South Carolina Traumatic Brain Injury Lawyer

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:

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:

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:

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 traumatic brain injury lawyer from our personal injury law firm 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.

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.