- Key Takeaways
- What Are the Symptoms of a Traumatic Brain Injury (TBI)?
- What medical tests are used to diagnose a Traumatic Brain Injury?
- What is the timeframe for recovering from a Traumatic Brain Injury?
- How Long Do You Have to File a Traumatic Brain Injury Claim in South Carolina?
- Who Can File the Traumatic Brain Injury Suit in South Carolina?
- Why Choose Patrick, Lewis & Watts for Your Traumatic Brain Injury Attorney
- Frequently Asked Questions
to Help
Traumatic Brain Injury Attorney
- Key Takeaways
- What Are the Symptoms of a Traumatic Brain Injury (TBI)?
- What medical tests are used to diagnose a Traumatic Brain Injury?
- What is the timeframe for recovering from a Traumatic Brain Injury?
- How Long Do You Have to File a Traumatic Brain Injury Claim in South Carolina?
- Who Can File the Traumatic Brain Injury Suit in South Carolina?
- Why Choose Patrick, Lewis & Watts for Your Traumatic Brain Injury Attorney
- Frequently Asked Questions
Key Takeaways
- A traumatic brain injury is a serious injury to the brain tissue that often leads to short-term injury or long-term damage to brain tissues and is usually a result of a motor vehicle accident, fall, or other type of personal injury matter.
- The victim of an accident involving a TBI will need to seek medical care and pursue full medical recovery but also must consider seeking financial compensation for their losses from the at-fault party.
- Victims should seek help from a qualified and experienced South Carolina personal injury lawyer to navigate the legal landscape with confidence after such a serious incident.
- At Patrick, Lewis & Watts, victims will find a trusted, honest, experienced legal team ready to fight for their full and fair compensation.
Suffering from a brain injury can have serious medical and memory consequences, ranging from memory loss or cognitive dysfunction to vision problems/loss or even death. If you or a loved one has suffered a concussion or traumatic brain injury due to the negligence of another, our experienced attorneys can help.
What Are the Symptoms of a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) is a type of catastrophic injury caused by external force, such as a bump or blow to the head. It may also include an object entering into the brain’s tissues by breaking through the skull. Some common causes include:
- Serious Concussions
- Fall accidents
- Assaults or strikes to the head
- Sports injuries
- Car accidents
By contrast, non-traumatic brain injuries are injuries caused by internal factors such as:
- Strokes
- Near-drowning
- Infection or disease
- Lack of oxygen
- Aneurysms
The symptoms of a TBI often include both psychological and physical effects, some of which are evident immediately, while others take time to develop. This may include, according to Mayo Clinic,
- Physical symptoms such as headaches, nausea, vomiting, and loss of balance
- Sensory symptoms, including blurred vision, ringing in the ears, changes to the ability to smell, and sensitivity to light or sound
- Cognitive symptoms such as speech changes, loss of consciousness, and behavioral changes
In more serious situations, a person may lose consciousness, suffer convulsions, have profound confusion, be agitated, or enter into a coma.
What medical tests are used to diagnose a Traumatic Brain Injury?
Diagnosing a TBI requires a multifaceted approach that combines clinical evaluations with advanced imaging techniques and emerging diagnostic tools. Prompt evaluation is crucial for effective treatment and management of potential complications associated with a traumatic brain injury.
- Glasgow Coma Scale (GCS)
- Imaging Tests
- Neuropsychological Assessments
- Blood Tests
- Neurological Exam
What is the timeframe for recovering from a Traumatic Brain Injury?
- Initial Recovery Phase (0-2 Months)
- In the days and weeks following an accident, patients may experience unconsciousness or migraines. As swelling decreases, awareness typically begins to return.
- Rapid Recovery Phase (3-6 Months)
- The first three to six months post-injury are crucial, as the brain is allowing for significant recovery. Many patients experience substantial improvements in mobility, speech, and cognitive functions during this period.
- Long-Term Recovery Phase (6 Months – 2 Years)
- Recovery continues beyond six months, with notable improvements often seen up to two years post-injury. Patients may encounter plateaus in their recovery, where progress seems to stall. However, continued rehabilitation can still yield improvements.
- Beyond Two Years
- Research indicates that recovery can continue for many years after a Traumatic Brain Injury. Some patients may still see functional improvements even a decade post-injury
- By two years, around 50% of individuals with moderate to severe TBI may regain functional independence.
While significant recovery often occurs within the first six months after injury, many people improve slowly – over several years. Each recovery journey is unique, emphasizing the importance of personalized rehabilitation plans and ongoing support.
How Long Do You Have to File a Traumatic Brain Injury Claim in South Carolina?
The statute of limitation on TBIs caused by a personal injury in South Carolina is three years. That means that, according to S.C. Code § 15-3-530(5), you have three years to file a personal injury claim in South Carolina. If it has been longer than this, you may be unable to file a claim in a court of law.
Who Can File the Traumatic Brain Injury Suit in South Carolina?
In many situations, a person with a personal injury caused by the negligence or recklessness of another party can file a claim against that party. For example, if you suffered a closed head injury, healed from it, and had medical bills, lost time at work, and pain and suffering from a car accident someone else caused, you can file a claim against that party for those losses.
However, if in a brain injury case, the victim suffers damage that makes it difficult for them to communicate or make such decisions, other parties, such as a close family member or loved one, may wish to pursue compensation to cover those same losses on behalf of the injured person.
In South Carolina, a protective relationship can be established through the court to provide someone else the authority to protect the victim when they cannot do so themselves. This may be done as a:
- Guardianship: A person assigned by the court to make legal decisions for the survivor of the accident
- Conservatorship: The court appoints a conservator power to settle cases as a guardian but also allows the named person to manage settlement money after that award
If you believe your family member suffered a head injury that left them unable to make legal decisions themselves, seek out the help of a brain injury attorney. Work with our law firm to determine what steps can be taken to protect the victim’s right to compensation.
Why Choose Patrick, Lewis & Watts for Your Traumatic Brain Injury Attorney
When you or your family member suffers a traumatic brain injury, such as from car collisions, falls, or other personal injury matters, due to the mistakes of another person, seek legal guidance from an experienced traumatic brain injury attorney at Patrick, Lewis & Watts.
Patrick, Lewis & Watts is a client-focused, community-minded law firm that provides compassionate, attentive, and honest legal support in some of the most challenging legal matters. With years of experience, our law office has helped many people in Greenville, Pickens, Anderson, and the surrounding Upstate counties get the legal guidance they need regarding a wide range of legal issues.
At Patrick, Lewis & Watts, our priority is helping you go from the emergency room to recovery without having to worry about the legal process. Set up a free consultation to discuss your case with our team. Call us at 864-240-5500 or fill out our contact form now to learn more about your legal options.
Frequently Asked Questions
Some brain injuries result in a person suffering ongoing deterioration or damage to brain function. This may include permanent damage to brain tissue that causes loss of communication, damage to thought processes, changes to behavior, or other losses.
In these situations, your personal injury lawyer will calculate losses suffered based on, in part, ongoing physical, emotional, and mental health needs. That may include support for day-to-day care, inability to work, and ongoing quality of life changes.
Depending on the situation, it may be necessary for attorneys to work with medical experts and personal doctors to determine the current extent of brain injury and brain function impairment, as well as the potential ongoing losses likely to be suffered.
The US Centers for Disease Control and Prevention (CDC) notes that a person with a moderate to severe TBI may need ongoing care, and about 30 percent of victims have symptoms and outcomes that become worse over the following five-year period.
For numerous reasons, establishing an attorney-client relationship tends to be beneficial in complicated injury cases. First, having an accident attorney in place means you can focus on your medical care, therapy, and recovery or that of your loved one.
Working with a brain injury lawyer may also help minimize the risk of insurance companies not providing a fair amount of financial compensation for the losses you sustained. Injury victims may be critically dependent on the recovery of losses in these cases to help fund:
- Future medical needs
- Ongoing medical attention
- Complex medical treatment that may become challenging over time
- Loss of quality of life
- Loss of ability to work
In many TBI cases, a victim may not see improvement and may have permanent losses that contribute to their quality of life, ability to care for themselves, and the future medical treatment they need to survive.
Every case is vastly different. For example if you are involved in a trucking accident and suffer a mild open head injury that results in a concussion, you may recover a settlement for medical care, lost wages, and pain and suffering. Other times, TBI victims may be permanently injured from their accident, and that could mean needing a lifetime’s worth of compensation to cover ongoing needs.
Your personal injury attorney may be able to give you an idea of what specific losses you may be owed, including based on the type of head trauma you have, the impact on your current health and well-being, and the way the accident will impact you for years to come.
In a wrongful death claim, the close family members of that party may need to seek additional compensation for the loss of life and ongoing pain and suffering family members suffered. This could also increase the value of the case.
Many factors impact the length of time it takes for you to receive compensation after a traumatic brain injury accident. The first factor in determining the length of the settlement period is your recovery. In a serious accident, such as a severe automobile accident, a motorcycle accident, or a serious fall in a workers’ compensation claim, it is critical that you continue to work towards recovery. Until you reach the fullest level of recovery likely in your case, based on your doctor’s decisions, you cannot file a comprehensive or clear claim. You must know your losses.
However, in a simple case, you may be able to file a claim and receive compensation for your losses within weeks. Keep in mind that most people will find a settlement takes several months to receive after most motor vehicle accidents.
One of the more complicated components of TBIs is the lack of full recovery. Many people simply do not heal, or they may spend a long period of time in a coma or otherwise unable to communicate. If a person is suffering from a mental disability as a result of a TBI, the period of disability may “toll” or stop the statute of limitations from running for a certain period of time.
However, once the disability ends, the statute of limitations resumes and the injured party then has a certain period of time to file a lawsuit. Be aware, this can change in various situations. If a person does not recover from the disability, it may become necessary for the person’s next of kin or named guardian or conservator to pursue compensation.
How can you differentiate between a concussion and a severe TBI?
- Diagnosis: Both concussions and severe TBIs require medical evaluation. Concussions may be diagnosed through neurological exams assessing cognitive function and balance, while severe TBIs often involve imaging tests like CT or MRI scans to identify structural damage.
- Treatment: Treatment for concussions typically includes rest and gradual return to normal activities under medical supervision. In contrast, severe TBIs may necessitate more intensive interventions such as surgery, rehabilitation therapies, and long-term monitoring for complications
Case Examples
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Written By Rusty Patrick
Rusty is licensed to provide that service in South Carolina courts and in the federal District Court for the District of South Carolina. He is a member of the South Carolina Bar Association, the Greenville County Bar, and the American Bar Association.
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