South Carolina Brain Injury Attorneys

A TBI is a disruption in the normal function of the brain that is caused by a bump, blow, or jolt to the head or a penetrating head injury. The severity of a TBI can range from a mild concussion to a coma or brain death.

Disruption to normal brain function might cause:

• Loss of or decreased consciousness;
• Loss of memory of events—before or after the event;
• Focal neurological deficits such as muscle weakness, loss of vision, change in speech;
• Alteration in mental state, like disorientation, slow thinking, or difficulty concentrating.

An estimated 13.5 million individuals live with a TBI-related disability in the United States, and nearly 3 million cases occur each year. Children are particularly susceptible to a TBI injury, with over 837,000 cases occurring in children in a recent year. There are approximately 50,000 fatalities from TBI injuries each year in the U.S.

In South Carolina, there are 1,117 deaths, 2,800 hospital discharges, and 11,500 emergency department visits due to TBIs each year.

The leading causes of TBI injuries are motor vehicle crashes, falls, and strikes or blows to the head from or against an object.

Certain groups are at higher risk for different causes:

• Individuals over the age of 75 and children ages 4 and under most commonly suffer a TBI from falls;
• Individuals aged 5 to 14 are more likely to suffer a TBI after being struck by or against an object; and
• Individuals aged 15 to 44 most commonly suffer a TBI from motor vehicle crashes.

In addition to the above risk factors, the percentage of males suffering from a TBI is much higher than women.

If another party acted negligently or intentionally in a way that caused your accident or injury, they could be held responsible for your damages. The only exception is if your injury happened in the workplace in the scope of your duties as an employee, in which case no showing of negligence is required.

The following are common scenarios where a third party is responsible for a victim’s TBI:

• Motor vehicle accidents: If another driver acted negligently, causing a car accident, they could be held responsible for your injuries. Any action outside the normal level of responsibility required of a driver is evidence of negligence, including violation of any traffic laws or regulations including speeding, driving under the influence of alcohol, or failure to comply with a traffic signal.
• Premise liability: Property owners have a duty to visitors to their property. The level of responsibility placed on the property owner depends on whether the visitor is a business or social guest. In most instances, a property owner does not have any obligation to protect a trespasser, but there are some limited obligations to child trespassers. Many slip-and-fall accidents occur on someone else’s property because of a hazardous condition. Depending on the facts of the accident, the property owner may be responsible.
• Medical malpractice: Medical practitioners are held to a level of care of the same level as other practitioners dealing with a similar condition. Unfortunately, medical practitioners make mistakes. If an action by a doctor or other medical professional causes your TBI or worsens your symptoms, they could be held responsible for injuries that occur because of failure to operate under the required standard of care.
• Product liability: If your injury was caused or worsened by a defective or dangerous product, the manufacturer could be held responsible. For example, if you were in a car accident and the airbag failed to deploy, the manufacturer should be held responsible for the injuries caused by that failure.
• Workplace injury: A showing of negligence is not required for an injury that occurs on the job as long as the individual was acting in the scope of their employment at the time of the accident. Workplace injuries are handled through the South Carolina Workers’ Compensation Commission. Workers’ compensation benefits include medical costs and some cash benefits for individuals who are temporarily or permanently disabled. Recovery through workers’ compensation is not possible if you were functioning as an independent contractor. An independent contractor must pursue recovery based on the negligence of the at-fault party.

No matter how your injury occurred, it is important to seek immediate medical attention. If you are able, it is also important to document the scene of the accident and secure witness contact information to preserve evidence of the other party’s negligence. One way to ensure that evidence is gathered and maintained is to secure a police report.

It is tempting to immediately accept a settlement offer to quickly resolve the matter and get money in your pocket. While these are certainly benefits of a settlement offer, be sure to carefully consider any offer before accepting. The defendant and their insurance provider may attempt to resolve the lawsuit for the lowest monetary amount possible. Work with your lawyer to analyze a settlement offer against the strength of your case to make an informed decision about when to accept.

States require plaintiffs to file a lawsuit within a designated deadline to resolve claims in a timely fashion and while evidence is still available. South Carolina law requires that any lawsuit for recovery after a brain injury is filed within three years of the date of the injury. The window of time to file a lawsuit will pass quickly, so be sure to engage an attorney early in the process.

For a workers’ compensation claim, you should immediately notify your employer that you sustained an injury on the job. The injury must be reported within 90 days, but you have two years to file a claim for benefits.

A lawyer can be an important partner in pursuing recovery after suffering a TBI. Your attorney can assist you with:

• Analyzing which parties acted negligently;
• Developing a strategy for securing recovery for your damages;
• Assessing the strength of your case against the defendant and compiling supporting evidence;
• Preparing a comprehensive damages demand;
• Communicating with the defendant and any insurance providers involved in the recovery;
• Consulting on accepting any settlement offer; and
• Preparing all court documents for trial.

Adjusting to life after a TBI and managing the financial and emotional strain is difficult, but working with an experienced lawyer can help take some of this burden off of your shoulders. The lawyers at Hughey Law Firm have a history of securing successful results for brain injury victims in South Carolina. Our team has pursued recovery for clients in numerous practice areas, and we bring the knowledge to each case that comes with the experience of handling hundreds of civil cases.

Hughey Law Firm has received multiple legal industry awards for its representation of our clients. We understand the issues faced by TBI victims, and we realize the facts of each client’s case are unique. We focus on each client as an individual to develop a case strategy to meet their goals. If you or a loved one is the victim of a TBI because of another party’s negligence in South Carolina, call Hughey Law Firm today or contact us through our website for a free consultation.