Charleston Brain Injury Attorney
Brain Injury & Brain Damage Lawsuits in South Carolina
Whether they are traumatic brain injuries (TBIs) caused by preventable accidents or brain damage resulting from medical negligence or toxic exposure, injuries to the brain are notorious for their unpredictability and their potential for life-altering consequences.
If you or someone you love suffered a preventable brain injury because of someone else’s negligence, you shouldn’t have to bear the resulting losses on your own. You may have grounds to pursue legal action and compensation for your damages – and our award-winning Charleston brain injury attorneys at CR Legal Team can help you fight for the financial recovery you deserve.
As a nationally recognized trial practice, CR Legal Team has earned a reputation of success fighting for victims across South Carolina and nation in complex claims involving catastrophic injuries. We’ve been trusted by countless families following life-changing injuries and have recovered millions of dollars in compensation for clients – and we’re ready to see how we can help you.
Our brain injury lawyers serve victims across Charleston County and beyond and offer FREE consultations. Call (866) 691-0607 or contact us online to request yours.
Types of Brain Injuries Involved in Personal Injury Cases
A brain injury is any type of damage to the brain. In the context of personal injury, brain injury lawsuits tend to involve a few different types of brain injuries. These include:
- Traumatic Brain Injuries. Traumatic brain injuries, or TBIs, are acquired brain injuries that result from trauma to the brain, rather than hereditary or congenital defects. TBIs are typically caused by blunt force trauma to the head, including the type of trauma that can be sustained in a car accident, fall, or other traumatic accident. However, they can also result from strong and sudden forces without any direct impact to the head. Some examples include explosions or whiplash injuries that cause the brain to rapidly accelerate and decelerate within the skull, causing concussions and damage to the brain.
- Oxygen Deprivation. Brain damage resulting from oxygen deprivation is another type of acquired brain injury. These injuries typically involve the death of brain cells resulting from hypoxia, a term used to describe an insufficient amount of oxygen to the brain, or anoxia, which is used to describe a complete lack of oxygen to the brain. Both hypoxia and anoxia can result in severe brain damage and permanent disabilities, and may occur in events such as drowning, electrocution, cardiac arrest, or stroke. Victims with these types of injuries who pursue legal action may bring claims against parties that were negligent in providing safe conditions (such as insufficient supervision leading to a near-drowning or electric shock) or against negligent medical professionals (such as those who failed to sufficiently monitor babies and infants during childbirth, failed to diagnose conditions such as a stroke, or committed errors in the administration of medications or anesthesia).
- Neurotoxicity. Other types of brain injuries that may be involved in personal injury cases are those involving damage caused by exposure to toxic substances. These may be dangerous chemicals or medications that damage brain cells, heavy metals such as lead (which can be found in water or old paint and pose significant risks to young children), and other products or materials with neurotoxic properties. Victims who sustain these types of brain injuries often bring lawsuits against product manufacturers that are liable for unsafe products, or against property owners, municipalities, or other entities that failed to uphold obligations for ensuring safety.
Common Causes of Brain Injuries
Brain injuries can be caused by a wide range of incidents. In many cases, they are the result of someone else’s negligence.
Some of the most common causes of brain injuries include:
- Car accidents and truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Boat accidents
- Bicycle accidents
- Slip and falls
- Defective products or medications
- Medical malpractice
- Toxic exposure
What Are the Effects of a Brain Injury?
Brain injuries are notorious for their unpredictability. Some people with seemingly minor concussions or head injuries, for example, can suffer profound and long-term consequences. Generally, brain injuries are known to cause issues such as:
- Headaches
- Nausea
- Fatigue
- Speech problems
- Memory loss
- Difficulty concentrating
- Changes in mood or personality changes
- Depression, anxiety, and other mental health issues
In severe cases, brain injuries can profoundly and permanently alter the lives of victims and their loved ones. Some of the long-term effects and consequences associated with serious brain injuries include:
- Permanent cognitive deficits
- Learning disabilities and other limitations
- The need for assistive care, special education, and other accommodations
- An inability to work and earn income
- Increased risk of diseases such as Alzheimer's or Parkinson's
Because brain injuries can create substantial physical, financial, and emotional setbacks for victims and families, filing a successful civil lawsuit is critical to recovering compensation to cover medical expenses, lost income, and other losses. At CR Legal Team, we know brain injury victims suffer immense losses, and we have the experience to help them fight for full financial recoveries.
Who Is Liable For My Brain Injury?
Liability in a brain injury case largely depends on the circumstances surrounding the injury. Generally, the person or entity responsible for the accident or event that led to the brain injury can be held liable. This might include:
- Individuals, such as a negligent driver who causes a car accident or a negligent medical professional responsible for a birth injury or preventable brain damage.
- Businesses or organizations, if the injury occurred due to unsafe conditions on their property, or because of a defective product they manufactured or sold.
- Government entities, if the injury was caused by hazards on public property, or due to the negligence of a government employee.
Proving liability often requires demonstrating that the responsible party was negligent, meaning they failed to act with the care that a reasonably prudent person would under similar circumstances. Establishing negligence is crucial to proving liability, but it is also a challenging task that’s best handled by experienced legal counsel.
How Do I Prove Liability in a Brain Injury Case?
If you or someone you love suffered a preventable brain injury, you may have grounds to take legal action. That’s because South Carolina recognizes that victims of preventable injuries should not be forced to bear the resulting losses on their own, and that at-fault parties can be held liable (financially responsible) for the damages they’ve caused.
In fact, South Carolina law creates meaningful legal pathways through which victims can seek justice and financial compensation for their damages. However, victims who pursue lawsuits through these channels must be able to prove that their injuries were caused by another person or entity and that this other person or entity is liable for their damages.
In cases based on negligence, which many personal injury cases are, this means proving:
- Duty of Care: Establishing that the defendant owed a duty of care to the plaintiff. For example, drivers have a duty to safely operate their vehicles.
- Breach of Duty: Showing that the defendant breached the duty of care through their actions/inactions. For instance, if a property owner fails to fix a known hazard that leads to an injury or when a medical professional fails to meet the standard of care.
- Causation: Linking the breach of duty directly to the brain injury. This means proving that the injury would not have occurred if not for the defendant's negligence.
- Damages: Providing evidence of the damages suffered because of the injury. This could include medical bills, lost wages, pain and suffering, and other losses.
In some cases, victims may need to prove other elements to hold defendants liable. In a claim brought against a product manufacturer, for example, this may involve proving how a product was defectively designed, manufactured, or marketed. But regardless of the cause of action, proving liability depends on your ability to gather evidence and construct a compelling case. Often, this requires meticulous investigation and collaboration with various experts, such as accident reconstructionists or industry professionals with knowledge about the accident or product responsible for your injury and medical professionals who provide testimony about your injury and its impact on your life – both now and in the future.
At CR Legal Team, we have decades of experience litigating catastrophic injury cases based on various causes of action and have connections with various experts who help us build strong cases. We can discuss who you may be able to hold liable, and how we can help, after reviewing the specific facts of your case.
How Much Is My South Carolina Brain Injury Lawsuit Worth?
The value of a brain injury lawsuit in South Carolina depends on factors unique to a case, such as the extent of the injury and associated medical costs, a person’s income, and how their brain injury will affect them in the future, beyond the conclusion of a case.
Generally, brain injury victims are entitled to compensation for:
- Past and future medical expenses
- Loss of income and lost future earnings
- Pain and suffering
- Loss of enjoyment of life
- Future lost income
- Emotional injuries suffered by loved ones
Because brain injuries have considerable potential to result in long-term and lifelong limitations, brain injury lawsuits are often high-value cases. As such, the defendants and insurance carriers who defend against these claims work aggressively to dispute facts and pay victims as little as they can. By working with a proven legal team, you can level the playing field with insurers and corporations that value profits more than people and position yourself to secure the compensation you deserve.
What Is the Statute of Limitations for a Brain Injury Lawsuit in South Carolina?
For standard accident-based lawsuits, South Carolina generally imposes a three-year statute of limitations from the date of the injury. In cases involving medical malpractice, product liability, or claims brought against government entities, special rules might apply. This means the statute of limitations may be different, and there may be complexities like the “discovery rule,” which sets the clock from when the injury was or should have been discovered.
Because it is critical to bring a claim before the statute of limitations expires, anyone with a potential brain injury lawsuit should seek legal counsel as soon as possible. Quick action on your part can give you a better chance of retaining your right to compensation and give your attorney more time to investigate and build your case.
How Can a Brain Injury Lawyer Help?
A skilled brain injury lawyer can guide you through the complex legal landscape, ensuring that the proper procedures are followed. At CR Legal Team, for example, our Charleston brain injury attorneys can:
- Investigate the claim and identify who can be held liable
- Compile evidence to support your case
- Work with experts and medical professionals to gather important testimony and accurately calculate the impact a brain injury will have on your future
- Determine the full extent of applicable damages
- Negotiate with insurance companies or defendants
- Advocate for you in court, if necessary
Call For a FREE Consultation: (866) 691-0607
If you or your loved one suffered a brain injury, the time to consult an experienced Charleston brain injury lawyer is now. At CR Legal Team, we can help you understand your legal options and how we can leverage our experience and resources to fight for the outcome you deserve.
Call (866) 691-0607 or contact us online to request a free, no-obligation consultation with our team today. Our brain injury lawyers serve all of South Carolina and work on contingency, which means there’s no cost to hire and no fee unless we win.
