Serving Injury Victims In and Around Charleston, South Carolina

What is TBI?

A traumatic brain injury is any head injury that causes damage to the brain. That damage may be temporary or permanent. TBIs are classified as mild, moderate, or severe. But, don’t be misled by “mild” or “moderate.” Any head injury can be serious, including a mild TBI.

Traumatic Brain Injury is More Common than You Think

According to the Centers for Disease Control and Prevention (CDC), about 611 people in the U.S. are hospitalized each day for traumatic brain injuries, and about 176 die from TBIs. That’s more than 200,000 hospitalizations and more than 60,000 deaths each year.

How Do Traumatic Brain Injuries Happen?

The most common cause of TBI is a blow to the head, but a penetrating head wound can also cause a traumatic brain injury. In fact, it’s possible to sustain a TBI even if your head doesn’t make contact with any outside object. That’s because a severe jolt, such as you might suffer in a car accident, can slam the brain against the inside of the skull.

Some of the most common causes of TBIs include:

• Falls
• Car Accidents
• Contact Sport Injuries
• Assault and Battery

Signs and Symptoms of TBI

Traumatic brain injury symptoms can vary significantly, and aren’t always immediately noticeable. Some TBI symptoms aren’t the type that you might associate with a head injury unless you had some knowledge about TBIs. That can make it difficult to identify a TBI–especially if the bump to your head didn’t seem severe at the time or the TBI was caused by a jolt that didn’t include direct contact with your head.

Some common symptoms that probably won’t come as a surprise include:

• Headache
• Dizziness
• Blurred vision
• Loss of consciousness
• Memory problems
• Difficulty concentrating

But, there are a wide variety of other possible TBI symptoms that you might not immediately connect with a head injury. These include:

• Nausea and/or vomiting
• Light sensitivity
• Ringing in the ears
• Speech problems
• Depression
• Anxiety
• Mood swings
• Concentration problems
• Sleep disturbances
• Fatigue or drowsiness
• Loss of bladder control
• Loss of bowel control
• Balance problems
• Convulsions or seizures
• Weakness or numbness in extremities

Even this is not a complete list. If you are experiencing unusual symptoms after a blow to your head or a severe jarring incident such as being rear-ended in a vehicle, it’s best to consult your doctor as soon as possible.

Living with Traumatic Brain Injury

One of the most difficult aspects of living with a TBI is that it’s an invisible condition. The people you interact with can’t see that you’re suffering a limitation, and may not understand changes in you or the need to make certain adaptations. This can impact your life in many ways, from missing out on important medical care to relationship problems to difficulty in the workplace and other settings.

The best way to address this is with the help of qualified professionals. That starts with seeking medical care, but also means:

• Advocating for yourself or having a friend or family member to advocate for you if you aren’t getting the care or information you need
• Working with physical therapists, occupational therapists, speech therapists, and/or counselors as needed to address your particular symptoms
• Making the most of family support by having family members educate themselves, participate in support groups, and use other resources to make sure they fully understand the condition and how to help
• Being patient with yourself–relearning or developing new ways of approaching things after a TBI can be frustrating and sometimes disheartening, but it’s an important investment in your future

Your medical providers are a good potential source of information about educational resources, support groups, and other resources you may need. You can also find a lot of useful information online, including online communities and support groups.

Liability for TBIs and Other Head Injuries

In some cases, responsibility for a traumatic brain injury is fairly clear from the outset. For example, if you’re hit by a drunk driver who ran a red light and sustain a TBI in the accident, you will probably recognize that the drunk driver likely bears legal responsibility for your injury. But, many TBI cases are more complicated. For example:

• If you suffer a TBI at work, South Carolina workers’ compensation is usually an exclusive remedy, meaning that there are only very rare situations in which you can sue your employer. However, there may be third parties who share liability, such as the manufacturer of defective equipment that contributed to the injury.
• If you suffer a traumatic brain injury while participating in a sport or other activity, it’s possible that a coach, organizer, school district, team or association, or even the person who injured you could be liable. But there are special considerations in this type of case that may make it difficult to pursue a claim, including possible liability waivers and the argument that the injured person (or their parents) knowingly accepted risks inherent in the sport.
• If you’re injured in a car or truck accident, the other driver may not be the only possible responsible party. For instance, a third driver whose actions contributed to the accident might share liability, or the entity responsible for road maintenance might be partly responsible if faulty maintenance or debris contributed to the accident.

This is one reason you’ll want to talk to an experienced Charleston TBI injury attorney as soon as possible after your accident. If you overlook responsible parties, your compensation could be reduced–or, you could even lose your case. An attorney experienced in handling injury claims like yours can investigate the case and help identify parties who may share liability. The earlier you speak with the attorney, the better opportunity they will have to gather the information and evidence they need to establish your claim.

How Can a South Carolina TBI Lawyer Help?

In addition to gathering information and evidence to determine who may be responsible for your injury and building a case against them, your Charleston traumatic brain injury lawyer can:
• Take over communications with the insurance company, protecting you from common missteps that can seriously hurt your claim. With a TBI, it may take months or longer to know the exact extent of the injury and whether the symptoms and limitations will resolve. Insurance companies will often try to get you to settle quickly, before you know the full extent of your injuries. That could mean you’re responsible for expensive, ongoing medical care.
• Manage the technical aspects of the case, such as filing motions to secure evidence from the responsible party, helping assemble the evidence you are required to produce, and managing deadlines.
• Answer your questions and smooth the process to reduce the stress of ongoing litigation.
• Hire and work with expert witnesses who will help to establish your medical claim–something that can be complicated and difficult with brain injuries, since symptoms aren’t always consistent or predictable.
• Hire and work with expert witnesses who will establish the economic value of losses like diminished future income.
• Negotiate with the insurance company’s lawyer to try to reach a favorable settlement for you.
• Assemble evidence, speak with witnesses, and prepare your case for trial.
• Argue your case to a South Carolina jury, if that’s the best option in your specific case.

Attorney Frank Hartman has been serving injury victims in and around Charleston for many years. He has the knowledge and experience necessary to guide you through the legal system and build the strongest possible case on your behalf. He also has extensive experience in the local courts, meaning he knows exactly how the Charleston County justice system operates, understands local juries, and is familiar with most of the law firms representing insurance companies in the area and knows what to expect from them.

To learn more about how The Hartman Law Firm can help you pursue fair compensation after a TBI, call (843) 300-7600 or fill out the contact form at the bottom of this page right now.