Traumatic brain injuries (TBIs) impact thousands of people every year, changing lives in an instant. A sudden blow to the head, a violent jolt, or even a penetrating injury can leave someone facing a lifetime of complications. While many people associate TBIs with severe accidents, they can also result from everyday situations that don’t seem dangerous at first glance.
The legal consequences of a TBI often stretch far beyond the immediate medical concerns, placing victims in a position where they must fight for financial recovery. A South Carolina brain injury lawyer will work to secure compensation for every hardship you endure after suffering a traumatic brain injury.
Concussions That Seem Minor But Have Major Consequences
A concussion might be called a “mild” traumatic brain injury, but there’s nothing mild about the impact it can have on your life. A hard hit to the head from a car accident, fall, or even a workplace incident can cause symptoms that linger for weeks, months, or even longer. Dizziness, headaches, memory issues, and emotional changes can disrupt your daily routine and make working or enjoying the activities you once loved impossible.
Insurance companies frequently downplay concussions, treating them as insignificant. A South Carolina personal injury lawyer will not let them get away with dismissing your suffering.
You might experience symptoms immediately, or they may creep up on you after the initial shock of an accident wears off. The longer a concussion affects your ability to function, the more compensation you will need. Medical bills, lost income, and pain and suffering are all damages a personal injury attorney will pursue on your behalf. When the insurance company tries to minimize your claim, legal action will force them to acknowledge the true impact of your injury.
Coup-Contrecoup Injuries That Double the Damage
Coup-contrecoup brain injuries occur when your head violently jerks in an accident, causing the brain to strike the inside of the skull in two different places. The initial impact (coup) injures one side of the brain, while the rebound effect (contrecoup) damages the opposite side. These injuries happen frequently in high-impact crashes, sports accidents, and falls from significant heights.
The complexity of a coup-contrecoup injury makes legal claims more difficult. Defendants often argue that the victim had a preexisting condition or that the second impact wasn’t related to the accident. A South Carolina personal injury lawyer will fight against those tactics, securing the medical evidence and expert testimony necessary to prove how the trauma occurred. The compensation you receive must account for long-term rehabilitation, therapy, and the emotional toll of such a severe injury.
Diffuse Axonal Injuries That Leave Lasting Impacts
A diffuse axonal injury (DAI) results from rapid acceleration and deceleration of the brain within the skull, leading to widespread damage to nerve fibers. Unlike a concussion or coup-contrecoup injury, a DAI doesn’t always involve visible bleeding, making it harder to diagnose immediately. Victims often lose consciousness, and those who wake up face serious impairments in motor skills, cognition, and speech.
Because DAIs often result from car accidents where one vehicle is hit at high speeds, insurance companies, and defendants try to shift blame to the victim. They may argue that another medical issue caused the loss of consciousness or that the injury isn’t as severe as claimed.
A South Carolina personal injury lawyer will challenge those claims, demanding full compensation for how your life has changed. You won’t have to accept a lowball settlement that doesn’t cover the full extent of your losses.
Penetrating Brain Injuries That Alter Lives Permanently
A penetrating brain injury happens when an object pierces the skull and damages brain tissue. Gunshot wounds, workplace accidents involving sharp tools, and even serious car crashes can lead to these devastating injuries. Victims often require emergency surgery, and even after the initial medical crisis is handled, they face an uphill battle with recovery.
Insurance companies will attempt to argue that certain complications were unavoidable or unrelated to the incident. A South Carolina personal injury lawyer won’t let them twist the facts. Instead, an attorney will use medical records, eyewitness testimony, and expert analysis to show exactly how the injury occurred and who bears responsibility.
A legal claim will ensure that the party responsible for your suffering is held accountable for the extensive medical care, lost income, and long-term therapy you require.
Second-Impact Syndrome That Compounds the Harm
Suffering a second head injury before a previous one has fully healed can lead to second-impact syndrome (SIS), a life-threatening condition that causes rapid brain swelling. This is especially common in contact sports, where players may return to the game too soon after an initial concussion. But SIS can also happen to accident victims who experience another blow to the head in a short period.
Legal action becomes even more critical if someone else’s negligence caused both injuries. A South Carolina personal injury lawyer will work to prove that you should never have been placed in harm’s way again. The insurance companies may try to argue that you assumed the risk by engaging in certain activities. However, an attorney will push back, ensuring those responsible pay for the preventable damage they caused.
Intracranial Hemorrhages That Develop Over Time
Internal bleeding in the brain may not always be immediately obvious after an accident. Intracranial hemorrhages can develop hours or even days later, making it crucial to seek medical attention after any head injury. These injuries often happen in car crashes, falls, and workplace incidents where the head experiences blunt force trauma.
Insurance companies frequently deny claims when symptoms don’t appear right away. They argue that the injury would have been diagnosed immediately if it were serious. A South Carolina personal injury lawyer will not let them get away with this tactic. They’ll work to force the responsible party to acknowledge the true nature of your injury and compensate you for the medical treatment and financial losses that followed.
Brain Contusions That Require Emergency Surgery
A brain contusion, or a bruise on the brain, can cause severe swelling and bleeding. In some cases, surgery is necessary to relieve pressure before the injury leads to permanent brain damage. Contusions often occur in violent accidents where the head slams against a hard surface, such as a steering wheel, pavement, or heavy machinery.
Defendants will often attempt to minimize the impact of a contusion, arguing that the swelling subsided or that the injury wasn’t severe enough to warrant compensation. A South Carolina personal injury lawyer will ensure they don’t succeed. Medical documentation, imaging scans, and expert testimony will establish the severity of your injury, and your legal claim will reflect the full extent of your suffering and financial losses.
Getting Compensation for Your Injury
No matter what type of traumatic brain injury you’ve suffered, insurance companies and defendants will do everything they can to pay as little as possible. They may argue that your symptoms aren’t related to the accident, that you had a preexisting condition, or that your injury isn’t as severe as you claim. A South Carolina personal injury lawyer won’t let them take advantage of you.
Your attorney will gather every piece of evidence necessary to prove your case. The legal strategy will focus on securing compensation for all your losses, including medical expenses, lost income, pain and suffering, and the emotional toll of living with a brain injury.
Settlement negotiations will likely be the first step in seeking financial recovery. However, your attorney will take the case to court if the insurance company refuses to offer a fair amount. A lawsuit will ensure that those responsible for your injury are held accountable in front of a judge and jury. Your attorney will argue for the maximum compensation so you have the resources needed to rebuild your life.
Negotiating with Insurance Companies
Negotiating with insurance companies isn’t just about making demands and waiting for a check. A skilled South Carolina personal injury lawyer understands how insurers operate and uses strategic tactics to push for the best possible settlement. When insurers refuse to negotiate in good faith, your attorney will take the fight to the courtroom.
Building a Strong Case from the Start
When a personal injury lawyer takes a case, they build a strong foundation for negotiations. They begin by investigating the accident, gathering evidence, and determining the full extent of damages. Insurers won’t just hand over money – they need proof. That’s why your attorney compiles police reports, medical records, expert testimonies, and any surveillance or dashcam footage that supports the claim. The goal is to make the case airtight before even approaching the insurer.
Drafting the Demand Letter
Once they’ve built a compelling case, your South Carolina personal injury lawyer will draft a demand letter. This document outlines the facts of the accident, the injuries sustained, and the damages being claimed. It also includes a demand for compensation. The insurance company rarely agrees to the first demand, so your attorney will expect pushback.
Handling Insurance Adjuster Tactics
Insurance adjusters may offer a lowball settlement, hoping the injured party is desperate enough to take it. A skilled personal injury lawyer won’t fall for these tactics. Instead, they’ll counter with solid evidence, showing exactly why you deserve more. They’ll remind the insurer of the risks of going to trial – where a jury might award even more than what’s being demanded.
Recognizing Bad Faith and Escalating the Case
Negotiations can last for weeks or months. A good personal injury attorney knows when to stand firm and when to compromise. They also recognize when an insurer acts in bad faith – unnecessarily delaying the process, denying a valid claim without reason, or offering an insultingly low amount. In these cases, the lawyer may escalate matters by threatening legal action.
Filing a Lawsuit If Negotiations Fail
If negotiations stall, your attorney will file a lawsuit. This shifts the dynamic, forcing the insurer to take the claim more seriously. Litigation is expensive, and insurance companies want to avoid trial costs whenever possible. Filing a lawsuit doesn’t mean the case will go to court, but it does send a message: the lawyer isn’t backing down.
The Discovery Process
During the pre-trial phase, both sides go through discovery, where they exchange evidence and take depositions. This process allows your South Carolina personal injury lawyer to expose weaknesses in the insurance company’s case while strengthening their own. They may depose medical experts, accident reconstruction specialists, and even the insurance adjuster to challenge their claims.
Mediation and Pre-Trial Negotiations
Mediation often occurs before trial. A neutral third party helps facilitate negotiations to reach a fair resolution. If the insurer finally offers a reasonable settlement, the case ends there. But your attorney will prepare for trial if the insurance company continues to undervalue the claim.
Arguing the Case in Court
In court, your South Carolina personal injury lawyer must persuade a jury that you deserve full compensation. They’ll craft a compelling narrative, showing how the accident happened, who was at fault, and how the injuries have impacted your life. Opening statements set the stage, giving jurors an overview of the case.
Your attorney will methodically present evidence, calling on expert witnesses to explain the severity of the injuries and their long-term consequences. They’ll cross-examine the insurer’s witnesses, exposing inconsistencies in their testimony. If the insurer argues you were partially to blame, your attorney will counter with traffic camera footage, witness statements, or forensic evidence showing otherwise.
Connecting with the Jury
Jury trials are unpredictable, but a skilled lawyer can connect with jurors. They’ll humanize you, ensuring the jury understands your suffering. They might use day-in-the-life videos showing your challenges, making the case more personal.
Closing Arguments and Final Verdict
Closing arguments reinforce everything presented, summarizing why the jury should award full compensation. Your South Carolina personal injury attorney will remind the jurors of the evidence, the expert testimonies, and the insurer’s attempts to dodge responsibility. They’ll emphasize fairness and justice, urging the jury to hold the insurer accountable.
If the jury rules in your favor, your attorney will ensure you receive the awarded compensation. Even after a verdict, insurance companies sometimes appeal, dragging the process out further. A determined personal injury lawyer will fight through every stage so you get what you deserve.
Let a South Carolina Personal Injury Lawyer Fight to Help You Move Forward After a TBI
A South Carolina personal injury lawyer experienced in TBI claims will fight to help you obtain every dollar you have coming. Please contact an personal injury attorney immediately for a free consultation.
