Compensation for Traumatic Brain Injuries

When there is a forceful blow to the head, penetration of the skull, or extreme forces of motion acting on the head, traumatic brain injuries (TBI) are likely to occur. These injuries can cause severe and painful symptoms, complications, and permanent changes in the brain.

Patients with a traumatic brain injury might experience a full and quick recovery, or they may need several months or years to recover. Some may never fully recover at all. Traumatic brain injuries can lead to headaches, seizures, personality changes, learning difficulties, and even a vegetative state. If you or someone close to you sustained a TBI because of another individual’s negligent actions, it is in your best interest to hire a South Carolina personal injury lawyer. Legal representation is imperative if a complete recovery will take a long time or will never happen.

What Can Cause Traumatic Brain Injuries?

Traumatic brain injuries can occur when the brain is moved within the skull by outside forces or receives a penetrating injury. Some examples of events that cause brain injuries can include:

  • A sudden impact such as slipping and hitting your head on a hard surface
  • Penetration from bullets, knives, or other objects
  • Rapid forces causing head and neck movement such as when a vehicle suddenly comes to a stop or hits a large object

Personal Injury Accidents That Can Cause Traumatic Brain Injuries 

Sometimes traumatic brain injuries occur because of the negligence of another individual or entity. If someone else is liable for the injury, the injured individual can file a personal injury claim with the assistance of an experienced South Carolina personal injury attorney.

Types of personal injury accidents associated with brain injuries include:


Falls are the most common causative factor of traumatic brain injuries. For example, a shopper can slip on a wet surface in the store and fall. An employee can fall from a roof while working. A renter could slip and fall in an apartment with broken stairs leading up to it. When a person falls, their head is at risk of hitting a hard surface.

Automobile accidents

Automobile accidents are another common cause of traumatic brain injuries. Motorcyclists, bicyclists, and pedestrians are often without protective headgear that could protect their brains. Even with seatbelts, airbags, and other safety features, drivers and passengers in a car can hit their head on something or have the force of the accident itself cause a brain injury.

Intentional Violence

Sadly, violence also causes many traumatic brain injuries. Infants can sustain traumatic brain injuries from shaken baby syndrome. The combination of an underdeveloped brain and the force of shaking can quickly lead to brain damage. Traumatic brain injuries can occur with other types of violence, such as domestic violence, child abuse, and gunshots.

Sports Accidents

Sports and recreational activities put people at a higher risk of traumatic brain injuries. Children are especially susceptible to brain injuries in high impact sports such as hockey, skateboarding, baseball, and football.

Defective Products

When consumers purchase or use a product on the market, they anticipate that it will be safe. However, many products like toys, cars, car parts, and machinery can be defective and lead to brain injury.

The Importance of Compensation for Traumatic Brain Injuries

Realizing that a traumatic brain injury is one of the most complicated and costly personal injuries someone can suffer from, many victims and their families reach out to a seasoned South Carolina personal injury lawyer to help them recover their damages. If the injured party will require extensive medical care, therapies, or long-term care, this is especially important. The costs to care for someone with a brain injury can be astronomical.

To receive compensation for your injuries, you or your South Carolina personal injury attorney will need to be able to prove the following are true:

  • Another person or party owed you a duty of care—for instance, to repair walkways, provide safety equipment in the workplace, or yield to oncoming traffic
  • That person or party breached their duty to you
  • Their breach caused your accident and injuries
  • Your severe injuries caused your damages

The Value of Your Traumatic Brain Injury Case

Your medical bills, lost income, and other expenses related to your injuries make up your special or economic damages or losses. Typically, a South Carolina personal injury lawyer will tell their personal injury clients that their pain and suffering and other general damages are worth approximately one to two times the amount of their economic damages.

Other factors that can affect how much your traumatic brain injury claim is worth:

  • The circumstances of your case
  • The severity of your traumatic brain injury
  • If you had a secondary injury
  • The length and complexity of your of hospitalization and medical treatment

Individuals suffering from a traumatic brain injury deserve more compensation due to the potential for long-term disability or permanent disability. Your South Carolina personal injury attorney can help maximize your compensation and ensure you are paid fairly for all of your damages.

Brain Injuries Require the Expertise of a South Carolina Personal Injury Attorney

Schedule your brain injury case consultation today. One of our knowledgeable South Carolina personal injury attorneys will answer your questions and explain your legal options if you or a loved one has sustained a traumatic brain injury in South Carolina. When you hire our team, we will investigate the cause of your brain injury carefully and determine all the parties that could have contributed to your accident and could be held liable for the injury.

We negotiate aggressively on behalf of our clients for a fair settlement. Our South Carolina personal injury lawyers are skilled courtroom lawyers. They are willing and ready to take your traumatic brain injury claim to court if a full settlement cannot be reached. We work hard to ensure that the brain injury survivor receives the compensation needed.

At McCravy Law, our attorneys represent personal injury clients from six different South Carolina locations, including Anderson, Greenwood, Greenville, Laurens, Spartanburg, and Saluda. Call us today at (864) 388-9100 to speak with our intake specialist or chat with us online.

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