Types of Traumatic Brain Injuries
TBIs vary greatly in their severity and impact on normal brain function, depending on the type and force of the injury.
Some common types of TBIs include:
- Mild TBIs often occur without visible signs of injury but can disrupt the brain’s normal function. Individuals with a mild TBI might experience brief losses of consciousness, confusion, or disorientation.
- Moderate TBIs can result from a non-penetrating blow to the head or a violent shake. Victims can remain unconscious for hours and suffer from physical, cognitive, or behavioral impairments.
- Severe TBIs result from severe head injuries that cause prolonged unconsciousness or severely altered consciousness. A severe traumatic brain injury can stem from crushing blows or skull penetration.
- Hypoxic brain injuries occur when the brain receives insufficient oxygen. This partial oxygen deprivation can affect brain functions, leading to cognitive and physical impairments.
- Anoxic brain injuries happen when the brain receives no oxygen at all, causing cells to die. The outcomes can range from mild to severe, impacting cognitive abilities and physical coordination.
- Diffuse axonal injuries involve the tearing of the brain’s long connecting nerve fibers (axons) due to severe shaking or rotational forces. This type of injury can disrupt messages sent between the brain and the body, significantly affecting bodily and cognitive functions.
- Coup-contrecoup injuries result from severe brain trauma that occurs when the brain strikes the inside of the skull forcefully at the point of impact (coup) and then hits the opposite side (contrecoup), causing contusions (bruises) at both sites. These injuries often occur during car accidents or falls.
- Cranial nerve damage involves injury to any of the brain’s twelve cranial nerves. Such damage can affect mobility, hearing, vision, and senses of smell and taste.
- Penetrating injuries occur when an object breaks through the skull and enters the brain. This type of injury can cause significant damage, leading to a wide range of functional impairments.
If you have suffered any brain injury, seek immediate medical attention so that your brain injury can be promptly diagnosed and treated.
Traumatic Brain Injury Symptoms
TBI symptoms can vary significantly and might not appear immediately after the injury. Seeking medical attention promptly after a head injury is essential for all age groups, especially for children who might have difficulty communicating their symptoms. Your doctor might issue a TBI diagnosis if any of the following symptoms appear:
Mild Traumatic Brain Injury Symptoms
The following symptoms may indicate that you have suffered a mild TBI:
- Brief loss of consciousness
- Headaches
- Confusion or feeling dazed
- Dizziness or loss of balance
- Nausea or vomiting
- Fatigue or drowsiness
- Problems with speech
- Difficulty concentrating or remembering
- Sensory symptoms, such as sensitivity to light or sound
- Mood changes or mood swings
- Sleep disturbances
Moderate or Severe TBI Symptoms
Moderate to severe TBIs can have the same symptoms as mild TBIs. However, they may also present with the following symptoms:
- Longer loss of consciousness
- Persistent headaches or headaches that worsen
- Repeated vomiting or nausea
- Convulsions or seizures
- Inability to awaken from sleep
- Pupil dilation in one or both eyes
- Slurred speech
- Weakness or numbness in the extremities
- Loss of coordination
- Behavioral symptoms like confusion, restlessness, or agitation
- Severe disorientation
TBI Symptoms in Children
Children may have difficulty communicating the physical symptoms they are having. Look for the following signs that may indicate your child has suffered a TBI after an accident:
- Persistent crying
- Changes in eating or nursing habits
- Unusual or increased irritability
- Changes in sleep patterns
- Restlessness
- Lethargy
- Loss of interest in favorite toys or activities
- Seizures
- Drowsiness or inability to wake up
- Unsteady walking or difficulty balancing
- Vomiting
- Unfocused gaze or inability to focus
What to Do After a Suspected Traumatic Brain Injury in South Carolina
The steps you take in the hours and days after a head injury directly affect both your medical outcome and your legal rights:
- Seek emergency medical evaluation immediately – even if you feel relatively normal right after the incident. Many serious TBI complications, including subdural hematomas, develop hours or days later. A medical evaluation at the emergency department establishes the record that connects your injury to the accident.
- Follow up with a neurologist or specialist – Emergency department evaluation is a starting point, not a complete TBI assessment. A neurologist or neuropsychologist can conduct the specialized testing needed to identify damage that standard emergency imaging misses.
- Document your symptoms in a daily journal – Record all cognitive, physical, emotional, and behavioral changes as they appear. Note how your condition affects your ability to work, drive, read, sleep, and maintain relationships. This real-world documentation is powerful evidence in a TBI claim.
- Do not give a recorded statement to any insurance company – After a head injury, the at-fault party’s insurer may contact you quickly. Do not speak with any insurer before consulting a South Carolina traumatic brain injury lawyer. Your statements can be used to minimize your claim.
- Contact Stewart Law Offices as soon as possible – Evidence disappears, medical records must be preserved, and the statute of limitations clock runs from the date of injury. The sooner your attorney begins working on your case, the stronger it will be.
Proving Negligence in a South Carolina TBI Claim
To recover compensation for a traumatic brain injury in South Carolina, you must establish that another party’s negligence caused the incident that produced your injury. This requires proving four legal elements:
- Duty of Care – The defendant owed you a legal duty to act with reasonable care in the circumstances. Drivers owe a duty of safe operation; property owners owe a duty to maintain safe premises; employers owe a duty to maintain safe working conditions.
- Breach of Duty –The defendant failed to meet that standard, by driving while distracted, failing to maintain safe property conditions, violating safety regulations, or engaging in any other conduct that fell below the required standard of care.
- Causation – The defendant’s breach of duty directly caused the incident that produced your TBI. Causation in TBI cases is frequently contested by insurance companies, particularly when symptoms developed gradually or when the claimant has a prior head injury history.
- Damages – You suffered actual, measurable losses as a result of the TBI — including medical expenses, lost income, cognitive and functional impairment, and pain and suffering.
Proving causation in a TBI case typically requires expert medical testimony from neurologists, neuropsychologists, and, in some cases, neuroradiologists who can explain how the incident produced the specific brain injury being claimed. At Stewart Law Offices, we build the expert foundation your case requires from the very beginning of our investigation.
South Carolina’s Modified Comparative Negligence Rule in Traumatic Brain Injury Cases
South Carolina follows the doctrine of modified comparative negligence. Under this rule, you can still recover compensation even if you were partially at fault for the accident, as long as you are not more than 50% at fault.
- If you are found to be 50% or less at fault, your compensation will be reduced by your percentage of fault.
- If you are found to be 51% or more at fault, you are completely barred from recovering any compensation.
This rule has important implications in traumatic brain injury cases. Insurance companies and defense attorneys will carefully investigate whether the injured person contributed in any way to the accident, for example, by claiming distraction, speeding, failure to wear a seatbelt, or not following safety protocols at a worksite. Because even a significant percentage of fault (up to 50%) can substantially reduce the value of your case, building a strong liability argument that clearly establishes the other party’s primary or sole responsibility is critical in TBI claims.
Damages Recoverable in TBI Cases
TBIs can have a profound impact on your life, including significant financial and emotional burdens. Depending on the situation, you could recover money for the following in your TBI case:
- Medical Expenses – Medical expenses can quickly add up after a TBI. These costs include emergency room visits, hospital stays, surgery, medication, and rehabilitation or therapy. Many TBI victims also require long-term care, which might involve ongoing physical therapy, speech therapy, and psychological counseling.
- Lost Income – A TBI can mean time away from work, leading to immediate lost wages. If a TBI affects your ability to work as you did before, you might also experience reduced earning capacity.
- Non-Economic Damages – Non-economic damages are just as important as compensation for financial costs. This can include pain and suffering compensation for the physical discomfort and emotional distress you endure, and disability compensation for long-term impairments that affect your ability to lead a normal life. You can also seek compensation for lost quality of life, which covers the loss of enjoyment in activities you once loved.
An experienced brain injury lawyer can review the facts of your case to determine an amount that represents full and fair compensation for your losses.
At Stewart Law Offices, attorney Tyler Bathrick brings more than 16 years of experience as a licensed member of the South Carolina Bar and has the knowledge and skill to accurately assess the full scope of damages in traumatic brain injury cases, ensuring no aspect of your harm goes uncompensated.
Time Limits for South Carolina TBI Claims
Although there is no specific TBI statute of limitations, you generally have three years from the discovery of your brain injury to file a personal injury claim in South Carolina, per the statute of limitations.
The discovery rule provides essential protection for South Carolina traumatic brain injury victims. Your three-year window begins when you knew or reasonably should have known that you suffered a brain injury, not necessarily when the original incident occurred. This rule recognizes that TBI symptoms can develop gradually, and victims may not immediately understand the connection between their symptoms and a previous incident.
Consider a scenario where you experienced a car accident but initially felt fine, and then months later began having memory problems, headaches, or personality changes, and were diagnosed with traumatic brain injury. In this case, your limitations period would start from when you discovered the brain injury connection, not from the accident date.
However, some situations have shorter deadlines. Claims against government entities must be filed within two years under the South Carolina Tort Claims Act. Medical malpractice cases involving brain injury have a three-year discovery period but cannot exceed six years from the date of treatment, regardless of when symptoms appear. These cases also require additional procedural steps that can extend the timeline by several months.
An experienced South Carolina personal injury lawyer at Stewart law Offices can carefully evaluate when your statutory time period began and help ensure all deadlines are met. We can also determine whether any exceptions apply, such as if the brain injury left you legally incapacitated, which can pause the deadline imposed by the statute of limitations under certain circumstances.
Why You Need a South Carolina TBI Attorney Immediately After a Head Injury Accident
You should contact a South Carolina TBI attorney as soon as possible after any accident involving a head injury, ideally before speaking to any insurance company. Here is why early legal involvement matters:
- Evidence disappears rapidly. Surveillance footage is overwritten within days. Vehicle black box data must be preserved quickly. Accident scene conditions change. The sooner your attorney sends evidence preservation demands, the more complete your evidentiary record will be.
- Medical records must be secured. Your attorney needs to obtain complete medical records from all treating providers to document the connection between the accident and your TBI and to project your future care needs accurately.
- Insurance companies move quickly and against your interests. The at-fault party’s insurer may contact you within days of the accident with settlement offers or requests for statements. Having legal representation before these contacts ensures you are protected.
- The statute of limitations is running. Even under the discovery rule, the clock eventually runs out. The sooner your attorney identifies when your three-year window began, the better protected your rights will be.
How Negligence Is Determined in TBI Lawsuits
Establishing negligence in traumatic brain injury cases requires proving that someone else’s negligence or careless actions directly caused your brain injury.
Common examples of negligence that can lead to brain injuries include:
- Drivers who speed, run red lights, or drive while distracted
- Property owners who fail to maintain safe premises or provide adequate security
- Medical professionals who misdiagnose conditions or make surgical errors
- Employers who ignore safety protocols or fail to provide proper protective equipment
One significant advantage in South Carolina’s traumatic brain injury law concerns medical treatment after your initial injury. If you receive negligent medical care that worsens your brain injury, the original responsible party remains liable for all resulting harm, as long as you used reasonable care in selecting your medical providers. This rule protects victims from having their compensation reduced due to subsequent medical errors.
Our South Carolina traumatic brain injury lawyers understand the complex medical evidence needed to prove negligence in TBI cases. We work with qualified medical experts who can explain how the incident caused your brain injury and demonstrate the full extent of your condition. Expert testimony becomes particularly important when dealing with delayed symptoms or when the connection between your injury and the incident may not be immediately apparent.
Founded by Brent Stewart, a licensed member of the South Carolina Bar with more than 30 years of experience, Stewart Law Offices has built a strong reputation serving injury victims in communities across South Carolina. 