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Johnathan MUnderstanding Traumatic Brain Injuries
A traumatic brain injury, or TBI, results from a sudden force that disrupts normal brain function. Causes can include blunt impacts, violent shaking, or an object piercing the skull.
Doctors categorize TBIs based on severity. They use the Glasgow Coma Scale (GCS) to measure eye, verbal, and motor responses. A mild TBI such as a concussion scores between 13 and 15. A moderate TBI, including cerebral contusions, ranges from 9 to 12. Severe TBIs, with scores of 8 or below, encompass conditions like diffuse axonal injury (DAI) or injuries penetrating the skull.
This classification is legally significant. Severity impacts treatment costs, long-term outlook, and damages you can claim. Even a “mild” concussion may have lasting symptoms. Severe TBIs can lead to permanent disabilities or even death.
How TBIs Happen in Greenville
Vehicle crashes cause the majority of traumatic brain injuries. Your head might hit a steering wheel, window, or headrest, or the collision’s force could make your brain snap against your skull.
Greenville County ranks highest in South Carolina for traffic collisions, tallying about 16,640 crashes annually. Many of these crashes that happen on SC highways result in head injuries. High-risk roads like I-85, I-385, Woodruff Road, and Wade Hampton Boulevard witness some of the worst accidents in the area.
Large commercial trucks present additional risks. When an 80,000-pound truck impacts a smaller vehicle, the results are often catastrophic. Freight carrier negligence on highways significantly contributes to severe TBIs in the region.
Other common causes include:
Falls, especially among workers and older adults
Motorcycle and bicycle accidents
Sports injuries
Assaults and violent crimes
Regardless of the cause, the legal question remains: did someone’s reckless behavior endanger you?
Symptoms and Long-Term Effects
TBI symptoms might not show up right away. Initially feeling fine at the scene, victims often develop serious problems hours or even days later. This delay highlights the importance of immediate medical evaluation after an accident involving head impact.
Common symptoms include:
Persistent headaches
Memory loss, short and long-term
Confusion and concentration problems
Personality changes
Balance issues
Sensitivity to light and sound
Sleep disturbances
The long-term effects can be devastating. Severe TBIs can lead to lasting cognitive impairment, making returning to work impossible. Many survivors need ongoing care, surgeries, rehabilitation, and mental health treatment. According to the CDC, TBI contributes to around 30% of all injury deaths in the U.S. For survivors, financial and personal costs add up over years or even a lifetime.
Brain injuries often accompany other serious harms. Victims facing partial or full paralysis frequently also suffer spinal damage in the same incident. Every injury deserves full compensation, not just the visible ones.
Damages in a Brain Injury Case
TBIs are costly to treat and can fundamentally change life’s course, meaning potential damages can be significant.
Recoverable compensation typically includes:
Medical expenses: Emergency care, neurosurgery, hospitalization, imaging, medication, and follow-up treatments often total six figures. Greenville’s Prisma Health system treats many TBI patients in the Upstate, and these costs accumulate quickly.
Future care and rehabilitation: Cognitive and occupational therapies and long-term care facilities may represent a significant share of damages. Doctor testimony is crucial in projecting lifetime care costs.
Lost earning capacity: If your injury prevents you from resuming your previous job or similar work, you can seek compensation for the income you would’ve earned.
Pain and suffering: The pain and psychological impact of a severe brain injury are valid losses. South Carolina law permits recovery for such non-economic harms.
Diminished quality of life: Losing the ability to enjoy life’s pleasures is a real loss, extending beyond financial metrics.
In some cases, punitive damages may also be pursued if the at-fault party’s actions were particularly egregious. For instance, if a drunk driver caused the accident that led to your TBI, punitive damages could be considered. These are intended to punish the wrongdoer and deter similar conduct in the future. Understanding the full range of compensable damages requires a thorough legal evaluation.
South Carolina Law and Brain Injury Claims
South Carolina follows modified comparative negligence under S.C. Code Ann. § 15-38-15. You can recover damages if you are less than 51% responsible for your injury. Your compensation decreases by your fault percentage. If the defense claims partial blame, having a knowledgeable attorney to counter is crucial.
The statute of limitations for personal injury claims in South Carolina is three years from the injury date per S.C. Code Ann. § 15-3-530. Missing this deadline usually forfeits your right to recover. If a government vehicle or employee caused the injury, a six-month notice requirement under the South Carolina Tort Claims Act applies, beginning immediately.
Brain injury claims require more than medical diagnoses. An attorney typically works with neurologists and psychologists to link accidents to injuries, document care needs, and estimate lost earnings. Insurance companies deploy adjusters to minimize payouts, putting self-representation at risk of under-recovery.
What to Do After a Brain Injury Accident
Steps taken after a TBI can either protect or jeopardize your claim.
Seek medical care immediately. Even if you feel fine, visit the ER or urgent care right away. Inform the provider about the accident and all symptoms, even minor ones. Medical documentation is key.
Follow all treatment recommendations. Treatment gaps give insurers a reason to argue that your injuries were not serious or that you failed to mitigate damages.
Avoid giving recorded statements to other insurers. Adjusters often aim to get statements that can undermine your claim.
Preserve evidence. If possible, take photos, gather witness names and contact information, and collect all accident reports.
Consult an attorney before accepting any settlement. Early offers rarely reflect a TBI claim’s true value. Once a release is signed, you can’t claim more even if conditions worsen.
Additionally, consider keeping a personal journal to document your daily symptoms, struggles, and progress. This can be a powerful tool in demonstrating the impact of your injury over time. Keeping detailed records of all medical appointments, therapies, and related expenses can also strengthen your case. Remember, the more thorough your documentation, the stronger your position will be when negotiating a settlement or presenting your case in court.
How John Crangle Can Help
John Crangle handles personal injury cases throughout Greenville County, covering areas like Simpsonville, Mauldin, Greer, Easley, and Travelers Rest. He knows the local courts, medical facilities, and insurance tactics aimed at minimizing serious injury claims.
Brain injury cases need thorough investigation and solid medical support. John gathers the necessary evidence to showcase the accident’s details, fault, and real costs, both now and in the future.
You pay nothing unless he secures compensation for you. No upfront fees or hourly charges mean you can focus fully on your recovery.
If you or a loved one have suffered a traumatic brain injury in an accident, get help today. Get a free case review and discover your claim’s true potential.