The most recent data from the South Carolina Department of Health & Environmental Control (SCDHEC) reports that the yearly impact of traumatic brain injuries (TBIs) in South Carolina includes 11,500 hospital emergency department visits and more than 1,100 deaths. The leading cause of non-fatal TBIs is accidental falls, while car accidents are responsible for the most TBI-related deaths. Whether someone unintentionally fell, was in a car accident, or sustained a TBI in another way, a traumatic brain injury is often a life-altering event that might result in dire, permanent economic and social consequences for the injured.
If you or someone that you love has sustained a traumatic brain injury, you may be eligible for compensation. Contact the experienced Mt. Pleasant traumatic brain injury lawyers at Hughey Law Firm at (843) 881-8644 to discuss the merits of your case.
Hughey Law Firm’s Results in Brain Injury Cases
Hughey Law Firm has years of experience is seeking the best outcomes for their clients with settlements and verdicts ranging from $200,000 to more than $5,000,000, including cases involving traumatic brain injuries. These are examples of past results and do not guarantee success in your situation; each case has different circumstances that contribute to its outcome, and must be evaluated on its individual merits.
What are traumatic brain injuries?
A traumatic brain injury (TBI) commonly results from sudden impact to the head. This may occur when one’s head collides with another object like the ground or a windshield in a car. A TBI may also occur when something pierces brain tissue. In rare cases, a violent head trauma might cause a TBI without any contact, such as in shaken baby syndrome. Regardless of the trauma that leads to a TBI, the outcome may include a wide array of short-term issues and long-term disabilities. Symptoms of a moderate to severe TBI include:
- Persistent headaches;
- Persistent nausea or vomiting;
- Convulsions;
- Seizures;
- Speech impediments; and
- Numbness of the limbs.
Long-term issues and disabilities that result from a TBI include but are not limited to:
- Difficulty with cognitive functions such as thinking, memory, and reasoning;
- Difficulty with the five senses;
- Difficulty with speech;
- Anxiety and depression;
- Changes in personality, including aggression; and
- Coma or persistent vegetative state (PVS).
Who or what can cause a TBI?
A wide variety of scenarios may result in someone or something having legal liability for causing a traumatic brain injury. Below are some examples:
- Reckless drivers or those driving under the influence;
- Property owners who don’t tend to hazardous conditions;
- Those who commit assault;
- Manufacturers of defective products; and
- Those who care for small children or elders.
In South Carolina, someone who sustains an injury because of the negligent or wrongful act of another generally has the right to seek damages through legal action. There are four key elements to proving fault in a traumatic brain injury case in South Carolina:
- A duty of care – The injured person must establish that the defendant had a duty not to act in a way that could cause another harm.
- Negligent or wrongful action – The injured party must establish that the defendant breached that duty of care through negligent or wrongful conduct.
- Causation – The injured party must prove a causal connection between the other person’s actions and their own injury.
- Damages – The injured party must prove that they suffered damages as a result of their injury.
What damages might a traumatic brain injury cause?
Those who sustain a traumatic brain injury often face devastating economic and non-economic loss. By enlisting the help of a qualified attorney to pursue a personal injury claim, victims of a TBI may be able to recover damages for their injury. South Carolina law allows for the recovery of personal injury damages including:
- Current and future medical expenses including ambulance services, hospitalization, surgeries, radiology;
- Lost wages and benefits for those who missed work as a result of injury;
- Lost future wages and benefits for those who might not be able to return to work;
- Rehabilitation services and assistive devices like wheelchairs, walkers, etc.;
- Long-term care when a severe brain injury results in a life-long disability;
- Modifications to the home such as ramps and railings;
- Pain and suffering due to a decreased quality of life.
How do liable parties fight TBI claims?
When you seek compensation from someone because of your traumatic brain injury, you can be certain those who are liable will do everything in their power to avoid paying their fair share. Insurance companies, for instance, will often deny claims and downplay your injuries to reduce the amount of their liability.
South Carolina is a modified comparative negligence state, which means the court or a jury assigns a percentage blame to each party in a lawsuit. If a court or jury decides the injured party is more than 50 percent at fault for their injury, they are prohibited from recovering damages from anyone else. As a result of this system, the defense has the incentive to shift blame to the injured party and may use a variety of tactics, such as:
- Claiming that you violated traffic laws or were driving recklessly in a car accident;
- Claiming that you fell in an area where the hazard that caused your fall was clearly marked;
- Claiming that you used a product improperly.
Call the Hughey Law Firm Today for Help
The Hughey Law Firm offers a free consultation for you to discuss the facts of your or your loved one’s traumatic brain injury with an attorney who is experienced in the field. When our team agrees to represent a client in this area of law, we handle the matter on a contingent fee basis, in which we only recover our fees out of any settlement or verdict that our client receives.
If you or a loved one has sustained a traumatic brain injury due to someone else’s negligence or wrongful actions, you may be entitled to significant compensation. Contact the experienced traumatic brain injury lawyers at Hughey Law Firm in Mt. Pleasant online or at (843) 881-8644 for a free consultation.