Motor vehicle crashes are consistently a leading cause of serious injuries in our region. According to data from the South Carolina Department of Public Safety (SCDPS), 47,602 people were hurt in car accidents in the state in 2022. Traumatic brain injuries (TBIs) are among the most common serious injuries reported in traffic collisions. It is imperative that victims and families know how to protect their rights and their interests after a bad accident. Here, our Moncks Corner car accident attorney provides a comprehensive guide to traumatic brain injury claims in South Carolina.
Car Accidents are a Leading Cause of Brain Injuries
Car accidents are one of the most common causes of brain injuries. A study cited by the National Institutes of Health (NIH) found a strong relationship between traffic collisions and brain injuries.
The force of impact during a collision can cause the brain to collide with the skull—and it can lead to a wide range of traumatic brain injuries. Researchers noted that “pedestrians and cyclists were at the greatest risk.” However, any person could suffer a serious TBI in a crash.
All Suspected TBIs Require Immediate Medical Attention
All suspected TBIs require immediate medical attention. These are medical emergencies. Injured victims must get the proper diagnosis and treatment. Timely medical care is a must. Even seemingly minor symptoms—such as dizziness, confusion, or a moderate headache—could indicate a more severe underlying injury. A common issue with TBIs is that they tend to arise with a delayed onset.
In other words, a traumatic brain injury may feel worse 24, 48, and even 72 hours after a crash.
Delaying medical care increases the risk of complications. A healthcare professional can assess the severity of the injury and develop a treatment plan.
Note: You also need to see a doctor for legal reasons after suffering a brain injury from a crash. You cannot recover personal injury compensation for a TBI in South Carolina unless you have medical records that support your claim.
Understanding Liability in Traumatic Brain Injury Car Accident Claims
Car accident injury claims fall under state law. If you are involved in a collision in Moncks Corner, Berkeley County, or elsewhere in the region, your TBI motor vehicle crash claim will be governed by South Carolina law. Here are key points to know about car crash liability in South Carolina:
Fault-Based Standard of Liability
The driver (or other party) who caused a crash should be held liable for the resulting damages—including an injured victim’s TBI. South Carolina follows a fault-based standard for car accident claims. To recover compensation, an injured victim must prove that another party’s negligence caused or contributed to the accident. Negligence is the failure to take due care. Some examples include speeding and distracted driving. However, there are many other examples of negligence as well.
Comparative Negligence
Multiple parties may have contributed to the same crash. South Carolina uses a modified comparative negligence standard in personal injury claims. Claims involving TBIs caused by car accidents are no exception to the rule. Under the standard, a victim can recover damages as long as they are not more than 50 percent at fault for the accident. With that being said, their compensation is reduced by their percentage of fault. For example, if a victim is found 20 percent at fault, their total recovery will be reduced by 20 percent. Imagine your brain injury caused $50,000 in damages. If you were 20 percent liable for that crash, you would only be able to recover for $40,000. You would be liable for 20 percent ($10,000) of your own TBI.
Three-Year Statute of Limitations
Car accident injury claims are time-sensitive. In South Carolina, car accident injury cases—including TBI claims—are governed by a three-year statute of limitations. The time frame begins on the date of the accident or injury. What happens if you fail to initiate legal action within this period of time? You will generally lose the right to pursue compensation at all. There are very few exceptions to the statute of limitations. Be proactive: Consult with a Moncks Corner car accident lawyer as soon as possible after suffering a TBI in a collision.
Every serious crash should be carefully and thoroughly investigated by an experienced attorney. A top-tier Moncks Corner auto accident attorney will investigate your crash and gather evidence needed to prove liability for your traumatic brain injury.
Suffered a Traumatic Brain Injury After a Car Accident? You Need Financial Compensation
Did you or a family member suffer a TBI in a motor vehicle collision in South Carolina? You have the right to seek compensation for the full extent of your damages, including any non-economic losses.
Unfortunately, big insurance companies try to pay out as little as possible to settle claims. Even after suffering a serious injury such as a traumatic brain injury, it can be challenging to get access to the full and fair financial compensation that you deserve. Our Moncks Corner personal injury lawyer can help. You may be entitled to recovery financial compensation for:
- Property loss, such as vehicle repairs;
- Emergency medical treatment;
- Hospital bills and other medical expenses;
- Physical therapy;
- Psychological counseling;
- Loss of current and future wages;
- Pain and suffering;
- Reduced quality of life; and
- Long-term disability.
How Our South Carolina Traumatic Brain Injury Lawyer Can Help
Navigating the aftermath of a crash is never easy—especially so if you sustained a traumatic brain injury in the collision. You cannot rely on any insurance company to look out for your rights or your interests after a major crash. At West Law Firm, P.A., we are committed to helping victims and families fight for justice and the absolute maximum financial compensation.
Our history of case results demonstrates what we can do for clients. Our South Carolina car accident attorney will review your TBI injury claim, answer your questions, investigate the crash, handle negotiations with insurers, and develop a strategy to help you get the best possible outcome. Initial consultations are free, completely confidential, and carry zero additional obligations.
Contact Our Moncks Corner, SC Car Crash Lawyer for Immediate Help With Your Case
At West Law Firm, P.A., our Moncks Corner car accident attorney provides justice-focused legal representation to injured victims and their families. If you or your loved one suffered a traumatic brain injury in a motor vehicle collision, we are more than ready to help. Contact us today for a free, no-obligation case review. With an office in Moncks Corners, we handle car crash claims in Berkeley County and throughout all of South Carolina.