Traumatic Brain Injury Lawyer in South Carolina
Did You or a Loved One Suffer a TBI?
The traumatic brain injury lawyers at Cavanaugh & Thickens, LLC are dedicated to securing people suffering a TBI the justice and compensation they deserve for the best future outcome possible. With decades of combined experience and hundreds of 5-star reviews, you can trust our reputable brain injury attorneys have the experience and resources needed to aggressively represent you and your family. Get started on the road to recovery today by contacting our office at (803) 888-2200.
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury is a sudden injury that damages the brain. There are two forms of traumatic brain injuries: a closed head injury resulting from a blow, bump, or jolt to the head, and penetrating injuries resulting from objects penetrating the skull. Symptoms of a TBI can range from mild to severe depending on the severity of the injury and which part of the brain was impacted.
What Typically Causes Traumatic Brain Injuries?
Common causes of traumatic brain injury include:
- Falls: Falls from a ladder, bed, down the stairs, or in the shower/bath are common causes of TBI in adults and children.
- Vehicle Collisions: Car accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents commonly result in a level of TBI.
- Violence: Gunshot wounds, domestic violence, shaken baby syndrome, and other forms of assault.
- Sports Injuries: Common in youth, TBIs may be caused from injuries sustained while playing a sport such as football, soccer, boxing, baseball, skateboarding, and others.
- Combat Injuries: Active duty military personnel may suffer from a TBI due to explosive blasts, penetrating wounds, and more.
What Are the Symptoms or Signs of a TBI?
Brain injuries can have a wide array of physical and psychological symptoms. While some symptoms may appear immediately, others can take days and even weeks to develop. Mild TBI may only impact your brain cells temporarily; however, serious TBI can result in torn tissues, bleeding, and other damages that can cause long-term complications, coma, and even death.
Physical symptoms of TBI may include headaches, nausea, fatigue, problems with speech, dizziness, seizures, pupil dilation, and more.
Sensory symptoms of TBI may include blurred vision, ringing in the ears, bad taste in the mouth, changes in the ability to smell, slurred speech, sensitivity to light or sound, and more.
Cognitive symptoms of TBI may include loss of consciousness, dazed or confused state, memory problems, difficulty concentrating, mood swings, feeling depressed, difficulty sleeping, and more.
Symptoms of TBI in infants and young children can include a change in eating or nursing habits, unusual irritability, persistent crying, seizures, drowsiness, and more.
How Common Are Traumatic Brain Injuries?
Based on the most recent available data from the CDC, there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related fatalities in 2021. These estimates do not include TBIs treated in the emergency room, primary care, urgent care, or those that went untreated.
In addition, certain groups are at higher risk of traumatic brain injuries. According to data, men are more likely to get a TBI than women. Adults aged 75 years and older had the highest numbers and rates of TBI-related hospitalizations (32%) and deaths (28%).
Understanding If You Have a TBI Lawsuit in South Carolina
South Carolina runs on a fault-based system, meaning that you may qualify to receive compensation after an accident resulting in injury as long as you are found to be no more than 50% at-fault for the accident. The percent you are found to be at-fault for the accident directly impacts the amount of compensation you can recover for your damages. This is one of the many reasons that hiring an experienced traumatic brain injury attorney is vital for your case.
In order to prove fault in a South Carolina accident, our lawyers will gather evidence and optimize your claim to prove negligence, pursuant to state law. To do so, we will prove that all elements are true:
- The at-fault party owed you a duty of care,
- The at-fault party breached that duty of care,
- The breach directly caused the accident and your injuries.
While this process may seem simple, it is very complicated without an experienced lawyer on your side who is well-versed in this area of the law. If you or someone you know has suffered from a TBI, it is in your best interest to consult with an attorney as soon as possible to understand your options under South Carolina law and to protect your rights.
Compensation for Brain Injuries
Dealing with a traumatic brain injury takes a lot of time, money, effort, and patience for everyone involved. Our lawyers fight to ensure you get the compensation you deserve not only for the financial burdens of these injuries, but also the emotional and physical pain as well. We will optimize your claim to seek the entirety of what you deserve for all past, present, and future damages related to the accident and injury. This includes but is not limited to compensation for all medical bills, medical equipment, rehabilitation costs, lost wages, reduced earning capacity, disability, property damage, pain and suffering, loss of enjoyment of life, and much more.
How Long Do I Have to File a Claim?
There is a Statute of Limitations in South Carolina that limits how long you have to file a personal injury claim. Typically, you have three years from the accident to file a claim; however, this timeline can be significantly reduced depending on the parties involved. For these reasons and more, it’s critical that you speak to a qualified lawyer as soon as possible to protect your case and your future.
Should I Hire a Lawyer for a TBI Case?
Traumatic brain injuries are some of the most serious injuries that can result from accidents. Whether your TBI is mild or severe, you should have a reputable attorney on your side to fight for you throughout the legal process. Unfortunately, it is our experience that insurance companies will not make the process easy on you without a legal team on your side. That is why our lawyers take on these cases prepared to conduct a thorough investigation, fully optimize your claim, and go to court for you should the insurance company refuse to come to a fair resolution.
For a free case evaluation directly with an award-winning TBI attorney at Cavanaugh & Thickens, LLC, simply contact our office today by calling (803) 888-2200. We are here and ready to help.
Additional Frequently Asked Questions
What Are the Different Types of Brain Injuries?
There are many different types of brain injuries, such as:
- Primary Brain Injury
- Secondary Brain Injury
- Concussions
- TBI
- Skull Fractures
- Coup Contrecoup Injury
- Contusion
- Anoxia
- Hypoxia
- Diffuse Axonal Injury
- Hemorrhage
- Hematoma
- Bruises
- Chronic Traumatic Encephalopathy (CTE)
- Penetrating Injuries
- Second-Impact Syndrome
- Stroke
- Edema
- Subdural Hematoma
Depending on the cause of the injury, you may have a personal injury case under South Carolina law. To learn more, speak with an experienced brain injury attorney at Cavanaugh & Thickens, LLC today.
What Is the Estimated Value of My Brain Injury Case?
It is estimated that traumatic brain injury treatment can cost patients anywhere from $85,000 to $3,000,000 in their lifetime, according to a study by Northwestern. How much your South Carolina brain injury case may be worth depends on a few essential factors such as who was at-fault for the accident resulting in injury, the severity of the injury, your medical care costs, and much more. To get a better understanding of how much you may be entitled to based on the specifics of your case, please contact our office today.
What If I Lost a Loved One Due to a TBI?
If you lost a loved one to a traumatic brain injury, we are so sorry. Our team is here to help you following an unexpected death by filing a wrongful death claim seeking compensation for emotional trauma, funeral expenses, loss of consortium, medical expenses incurred before the death, and other damages. While we understand that this cannot bring your loved one back, we have found that it helps families get the closure they deserve as well as set them up for a brighter future ahead. To get started, please reach out to our office via phone at (803) 888-2200 or emailing info@ctlawsc.com.