When someone suffers a traumatic brain injury (TBI) due to someone else’s negligence, they may have grounds for a personal injury lawsuit in South Carolina. However, pursuing compensation for a brain injury can be complex, especially if the victim is dealing with the physical, psychological, and financial aftermath of their injury. Here is an overview of South Carolina personal injury laws as they pertain to brain injury cases.
Table of Contents
Types of Brain Injuries
A brain injury can range in severity from mild concussion to severe brain damage. Some brain injuries are temporary, while others may leave lifelong disabilities. The most common types of brain injuries include:
- Concussion
- Contusion
- Penetration
- Diffuse axonal injury (DAI)
- Anoxic brain injury (ABI)
- Hypoxic brain injury (HBI)
Negligence and Liability
To pursue compensation for a brain injury in South Carolina, the plaintiff (injured party) must prove that the defendant (at-fault party) was negligent. Negligence is defined as a failure to behave with the level of care that a reasonable person would in similar circumstances.
For example, if a drunk driver causes a car accident that results in a TBI, the victim may be able to sue the driver for negligence. The victim must demonstrate that the driver was under the influence of alcohol and that this impairment caused the accident.
South Carolina does not have a cap on damages in personal injury cases, meaning that a plaintiff can pursue compensation for all economic and non-economic damages, including medical expenses, lost wages, pain, and suffering.
Statute of Limitations
The statute of limitations is the time limit within which a plaintiff must file a personal injury lawsuit in South Carolina. The statute of limitations varies depending on the type of injury and the circumstances of the case. In general, the statute of limitations for personal injury lawsuits in South Carolina is three years from the date of the injury.
This means that if someone suffers a TBI due to someone else’s negligence, they have three years from the date of the injury to file a lawsuit. It’s essential to speak with a personal injury attorney as soon as possible after the injury occurs to ensure that the lawsuit is filed within the appropriate timeframe.
Comparative Negligence
South Carolina follows the comparative negligence rule, which means that if the plaintiff is partially responsible for their injury, their compensation may be reduced by their percentage of fault. For example, if a victim of a car accident is 20% responsible for the accident, their compensation may be reduced by 20%.
Comparative negligence can make it challenging to determine fault and negotiate a settlement. It’s essential to work with an experienced personal injury attorney who can help the plaintiff fight for fair compensation.
Getting Help
If you or a loved one has suffered a TBI due to someone else’s negligence, it’s essential to seek legal representation. A personal injury attorney can evaluate your case, gather evidence, and negotiate with insurance companies to help you recover the compensation you deserve.
It’s crucial to speak with an attorney as soon as possible to ensure that the statute of limitations does not expire. Brain injury cases can be complex, but with the right legal guidance, you can pursue the compensation you need to move forward with your life.