At McDougall Law Firm, we understand the life-altering impact a traumatic brain injury (TBI) can have on you and your family members. Whether caused by a car accident, a slip and fall, or another serious incident, these injuries often lead to physical, emotional, and financial challenges that require skilled legal guidance.
If you suffered a brain injury from someone else’s negligence, you need a skilled traumatic brain injury lawyer in your corner. As experienced South Carolina personal injury lawyers, we are committed to helping clients in Charleston, Columbia, Beaufort, and throughout the state seek the justice and compensation they deserve.
You don’t have to navigate this complex journey alone. Contact McDougall Law Firm today for a free case evaluation.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) happens when a blow or strong force disrupts the brain’s normal function. This can result from events like car accidents, falls, sports injuries, or domestic violence. TBIs range from mild concussions with temporary symptoms to severe brain damage.
There are various types of TBIs. Here are a few examples:
- Concussions: This is the most common type of TBI. It can be caused by a direct impact to the head or from the head rapidly jerking back and forth, such as in a car crash.
- Penetrating injury: This is an open head injury where an object penetrates the skull. It can cause serious brain damage.
The signs of a TBI aren’t always immediately obvious—they can develop or worsen over time. You might experience symptoms like headaches, confusion, blurred vision, memory problems, or sudden mood changes. In more serious cases, individuals may struggle with cognitive dysfunction, difficulty concentrating, or even personality changes.
Seeking immediate medical help after head trauma is critical.
Symptoms of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can cause symptoms ranging from confusion and headaches to loss of consciousness. Recognizing the signs early is crucial for seeking appropriate medical attention.
Mild TBI symptoms can include:
- Headaches
- Nausea and Vomiting
- Dizziness or Balance Issues
- Fatigue or Tiredness
- Sensitivity to Light or Noise
- Memory Loss
- Difficulty Concentrating
- Confusion
- Mood swings or irritability
- Changes in sleep patterns
- Brief loss of consciousness
Severe TBI symptoms include:
- Seizures
- Extended Loss of Consciousness
- Clear Fluid or Blood from the Nose or Ears
- Slurred Speech
- Severe Confusion
Recognizing these traumatic brain injury symptoms is the first step toward recovery. If you or a loved one has suffered a head injury, it is essential to seek medical help immediately.
Common Causes of Traumatic Brain Injuries in South Carolina
Traumatic brain injuries (TBIs) can occur in various situations, often leading to severe and lasting effects on victims. Here are some of the common causes of TBIs.
Vehicle Accidents
Car accidents are a leading cause of TBIs in South Carolina. High-impact collisions can result in serious head trauma, leading to concussions or more severe brain injuries. Whether it’s a car, motorcycle, or truck accident, the force of the impact can disrupt the brain’s normal function.
Slip and Fall Accidents
Slip and fall accidents are another frequent cause of traumatic brain injuries. A sudden fall can lead to a serious head injury. These accidents can happen in homes, grocery stores, restaurants, or public areas and are often caused by unsafe conditions.
Sports Injuries
Sports injuries also account for a significant number of TBIs, particularly among young athletes. High-impact sports, such as football and hockey, pose a higher risk for concussions and other brain injuries.
Violence
Victims of domestic violence and assault may suffer a concussion or severe TBI. Gunshot wounds can cause an open head injury.
Workplace Accidents
Workplace accidents can lead to TBIs, especially in industries like construction and manufacturing. Falls, being struck by objects, or accidents involving heavy machinery can all result in serious head injuries. Injured employees can file a South Carolina workers’ compensation claim.
Medical Malpractice
Medical malpractice can also lead to traumatic brain injuries. Situations where medical professionals fail to provide adequate care, such as surgical errors, medication mistakes, or misdiagnoses can have devastating consequences for patients.
Do I Have a Brain Injury Case?
If someone else’s negligence or intentional actions caused your TBI, you may have grounds for a personal injury claim. Negligence means that another person or party failed to act with the level of care that a reasonable person would have in the same situation, leading to your head injury.
In car accidents, negligence could involve another driver speeding, texting, or driving under the influence. In slip and fall accidents, an example of negligence is a property owner failing to address hazardous conditions like a wet floor. Negligence in medical malpractice cases could involve a doctor, nurse, or other healthcare provider failing to provide the expected standard of care, such as administering the wrong medicine.
Contact our law firm for a free consultation.
Types of Compensation in Traumatic Brain Injury Cases
If you or a loved one has suffered a traumatic brain injury, you may be entitled to recover various types of compensation to help you move forward. Every case is unique, but here are some of the most common forms of compensation available in TBI cases:
- Medical Bills: TBIs often come with expensive medical treatments, including emergency care, surgeries, therapy, and long-term rehabilitation. Brain injury victims can seek damages for medical bills and future medical expenses.
- Lost Wages: If your injury has kept you out of work, you can seek compensation for the income you’ve already lost due to your recovery time.
- Lost Earning Capacity: When a TBI affects your ability to work in the future, you can pursue compensation for the income you would have earned if not for the injury.
- TBI-Related Disability: If your injury results in a long-term or permanent disability, monetary compensation can help address the costs of living with and managing the condition.
- Pain and Suffering: Pain and suffering damages address the physical and emotional suffering caused by your injury.
- Loss of Consortium: This covers the impact on your relationships, including the loss of companionship or support for your spouse or family members.
- Punitive Damages: In cases involving gross negligence or intentional harm, the court may award punitive damages to punish the responsible party and discourage similar behavior.
At McDougall Law Firm, we’ll fight tirelessly for the full and fair compensation you deserve.
How a Traumatic Brain Injury Lawyer Can Help
When you’ve suffered a traumatic brain injury, navigating the legal process on top of your recovery can feel overwhelming. That’s where a traumatic brain injury lawyer comes in—they’re your advocate, handling the complexities of your case so you can focus on healing.
Gathering Evidence
A personal injury attorney will identify all negligent parties and gather evidence to support your claim. This might include medical records, accident reports, and testimony from medical experts about the extent of your injury and its long-term effects.
Documenting Damages
Brain injuries often come with a wide range of expenses, from immediate medical bills to ongoing therapy, lost wages, and even diminished earning capacity. An experienced lawyer will help calculate all damages, including non-economic damages like pain and suffering. They’ll also work with you to document how the injury has impacted your daily life, relationships, and ability to work.
Negotiating a Settlement
Settlement negotiations are another area where a personal injury attorney can make a big difference. Most cases don’t go to trial, but negotiating a fair settlement requires skill and knowledge. Insurance companies often try to offer less than accident victims deserve, but your lawyer will fight for maximum compensation.
Representing You in a Lawsuit
If your case does go to trial, your traumatic brain injury lawyer will represent you every step of the way, presenting your case to a judge or jury with professionalism and precision. They’ll handle court filings, deadlines, and complex legal arguments, giving you peace of mind during an already difficult time.
How Long Do I Have to File a Traumatic Brain Injury Lawsuit in South Carolina?
If you’ve suffered a traumatic brain injury in South Carolina and are considering filing a lawsuit, it’s important to act quickly. In most personal injury cases, the statute of limitations is three years from the date of the accident or injury. This means you typically have three years to file your personal injury lawsuit, or you risk losing your right to seek compensation.
While this might seem like plenty of time, gathering evidence and building your case can take longer than you think. Reaching out to an experienced brain injury attorney as soon as possible can help ensure you don’t miss this crucial deadline.
There are exceptions to the three-year rule. In medical malpractice cases, the deadline may be extended if a brain injury wasn’t immediately apparent or it took time to connect the injury to a healthcare provider’s negligence. The deadline to take legal action is shorter for cases against government organizations.
How Much Will a Traumatic Brain Injury Attorney Cost?
At McDougall Law Firm, we handle personal injury cases on a contingency fee basis, which means you don’t pay any upfront costs. Instead of charging by the hour, our fee is a percentage of the compensation we recover for you, so we only get paid if we secure a settlement or verdict in your favor.
Contact Us Today for a Free Consultation
If you suffered a brain injury because of someone else’s actions, you need a skilled traumatic brain injury lawyer in your corner. At McDougall Law Firm, we are committed to helping victims in Beaufort, Charleston, Columbia, Hilton Head, and all of South Carolina seek justice.
Contact our law firm today for a free case evaluation by calling 843-438-4386 or completing our online form.
