South Carolina Brain Injury Lawyer

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Of all the injuries a person can sustain, traumatic brain injuries (TBI) are among the most dangerous. Since the brain controls every bodily and mental function, a brain injury has the potential to affect one's life both negatively and permanently.

Including skull and facial fractures, there are around two million head injuries every year in the United States. One and a half million of them are nonfatal traumatic brain injuries, not requiring hospitalization, while 300,000 brain injuries are severe enough for hospitalization, and 99,000 of those result in long-term disability. Every year, 56,000 people die because of a traumatic brain injury, and TBIs account for 34% of all injury deaths in the United States. Traumatic brain injuries affect men at twice the rate they affect women, and men experience a higher mortality rate. People who are aged 15-24 have a high risk of traumatic brain injuries, as well as people aged over 60.

There are many different types of brain injuries, including open head injury, when it has been penetrated and there is a break in the skull bone; closed head brain injury, which occurs as a result from the slamming back and forth of the brain inside the skull, which tears blood vessels and tissues; deceleration injuries, where an abrupt stop causes the skull to stop as well, but the brain to continue traveling, bruising it and causing brain swelling and nerve cell damage; hypoxia, or lack of oxygen; and infections of the brain which are caused by viruses and bacteria.

If your brain injury was the result of someone else's negligence, whether through a car accident, machinery accident, assault or medical malpractice, or through another means, you deserve to be compensated for all that you have lost.

Under South Carolina law, if you have suffered a personal injury you can be compensated for past, current and future estimated medical expenses; time lost from work, including time spent to meet medical appointments and therapy; the cost of hiring someone to help you; any permanent disability; emotional distress; and any future earning ability due to the injury.

Brain injury is considered a type of personal injury. In order to recover the highest possible amount of compensation, it is recommended that you consult with a personal injury attorney who specializes in brain injuries.

In a recent South Carolina brain injury case, a man was driving when suddenly a car pulled into his lane from the far right after being waved through by another car. The man hit the car full force, resulting in a major hematoma on his left frontal lobe, which later developed into post-traumatic seizure disorder. The man who sustained the traumatic brain injury sued both the person who waved the car through and the driver of the car involved in the accident, and therefore received financial compensation for himself and his family.

Although there is usually a relatively brief statute of limitation with personal injuries, depending on the nature of the injury and the state in which it occurred, with severe brain injury there may be more time in which file the case. Your brain injury attorney will advise you.

In order to succeed in your brain injury claim in the State of South Carolina, you have to prove that the person who caused your injury was negligent and failed to use reasonable care, that you have suffered damages, and the other person's failure caused that injury. If you are found to have been careless and your carelessness was wholly or partially the cause of your injury, you may not be permitted to recover any damages under the comparative negligence law. South Carolina uses modified comparative negligence, which states that if your negligence is less than or equal to that of the other person, you may recover monetary damages.


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