South Carolina car accident victims often face a difficult recovery after suffering a head injury in a car wreck. If you or a family member is dealing with the effects of a head injury from a collision, filing a brain injury lawsuit may be the only way to cover the high cost of specialized medical care. A South Carolina car accident attorney can investigate the cause of the accident and file a claim to help you get compensation.
The medical expenses and lost wages associated with these cases are often substantial. To receive fair traumatic brain injury (“TBI”) settlements, you must provide clear evidence of how the trauma has altered your daily life and ability to work. Insurance companies frequently attempt to minimize these claims, which means it is vital to document every symptom from the start.
Legal claims involve seeking specific damages for a car accident TBI, which often includes both current bills and projected future needs. Because different types of brain injuries from car accidents require unique treatment plans, your legal strategy must account for the specific diagnosis and prognosis provided by your doctors.
Understanding Traumatic Brain Injuries After a Car Accident
A traumatic brain injury (TBI) occurs when a sudden impact or jolt to the head disrupts normal brain function. In a car accident, this often happens when the head strikes a window, steering wheel, or dashboard. Even without a direct hit, the violent “whiplash” motion of the head can cause the brain to slide back and forth against the inner walls of the skull.
- A “mild” TBI, such as a concussion, may involve a brief change in mental status or consciousness.
- A “severe” TBI can result in extended periods of unconsciousness, coma, or permanent cognitive deficits.
Symptoms do not always appear immediately after a crash. You might feel fine at the scene, only to develop headaches, dizziness, confusion, or blurred vision hours or days later. Because of this delay, doctors recommend a full medical evaluation following any high-impact collision.
Types of Brain Injuries From Car Accidents
Car crashes can result in various forms of head trauma. Some common types of brain injuries from car accidents include:
- Concussions: These are the most common TBIs and can lead to long-term symptoms known as “post-concussion syndrome.”
- Contusions: This involves physical bruising of the brain tissue.
- Diffuse Axonal Injuries (DAI): Caused by the rapid rotation of the head, tearing brain fibers. This is often seen in high-speed collisions.
- Coup-Contrecoup Injuries: This happens when the force of impact is strong enough to cause the brain to strike both sides of the skull.
- Penetrating Injuries: When an object, such as shattered glass or metal, enters the skull.
Evidence Needed to Prove a Traumatic Brain Injury
The evidentiary foundation of your case for damages is objective medical data, including CT and MRI scans. However, records from neurologists and specialized brain injury clinics are also vital, as TBIs do not always show up on standard scans. Vocational experts may also testify to show how the injury prevents you from returning to your specific career, which is essential for calculating lost future earnings.
Because a TBI often changes a person’s personality or behavior, testimony from those who know you best is highly persuasive. Family members, friends, and coworkers can provide “before and after” accounts. They describe the daily reality of the injury, such as a once-active parent who now suffers from extreme fatigue or a reliable employee who can no longer follow simple instructions.
To recover damages, you must document every dollar lost due to the injury. This includes all medical bills, pharmacy receipts, and invoices for specialized therapy, such as speech or occupational rehabilitation. Employment records and pay stubs are used to prove lost wages. If the TBI requires long-term home modifications or nursing care, life care planners provide detailed reports on those future costs.
Damages for a Car Accident TBI
Victims can seek both economic and non-economic damages for a car accident TBI. South Carolina law allows for the recovery of:
- Medical expenses and future care: This includes emergency transport and hospital stays. TBIs often require lifelong treatment. Claims account for the anticipated costs of rehabilitation, physical therapy, and cognitive speech therapy.
- Lost wages and earning capacity: You can recover the income lost during your initial recovery period. If a brain injury prevents you from returning to your previous profession or keeps you from working at all, you may seek the difference in your lifetime earning potential.
- Pain and suffering: This addresses the physical pain and discomfort caused by the initial trauma and subsequent treatments.
- Emotional distress: TBI victims often experience anxiety, depression, and PTSD following a crash.
- Punitive awards: Under S.C. Code § 15-32-520, punitive damages are awarded in rare cases where the at-fault driver’s conduct was willful, wanton, or reckless, such as driving under the influence or excessive speeding. These types of damages are intended to punish the wrongdoer rather than compensate the victim.
How a Greenville Car Accident Lawyer Can Help
Experienced legal representation can be a primary factor in the outcome of your claim. The lawyers at David R. Price, JR., P.A. can manage the complex legal and procedural requirements so you can prioritize your physical recovery. Here is how we can help:
1. Calculating the Full Value of Your Claim
Brain injuries often involve lifelong costs. We work with medical professionals and life care planners to ensure your request for compensation includes future medical bills, lost earning capacity, and long-term rehabilitation.
2. Managing Insurance Negotiations
Insurance adjusters frequently attempt to settle TBI claims quickly for the lowest possible amount. We handle all communications and negotiations to prevent you from accepting a settlement that does not cover your actual needs.
3. Preserving Critical Evidence
Evidence such as vehicle black box data or surveillance footage from local businesses can disappear quickly. We take immediate steps to subpoena and preserve this data to support your lawsuit.
4. Litigating in Court
If the insurance company refuses to offer a fair settlement, we are prepared to take your case to trial. Having a litigator with experience in South Carolina’s courts ensures your case is presented effectively before a jury.
Contact Our Greenville Car Accident Lawyers
The legal team at David R. Price, JR., P.A. understands the physical and financial toll that a brain injury lawsuit can take on victims and their families.
We work to ensure our clients’ recoveries include all available damages for a car accident TBI, including medical bills, lost wages, and long-term rehabilitation costs. Our firm has the experience and resources necessary to pursue fair traumatic brain injury settlements that account for future care needs.
If you or a loved one is suffering from a traumatic brain injury, contact David R. Price, JR., P.A. at 864-271-2636 for a free consultation.