The cost of a Traumatic Brain Injury (TBI) goes far beyond the emergency room. Lost careers, strained relationships, and years of rehabilitation are the realities families across Greenville face after a serious brain injury caused by someone else’s negligence. If that describes your situation, you deserve answers about what your claim could be worth.
Our experienced Greenville personal injury lawyers at McCravy, Newlon, & Clardy Law Firm have spent 30 years fighting for South Carolina families in exactly these circumstances. Call 866-MCCRAVY for a free consultation. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
What is a Traumatic Brain Injury?
A Traumatic Brain Injury (TBI) occurs when a sudden blow, jolt, or penetrating injury disrupts normal brain function. Unlike a broken bone, which shows up clearly on an X-ray, brain injuries can be difficult to detect and even harder to predict in terms of long-term effects.
TBIs vary widely in severity. Some people experience short-term confusion and headaches that resolve within weeks. Others face permanent cognitive impairment, personality changes, and an inability to live independently. The brain is the body’s control center, and when it’s damaged, virtually every aspect of a person’s life can be affected.
Common Causes of TBI in Personal Injury Cases
Brain injuries in Greenville and throughout South Carolina frequently result from preventable accidents caused by someone else’s carelessness. The most common causes include:
- Car accidents: The leading cause of TBI-related emergency visits among adults
- Truck and motorcycle accidents: Often resulting in more severe injuries due to the force of impact
- Slip-and-fall accidents: On dangerous or poorly maintained property
- Workplace accidents: Particularly in construction and industrial settings
- Medical malpractice: Including surgical errors and birth injuries
When another party’s negligence caused your brain injury, you have a right to pursue compensation. The type of accident often affects both the severity of injury and the complexity of your claim.
Mild vs. Severe TBI: Why Classification Matters for Your Claim
Insurance companies pay close attention to how a brain injury is classified, and they’ll use a “mild” diagnosis to undervalue your brain injury compensation claim.
Don’t let the word “mild” fool you
A mild TBI (often called a concussion) can still cause debilitating symptoms. Persistent headaches, memory problems, difficulty concentrating, mood changes, and sensitivity to light can last months or even years. The medical community calls this post-concussion syndrome, and it can seriously disrupt your ability to work and enjoy daily life.
Moderate and severe TBI
More serious brain injuries can lead to prolonged loss of consciousness, permanent cognitive deficits, speech difficulties, paralysis, and behavioral changes. These injuries often require lifelong medical care, rehabilitation, and personal assistance. The classification of your TBI directly impacts the compensation you can pursue, which is why thorough medical documentation from the very beginning is critical.
The Hidden Costs of a Brain Injury
Brain injury compensation claims are often worth far more than people initially realize. That’s because TBIs carry costs that extend well beyond the first round of medical bills.
- Ongoing medical treatment: Neurology visits, imaging, medication, and therapy that may continue for years or a lifetime
- Rehabilitation: Physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation
- Long-term care: In-home assistance or residential care
- Lost earning capacity: Reduction or elimination of your ability to work in your previous field or at all
- Home and vehicle modifications: Accessibility changes to accommodate new limitations
- Mental health treatment: Depression, anxiety, and PTSD
These costs can add up quickly. A brain injury compensation claim should account for the full financial picture, not just what you’ve spent so far.
Proving the Full Impact of Your Brain Injury
TBI cases are among the most complex personal injury claims because the full extent of the damage isn’t always visible. Insurance companies know this, and they’ll look for any reason to argue your injury isn’t as serious as you say.
Building a strong case requires more than medical records. It often involves:
- Neuropsychological evaluations: Documenting cognitive and behavioral changes
- Testimony from treating physicians: Including neurologists and rehabilitation doctors
- Life care plans: Outlining your future medical needs and associated costs
- Vocational assessments: Demonstrating how the injury affects your ability to earn a living
- Input from family members: Speaking to changes in personality and daily function
This is where having an experienced catastrophic brain injury attorney matters. At McCravy, Newlon, & Clardy, we know how to assemble the right team of medical professionals to document your injury and present the full scope of your damages. With seven offices across South Carolina, including our Greenville office at 2 Butternut Drive, we’re positioned to help families throughout the Upstate.
Need help with a brain injury claim? Call 866-MCCRAVY for a free consultation. We handle everything so you can focus on recovery.
What Compensation Can You Recover for a TBI in South Carolina?
If someone else’s negligence caused your brain injury, you may be entitled to both economic and non-economic damages. These can include:
- Medical expenses (past and future)
- Lost wages and lost earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (for spouses)
South Carolina follows a modified comparative negligence rule, meaning your compensation is reduced by your share of fault, and if your fault reaches 51% or more, you’re barred from recovering anything. Insurance companies frequently try to shift blame onto the injured person as a strategy to shrink or eliminate the claim. An experienced attorney can protect you from these tactics.
Every TBI case is different, and the value of your claim depends on factors such as the severity of your injury, your prognosis, your age, and your earning history. Brain injury claims often involve significant compensation because of the long-term and life-altering nature of these injuries.
How Long Does a TBI Case Take to Resolve?
There’s no one-size-fits-all answer. TBI cases often take longer than other personal injury claims because it can take months or even years to determine the full extent of a brain injury. Settling too early is one of the biggest mistakes you can make, because you may not yet know what future medical care you’ll need.
Under S.C. Code Ann. § 15-3-530, South Carolina generally gives you three years from the date of injury to file a personal injury lawsuit. But don’t let that window create a false sense of security. Building a strong TBI case requires early action; evidence needs to be preserved, medical treatment needs to be documented, and your legal team needs time to develop a comprehensive picture of your damages.
Don’t wait to get legal advice. Call McCravy, Newlon, & Clardy at 866-MCCRAVY today to protect your rights and your future.
Frequently Asked Questions About Brain Injury Compensation
How much is a brain injury case worth?
There’s no single average that applies to every case. TBI compensation depends on the severity of your injury, your medical costs, lost income, and the impact on your quality of life. Severe brain injuries involving permanent impairment typically result in higher compensation than mild concussions. The best way to understand what your case could be worth is to speak with an experienced attorney.
Should I accept the insurance company’s settlement offer?
Not before speaking with an attorney. Insurance companies often make early offers that don’t account for future medical needs and lost earning capacity. Once you accept, you cannot go back for more. Let us review the offer first. It costs you nothing.
Can I afford a brain injury attorney?
Yes. McCravy, Newlon, & Clardy works on a contingency fee basis. That means no fee unless we win. You pay nothing up front, and your consultation is completely free. We only receive payment if we recover compensation for you.
Talk to an Experienced Greenville Brain Injury Attorney Today
If a brain injury has upended your family’s life, now is the time to take the next step. Call 866-MCCRAVY for a free consultation with McCravy, Newlon, & Clardy Law Firm. Our team is ready to listen, answer your questions, and help you understand what your claim could be worth.
We’ve spent three decades advocating for South Carolina families facing life-changing injuries, and we bring the same commitment to every case we take on. With seven offices across the state, including locations in Greenville, Spartanburg, Anderson, Greenwood, Clinton, Saluda, and West Columbia, we’re accessible wherever you are.
You pay nothing unless we win your case. Don’t let the filing deadline pass without getting the guidance you need.
*Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.*