What Is a Traumatic Brain Injury?
Brain Injury Statistics
Common Causes of Brain Injuries in Charleston Accidents
- Vehicle crashes on I-26, I-526, US-17, and Savannah Highway, where high-speed collisions and truck accidents pose the greatest risk of traumatic brain injury (TBI). Motor vehicle crashes are the leading cause of TBI-related deaths among younger adults and children in Charleston, South Carolina.
- Slip-and-fall accidents at Charleston commercial properties, grocery stores, restaurants, and residential buildings, where negligent maintenance causes head contact with hard floor surfaces, are another common cause.
- Premises liability incidents occur at construction sites, workplaces, and public spaces throughout the Charleston metro area. These incidents occur when inadequate safety measures allow foreseeable injury to occur.
- Assaults and intentional acts where a third party’s direct physical conduct causes head trauma support both civil and criminal liability.
- Nursing home and care facility falls where inadequate supervision and failure to follow fall prevention protocols cause residents to sustain head injuries. Hughey Law Firm recovered a $250,000 judgment for a client who suffered a traumatic brain injury from a fall at a Charleston-area assisted living facility.
Who Can Be Held Liable for a Brain Injury?
- Drivers who cause crashes due to negligence, recklessness, or impairment are personally liable..
- Property owners and businesses are liable when unsafe conditions on their premises cause a fall or other incident resulting in brain trauma.
- Employers and contractors are liable when workplace safety failures cause injury, including through workers’ compensation and third-party civil claims, where applicable.
- Nursing homes and care facilities are liable when inadequate supervision, fall prevention failures, or negligent care causes a resident to sustain a head injury.
- Product manufacturers may be liable for defective products when a defective vehicle component, safety equipment failure, or other product defect contributes to an injury.
Damages Available in a Charleston Brain Injury Lawsuit
- Economic damages cover verifiable financial losses, including medical expenses, hospitalization, surgery, rehabilitation, assistive devices, lost wages, reduced earning capacity, custodial care, and replacement domestic services.
- Non-economic damages compensate for pain and suffering, physical impairment, emotional distress, mental anguish, loss of enjoyment of life, and loss of consortium.
- Punitive damages may be available when the defendant’s conduct is reckless, wanton, or willful. Clear and convincing evidence of egregious conduct is required to obtain these damages, which are awarded in a minority of cases.
How Much Is a Charleston Brain Injury Case Worth?
- Injury severity and permanence
- Total medical costs
- Impact on earning capacity
- Pain, suffering, and quality of life
- The defendant’s culpability and available insurance
- The degree of the defendant’s fault and the available insurance
Why Choose a Charleston Brain Injury Lawyer at Hughey Law Firm?
What to Do After a Brain Injury Accident in Charleston
- Step 1: Call 911 immediately.
- Step 2: Seek emergency medical evaluation the same day.
- Step 3: Document the scene.
- Step 4: Preserve evidence and gather records.
- Step 5: Do not give a recorded statement to the insurer.
- Step 6: Contact Hughey Law Firm as soon as possible.
How Long Do You Have to File?
Proven Results in Brain Injury Cases
A client sustained a traumatic brain injury after falling at an assisted living facility in the Charleston area. The firm pursued a premises liability claim against the facility, establishing that the fall and resulting injury were the direct consequence of the facility’s failure to maintain safe conditions for its residents. The case resulted in a $250,000 judgment.
Past results do not guarantee future outcomes. Every case is different and must be evaluated based on its unique facts and circumstances. Hiring a lawyer is an important decision that should not be based solely on advertisements.
Reach Out to a Charleston Brain Injury Attorney Today
If you or a family member has suffered a traumatic brain injury due to someone else’s negligence in Charleston or anywhere else in South Carolina, the Hughey Law Firm is ready to investigate what happened, hire the necessary experts, and pursue the full compensation to which you are entitled.
Call (843) 881-8644 for a free consultation, fill out our contact form, or use live chat to speak with our team now. We represent families throughout Charleston, the Lowcountry, and across South Carolina.
Disclaimer: The information on this page is for informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision that should not be based solely on advertisements. Ask us to send you free written information about our qualifications and experience before you decide. The Hughey Law Firm is located in Charleston, South Carolina.
Frequently Asked Questions
Do brain injury cases usually settle or go to court?
Most personal injury cases, including TBI claims, are resolved through settlement before trial. However, Hughey Law Firm prepares every case for trial from the outset. This preparation yields better settlement outcomes and ensures the firm is prepared to litigate when necessary.
What long-term effects can a brain injury have?
Chronic headaches, memory impairment, mood and personality changes, cognitive slowing, depression, anxiety, and, in severe cases, permanent disability requiring lifetime care. These long-term consequences are a central component of TBI damage claims.
Can I sue if someone else caused my fall or car accident?
Yes. If another party’s negligence caused the accident that produced the brain injury, that party is liable for the resulting harm. The Hughey Law Firm handles traumatic brain injury (TBI) claims arising from vehicle crashes, slip and falls, premises liability, and other negligent acts throughout South Carolina.
What if symptoms appear days after the accident?
This is common with TBIs. Delayed symptom onset does not eliminate your right to pursue a claim, but it makes prompt medical evaluation critical. It is essential to have a doctor document a connection between your symptoms and the accident, particularly when symptoms develop after the initial incident.
Can I receive compensation for a mild traumatic brain injury (TBI) or concussion?
Yes. Even mild TBIs can cause chronic headaches, cognitive impairment, and emotional disturbances that impact daily life and earning potential. While the severity of the injury affects the total value of the claim, mild TBIs are still actionable if they are caused by another party’s negligence.