staff face an elevated risk of TBI from falling objects, equipment malfunctions, and industrial accidents. Depending on the circumstances, you may have a workers’ compensation claim, a third-party liability claim, or both.
Assaults and violent incidents
When a brain injury results from another person’s intentional or reckless conduct, you may be entitled to compensation through a civil claim separate from any criminal proceedings. In the most severe cases involving fatal brain injuries, the NC Office of the Chief Medical Examiner may be involved, and that documentation can support your family’s legal claim.
Don’t wait to find out if you have a case. Call 910-405-7751 now for a free evaluation.
How NC’s contributory negligence rule affects your brain injury claim
North Carolina follows the doctrine of pure contributory negligence, which bars recovery by the plaintiff if they’re just partially at fault (even as little as 1%). Under North Carolina General Statute § 1-139, a party asserting the defense of contributory negligence bears the burden of proof for that defense. But don’t let the legal language fool you. Insurance companies use this rule aggressively.
In brain injury cases, that often looks like arguing you weren’t wearing a seatbelt, that you were distracted, or that you ignored a warning sign. They’ll look for any angle to shift even a fraction of blame onto you, because in North Carolina, that fraction is all they need to deny your entire claim.
This is where our background makes a real difference. As former insurance defense attorneys, we know every play in the contributory negligence playbook. We’ve used those same arguments ourselves. Now we build cases designed to anticipate and dismantle those defenses before they gain traction. We investigate thoroughly, document everything, and prepare your case as if it’s going to trial, even when we expect it to settle.
Our process
Here’s what happens when you reach out to us.
Free consultation. We listen to what happened, review your medical situation, and give you an honest assessment of your case.
Investigation. We gather police reports, medical records, accident scene evidence, and witness statements. For TBI cases, we work with medical professionals to document the full scope of your injury and its long-term effects.
Building your claim. We connect your injury to the at-fault party’s negligence, calculate both current and future damages, and prepare a demand that reflects the true value of your case.
Negotiation or trial. We negotiate aggressively with the insurance company. If they won’t offer fair compensation, we’re prepared to take your case to court.
Throughout the process, you focus on healing. We handle the legal work.
What you can recover in a North Carolina brain injury case
Brain injuries carry consequences that extend far beyond the initial accident. Compensation in a TBI case can include:
Medical expenses. Emergency treatment, surgery, hospital stays, rehabilitation, therapy, medication, and any future medical care related to your injury.
Lost wages and earning capacity. If your injury keeps you from working now or limits what you can earn going forward, you’re entitled to compensation for that financial loss.
Pain and suffering. TBI affects more than your body. Effects of traumatic brain injury can include impaired thinking, memory, movement, vision, hearing, or emotional functioning, such as personality changes or depression. All of this factors into the value of your claim.
Loss of enjoyment of life. When a brain injury limits your ability to do the things you once loved, that loss carries real value in a legal claim.
Wrongful death damages. When a TBI proves fatal, surviving family members may pursue a wrongful death claim. North Carolina law typically requires that personal injury claims be filed within three years, but wrongful death claims have a two-year timeframe from the date of death.
Want to know what your case could be worth? Call 910-405-7751 for a free case review.
Our results for injured North Carolina clients
Since 2023, Horton & Mendez has recovered over $80M for injured clients across North Carolina, with an average top-case settlement exceeding $639K. Our top case results have helped clients aged 5 to 98.
Here are examples of results we’ve obtained for our North Carolina clients:
– We recovered $6.72M for a 46-year-old Wilmington man injured in a motor vehicle accident.
– A 49-year-old Spanish-speaking worker in Wilmington received $2.9M in workers’ compensation benefits following a workplace injury.
– We secured $1.25M for a 30-year-old Wilmington woman injured in an automobile accident.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
Frequently asked questions about brain injury claims in North Carolina
How long do I have to file a brain injury lawsuit in North Carolina?
Under N.C. Gen. Stat. § 1-52(16), you generally have three years to file a personal injury claim. The cause of action shall not accrue until bodily harm becomes apparent or ought reasonably to have become apparent. This discovery rule matters in TBI cases where symptoms emerge gradually. Don’t wait to get legal advice. Call 910-405-7751 to protect your deadline.
What if I were partially at fault for the accident that caused my brain injury?
North Carolina’s statute follows the common-law definition of contributory negligence and bars recovery if the injured party bears any responsibility for their own injuries. Insurance companies will look for any way to shift blame onto you. That’s why having lawyers who understand these defense tactics from the inside is critical to your case.
How much does it cost to hire a brain injury lawyer?
At Horton & Mendez, there’s no upfront cost. We work on a contingency-fee basis, meaning we only receive payment if we recover compensation for you. Your initial consultation is completely free with no obligation.
What’s the difference between a concussion and a traumatic brain injury?
A concussion is actually a form of mild TBI. Brain injuries range from mild concussions to severe trauma, causing permanent cognitive or physical impairment. Depending on the severity of the injury, those who suffer a TBI may face health problems that last a few days or the rest of their lives. Even a “mild” TBI can have lasting effects, so it’s important to receive both medical treatment and legal advice promptly.
Can I file a claim if my brain injury symptoms appeared days or weeks after the accident?
Yes. Delayed symptoms are common with brain injuries. You may feel fine at the scene, then develop headaches, memory problems, or personality changes days later. Documenting your symptoms as they appear and following up with medical professionals significantly strengthens your case.
What is the Brain Injury Association of North Carolina?
The Brain Injury Association of North Carolina is a statewide advocacy organization that provides resources, support groups, and education for individuals affected by brain injuries. While they don’t handle legal claims, their resources can be valuable during your recovery. For the legal side of your situation, contact our team at 910-405-7751.
Talk to a North Carolina brain injury lawyer today
Living with a brain injury is hard enough. Dealing with insurance companies shouldn’t make it worse. At Horton & Mendez, we’ve spent our careers on both sides of the table, and we know how to achieve results for the individuals who need them most.
You have rights and options. Let us show you what they are.
Call 910-405-7751 now for a free consultation. We serve clients across North Carolina with offices in Wilmington, Jacksonville, Gastonia, Apex, Cornelius, Monroe, Asheville, Raleigh, and Charlotte. No fee unless we win.
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