Brain injuries are not always visible. Yet they can disrupt the brain’s normal function in ways that affect memory, mood, speech, and the ability to earn a living. If someone else’s negligence caused your head trauma, you may have the right to pursue compensation under South Carolina law.
Joye Law Firm Injury Lawyers is proud to be a Preferred Attorney of the Brain Injury Association of America (BIAA). Our brain injury lawyers are leaders in the field and have represented accident victims across Charleston, SC, since 1968. We offer free consultations and only charge a fee if we recover compensation for you. Our firm is proud of the meaningful results we’ve secured for injured workers and families, including:
- $9 million settlement for a trucker who suffered catastrophic brain and orthopedic injuries when a 1,000-pound industrial roll crushed him due to unsafe workplace procedures.
- $750,000 settlement for a construction site foreman who sustained a brain injury and multiple other injuries after falling 30 feet at a Charleston construction site. That recovery helped cover medical expenses, lost wages, and long-term care needs.
- $375,000 and lifetime medical coverage for a truck driver who sustained a brain injury as the result of a tractor-trailer crash.
While past results don’t guarantee future outcomes, these cases demonstrate our commitment to holding every responsible party accountable when negligence leads to a life-altering brain injury. If you were hurt because of someone else’s actions, you deserve a legal team that approaches your financial recovery with the same determination you bring to your physical recovery.
Who Can Be Held Responsible Under South Carolina Law for Serious Brain Injuries?
Under South Carolina law, a responsible party can be any person or entity whose negligence caused the injury. Examples include:
- A distracted driver in a Charleston car accident
- A property owner who failed to repair dangerous conditions
- An employer who ignored safety standards
- A medical provider whose error caused brain damage
In many brain injury cases, more than one party shares fault. These claims often involve multiple at-fault parties, each playing a role in what happened. For example:
- A trucking accident may involve both the driver (for negligent driving) and the trucking company (for failing to screen or train the driver, or pushing unsafe schedules.
- A crash caused by a drunk driver may also involve the bar that continued serving alcohol to a visibly intoxicated person (dram shop liability)
- A slip and fall at an apartment complex may involve the property owner, a property management company, and a third-party maintenance vendor who failed to fix a known hazard
- A workplace injury may involve both an employer (workers’ compensation) and a third-party contractor or equipment manufacturer responsible for unsafe conditions or defective equipment
- A defective helmet or safety device may lead to a product liability claim against the manufacturer, distributor, or retailer
South Carolina follows a modified comparative negligence rule, which means fault can be divided among all parties involved—including the injured person. That means an injured person can still recover financial compensation as long as they are less than 51 percent at fault. However, the recovery can be reduced by the fault percentage.
If the conduct was reckless or intentional, punitive damages may be available. These damages are meant to punish extreme misconduct and deter similar behavior. Identifying all responsible parties is one of the first steps in building a strong brain injury lawsuit.
How Are Future Medical Expenses and Lost Wages Calculated in Brain Injury Cases?
Calculating damages in brain injury cases requires careful analysis. The impact often extends for years. Compensation may include:
- Past and future medical bills
- Rehabilitation and therapy costs
- In-home care
- Lost wages and lost income
- Reduced the pain and suffering of reduced earning capacity
- Emotional distress loss
Medical experts help estimate future medical expenses. Economists may project how a TBI-related disability affects earning potential. A skilled brain injury lawyer works with these professionals to present a clear picture of the financial recovery you need.
Insurance companies often argue that symptoms are exaggerated or unrelated. Strong documentation and expert testimony counter these claims.
How Long Do You Have to File a Brain Injury Lawsuit in South Carolina?
Most personal injury cases in South Carolina must be filed within three years from the date of the injury. This deadline is known as the statute of limitations. Certain situations may alter that timeline. Claims against government entities have different notice requirements. Medical malpractice cases involve additional procedural steps.
Missing a deadline can prevent you from seeking compensation. That is why early legal action is important. A Charleston brain injury attorney can review your case and confirm the applicable time limits.
