A blow to the head can change everything in an instant. Brain injuries disrupt lives, alter personalities, and create challenges that extend far beyond the initial accident. When someone else’s negligence causes such harm, victims deserve justice and compensation. Briggs Law Group stands ready to help Charleston residents pursue the recovery they need.
Insurance companies may minimize claims or deny coverage altogether, but a Charleston catastrophic injury lawyer ensures victims receive fair treatment during this difficult time.
The Serious Nature of Brain Injuries
The brain controls every function in the body. When trauma disrupts this delicate organ, the consequences can be devastating. Unlike broken bones that heal predictably, brain injuries create uncertain futures. Some people recover fully within months. Others face permanent disabilities requiring lifelong care.
South Carolina law recognizes the severe impact of these injuries. Courts consider both immediate and long-term effects when determining compensation. Victims may receive damages for medical expenses, lost wages, pain and suffering, and diminished quality of life. The state follows a modified comparative negligence rule under South Carolina Code Section 15-38-15, which allows recovery if the injured party is less than 51 percent at fault. This makes proving the other party’s responsibility critical.
Medical evidence plays a central role in these cases. CT scans, MRIs, and neurological evaluations document the extent of damage. Expert testimony explains how injuries will affect future earning capacity and independence. A brain injury lawyer gathers this evidence systematically to build compelling cases.
Common Causes of Brain Trauma in Charleston
Charleston’s mix of historic charm and modern growth creates various hazards. Traffic accidents on busy roads like Interstate 26 and Highway 17 frequently cause head trauma. Pedestrians and cyclists face particular risks in downtown areas where vehicles and foot traffic converge.
Workplace accidents represent another major source of brain injuries. Construction sites, warehouses, and maritime facilities all present dangers. Falls from heights, falling objects, and equipment malfunctions can cause severe head trauma. Employers must maintain safe working conditions, and failures in this duty can lead to liability.
Slip and fall incidents occur in restaurants, stores, and poorly maintained properties throughout the Charleston area. Property owners have a legal obligation to keep premises reasonably safe for visitors. Wet floors, uneven surfaces, and inadequate lighting create preventable hazards. When these conditions cause brain injuries, property owners may be held accountable.
Medical malpractice during surgery or childbirth can result in oxygen deprivation and brain damage. Sports-related incidents, especially in contact sports, cause concussions that may have lasting effects. Assault and intentional violence also lead to traumatic brain injuries with both criminal and civil implications.
Types of Brain Injuries We Handle
Brain trauma exists on a spectrum from mild to catastrophic. Each category requires different legal approaches and medical documentation. The following types appear frequently in Charleston cases:
- Concussions that cause temporary confusion, headaches, and cognitive difficulties
- Contusions involving bruising of brain tissue that may require surgical intervention
- Diffuse axonal injuries, in which nerve fibers are torn throughout the brain tissue
- Penetrating injuries caused by objects piercing the skull and entering the brain matter
Closed head injuries occur when the brain moves violently within the skull. These injuries may not show external signs but cause internal damage. Open head injuries involve skull fractures and exposed brain tissue. Both types can result in permanent impairment.
Secondary injuries develop after the initial trauma. Swelling, bleeding, and infections can worsen outcomes. Hypoxic and anoxic brain injuries result from oxygen deprivation. These often occur during near-drowning incidents or medical emergencies. Each injury type requires specific medical protocols and presents unique legal challenges.
South Carolina Laws Protecting Brain Injury Victims
South Carolina provides legal protection for people harmed through negligence. The state operates under a fault-based system for personal injury claims. This means the at-fault party bears financial responsibility for damages caused.
The statute of limitations for personal injury cases in South Carolina is three years from the date of injury, as outlined in South Carolina Code Section 15-3-530. This deadline is firm. Missing it typically means losing the right to seek compensation entirely. Some exceptions exist, particularly in cases involving minors or when injuries were not immediately discoverable.
South Carolina caps non-economic damages in medical malpractice cases at $350,000 per defendant, with a maximum total of $1.05 million when multiple defendants are involved. These limits do not apply to economic damages, like medical bills and lost income. Regular negligence cases have no damage caps.
Insurance requirements in South Carolina mandate minimum liability coverage, but these amounts often fall short for serious brain injuries. A Charleston brain injury attorney can identify all available insurance policies and pursue maximum compensation from each source.
What Compensation Covers
Brain injury victims face numerous financial burdens. Medical treatment alone can cost hundreds of thousands of dollars. Emergency care, surgery, rehabilitation, and ongoing therapy all add up quickly. Compensation should cover these expenses:
- Past and future medical bills, including surgeries, medications, and therapy sessions
- Lost wages from time away from work during recovery periods
- Reduced earning capacity when injuries prevent returning to previous employment
- Pain and suffering reflect physical discomfort and emotional distress
Property damage, such as vehicle repairs after car accidents, also qualifies for compensation. Home modifications like wheelchair ramps or specialized equipment become necessary for some victims. Compensation accounts for these practical needs.
South Carolina law allows punitive damages in cases involving reckless or intentional conduct. These damages punish wrongdoers and deter similar behavior. While not available in every case, they can substantially increase recovery amounts.
Serving Charleston Communities
Our services reach residents in zip codes 29401, 29403, 29405, 29406, 29407, 29409, 29412, 29414, 29418, 29420, 29424, 29425, 29455, 29464, 29466, and 29492. Whether your injury occurred downtown near the historic district or in outlying suburban areas, we stand ready to help.
Contact Us Today
Brain injuries require immediate legal attention. Evidence fades, witnesses forget details, and insurance companies move quickly to minimize liability. Early involvement of a Charleston traumatic brain injury lawyer protects your rights and strengthens your case. Briggs Law Group offers free consultations to discuss your situation and explain your options. Call us today to schedule your appointment and take the first step toward recovery.