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A concussion or traumatic brain injury (TBI) can alter every part of life. These injuries often create lasting health problems, reduce earning capacity, and strain family relationships. For Charleston residents, it is critical to understand both the medical and legal dimensions of TBIs.
If another party’s negligence caused your injury, South Carolina law may allow you to pursue compensation. The attorneys at Kahn Law Firm LLP represent TBI victims across Charleston and the surrounding communities, ensuring their rights are protected.
Call us today at 843-920-5690 to schedule a confidential consultation.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when an external force—such as a car crash, fall, or sports accident—disrupts the normal function of the brain. The Centers for Disease Control and Prevention (CDC) classifies TBIs as mild, moderate, or severe. Concussions are the most common form of mild TBI, yet they can still have serious, lasting consequences.
Common Causes of TBIs in Charleston
- Car Accidents: High-impact collisions, particularly rear-end or side-impact crashes, often cause head trauma.
- Falls: Slip-and-fall accidents are a leading cause of concussions among older adults and children.
- Sports Injuries: Contact sports like football or soccer frequently result in concussions.
- Workplace Accidents: Construction and industrial workers face a higher risk of TBI due to falls or falling objects.
- Violent Incidents: Assaults or other intentional acts can also lead to traumatic brain injury.
Recognizing Symptoms of a Concussion or TBI
Symptoms may appear immediately after an accident or develop hours—or even days—later. This delayed onset is one reason why medical evaluation is crucial.
- Physical Symptoms: Headaches, dizziness, nausea, blurred vision, fatigue, or loss of consciousness.
- Cognitive Symptoms: Memory problems, difficulty concentrating, confusion, or delayed responses.
- Emotional/Behavioral Symptoms: Mood swings, irritability, depression, or anxiety.
Because a TBI can present differently in every individual, proper diagnosis by medical professionals is vital.
Legal Considerations in South Carolina
When a traumatic brain injury is caused by another person’s negligence—whether a reckless driver, a negligent property owner, or an unsafe workplace—South Carolina law provides a path for victims to pursue compensation.
Statute of Limitations
Most personal injury cases in South Carolina must be filed within three years from the date of the accident. However, if a government entity is involved, the time limit is only two years under the South Carolina Tort Claims Act. Missing these deadlines can bar your ability to recover damages.
Comparative Negligence
South Carolina follows a modified comparative negligence rule. This means you can still recover damages if you were partly at fault for your accident, as long as your share of fault is less than 51%. However, your compensation will be reduced by your percentage of fault.
Damage Caps
When claims involve public entities, compensation is capped (for example, approximately $300,000 per individual and $600,000 per incident). Punitive damages—designed to punish reckless or willful conduct—require clear and convincing evidence and are subject to state-imposed limits.
Why TBI Cases Are Complex
Unlike visible injuries, brain injuries are often invisible. CT scans or MRIs may appear normal, even when victims experience significant cognitive or emotional symptoms. This can make proving the extent of the injury in court particularly challenging.
The Role of Expert Testimony
South Carolina courts rely on expert testimony to establish both medical diagnoses and causation. Under Rule 702 of the South Carolina Rules of Evidence, judges must determine whether an expert’s testimony is qualified, relevant, and reliable. In brain injury cases, testimony from neurologists, neuropsychologists, and rehabilitation specialists is often essential.
The Challenge of Long-Term Effects
TBIs can cause lifelong problems such as memory loss, speech difficulties, reduced motor skills, and personality changes. These effects are not only devastating for victims but also financially draining for families. A legal claim must account for both current and future medical expenses, lost earning capacity, and reduced quality of life.
Concussion Law in South Carolina Youth Sports
Concussions are a serious concern for student-athletes. South Carolina law requires that athletes suspected of having a concussion be immediately removed from play and not return without medical clearance. Schools must also provide concussion education to coaches, parents, and players. These protections aim to reduce the risk of long-term complications in children and teenagers.
Compensation Available in a Charleston TBI Claim
While every case is unique, victims of concussions and traumatic brain injuries may be entitled to compensation for:
- Medical expenses (emergency treatment, hospitalization, rehabilitation, therapy)
- Future medical care needs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The amount of compensation depends on the severity of the injury, the degree of fault, and the strength of the evidence presented.
Steps to Take After a Concussion or TBI
- Seek Immediate Medical Care – Always prioritize your health by undergoing a professional evaluation.
- Document Symptoms & Treatment – Keep detailed records of symptoms, diagnoses, and treatments.
- Preserve Evidence – Gather accident reports, photographs, and witness information.
- Consult a Charleston TBI Lawyer – A skilled attorney can investigate your case, work with medical experts, and pursue fair compensation.
Why Choose Kahn Law Firm LLP
At Kahn Law Firm LLP, we understand the life-altering consequences of concussions and TBIs. Our personal injury attorneys have decades of experience representing injury victims in Charleston and across South Carolina. We know how to build strong cases supported by expert testimony and detailed evidence, and we fight tirelessly for the compensation our clients deserve.
Our firm also focuses specifically on traumatic brain injury cases, giving us the experience and resources necessary to handle these complex claims.
Conclusion
A concussion or traumatic brain injury can change your life in an instant. Navigating the medical recovery alone is overwhelming, and the added stress of legal action can feel impossible without guidance. That’s where Kahn Law Firm LLP comes in.
If you or a loved one has suffered a concussion or TBI in Charleston due to another’s negligence, don’t wait to seek help. Call us today at 843-920-5690 to schedule a consultation and learn how we can fight for your rights and recovery.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.