Lexington Brain Injury Lawyer

Legally Reviewed by Stephen Vicari: July 01, 2026

Traumatic brain injuries (TBIs) can change lives in an instant, leaving victims with lasting medical needs, emotional challenges, and financial burdens. At Stewart Law Offices, our Lexington brain injury attorneys are committed to helping families in Lexington and across Lexington County pursue justice when negligence leads to brain injuries.

Our team includes Stephen Vicari, a licensed South Carolina Bar attorney who has dedicated more than a decade of his legal career to representing injured clients throughout Lexington County. When you come to us after a traumatic brain injury, your case does not get passed to a paralegal or lost in a caseload.

You get attorneys who take the time to understand what happened to you, what your injury has cost you, and what it is going to take to make things as right as the law allows.

What Is a Traumatic Brain Injury?

A traumatic brain injury, commonly shortened to TBI, is any disruption to normal brain function caused by an external force, such as a sudden impact, a violent jolt, a blow to the head, or a penetrating injury. The consequences range from a concussion that fully resolves within weeks to a severe, permanently disabling brain injury that requires lifelong care. Closer to home, the SCDPS 2023 Traffic Collision Fact Book, the official statewide crash record, shows that Lexington County recorded 8,162 total traffic collisions in 2023, including 46 fatal crashes, 96 serious injury collisions, and more than 1,800 additional injury crashes. Given that motor vehicle crashes are among the leading causes of TBI, many victims of these crashes suffer head injuries with lasting consequences. 

What makes traumatic brain injury cases uniquely demanding from a legal standpoint is the gap between how the injury looks from the outside and how it actually affects the person living with it. Brain injuries rarely leave obvious visible marks. Symptoms can evolve over weeks or months. Cognitive changes, personality shifts, chronic pain, and emotional dysregulation may be dismissed or minimized, including by the insurance company handling the claim. 

A Lexington traumatic brain injury lawyer who understands both the medicine and the law is essential to making sure none of that complexity is used against you.

How Traumatic Brain Injuries Happen in Lexington County

A Lexington traumatic brain injury can result from any event that applies sudden force or impact to the head. The accidents and incidents our attorneys handle most frequently include:

• Motor Vehicle Crashes: Car accidents, truck collisions, and motorcycle crashes are a leading cause of serious TBI. High-speed roadways, including I-26, I-20, US-1, and SC-6, all of which carry substantial daily traffic through Lexington County, create conditions where crashes can produce the forces necessary to cause severe head trauma. Rear-end impacts, head-on collisions, and rollovers are particularly associated with brain injury.
• Slip, Trip, and Fall Accidents: Property owners throughout Lexington County are legally obligated to maintain reasonably safe conditions for visitors. When a fall on unsafe flooring, a broken step, or an unmarked hazard results in someone striking their head, the property owner may be held liable for the resulting traumatic brain injury.
• Workplace Accidents: Construction workers, warehouse employees, and workers in other physically demanding industries face a significant risk of head injuries from falling objects, machinery accidents, and falls from heights. Some TBI victims in the Lexington area are also eligible for workers’ compensation benefits in addition to a third-party personal injury claim.
• Truck and Commercial Vehicle Accidents: The weight and momentum of an 18-wheeler or other large commercial vehicle dramatically amplify the forces involved in a collision. TBIs from truck accidents are often among the most severe our Lexington traumatic brain injury lawyers handle.
• Pedestrian and Bicycle Accidents: A pedestrian or cyclist struck by a vehicle has almost no protection from head injury. Even at relatively low speeds, the impact can cause serious and lasting brain trauma.
• Defective Products: Helmets, vehicle safety systems, and other products that fail to perform as designed can cause or worsen a traumatic brain injury. In these cases, the manufacturer or distributor may bear liability in addition to, or instead of, another individual.
• Premises Liability and Negligent Security: Swimming pool accidents, sports facility incidents, and situations where inadequate security led to a violent assault causing head trauma can all give rise to a traumatic brain injury claim.

Recognizing TBI Symptoms After an Accident in Lexington

One of the most important things to understand about traumatic brain injuries is that the absence of immediate, obvious symptoms does not mean the injury is absent. Many serious TBIs do not fully reveal themselves until hours, days, or even weeks after the triggering event. This delay is one reason so many TBI victims initially do not seek the care they need, and later find themselves dealing with an injury that insurance companies use their delayed treatment history against.

Symptoms that may indicate a traumatic brain injury after any kind of accident include:

• Persistent, worsening, or unusual headaches
• Difficulty concentrating, following conversations, or retaining new information
• Sensitivity to light or noise
• Disrupted sleep patterns, either excessive fatigue or inability to sleep
• Irritability, mood swings, depression, or anxiety that were not present before the accident
• Blurred or double vision
• Ringing in the ears
• Nausea or vomiting
• Slurred speech or difficulty finding words
• Confusion, disorientation, or a feeling of mental “foggy.”
• Memory loss, including difficulty remembering the accident itself
• Seizures or loss of consciousness

If you or someone close to you experiences any of these signs after an accident, seek medical evaluation immediately. Prompt care protects your health and creates the documentation that is foundational to any future Lexington traumatic brain injury claim.

Compensation Available in a Lexington Traumatic Brain Injury Case

Traumatic brain injury claims regularly involve some of the most extensive damages in South Carolina personal injury law, because the costs, medical, financial, and human, are both enormous and long-lasting. A successful claim pursued by a Lexington traumatic brain injury lawyer may recover compensation for:

• Medical Costs: Emergency treatment, neurosurgical procedures, intensive care, inpatient rehabilitation, outpatient therapy, neuropsychological evaluations, medications, assistive devices, home healthcare, and the projected cost of all future care. In cases of severe TBI, future care expenses can dwarf the initial treatment costs.
• Lost Wages and Reduced Earning Capacity: Time missed from work during recovery, and, if the TBI has permanently impaired your ability to work at the same level, the projected long-term reduction in your earning potential. For younger victims or those in skilled professions, this figure alone can represent hundreds of thousands of dollars or more.
• Pain and Suffering: The physical pain, cognitive frustration, psychological anguish, and emotional distress that accompany a serious traumatic brain injury are compensable under South Carolina law. These non-economic damages often constitute the largest part of a traumatic brain injury settlement or verdict.
• Loss of Enjoyment of Life: If your TBI has taken away activities, hobbies, and experiences that were central to who you are, whether that means coaching your child’s team, enjoying Lake Murray on the weekends, or simply being fully present in your relationships, that diminishment has real legal value.
• Caregiver and Daily Living Support Costs: If your injury requires ongoing help from a professional caregiver or from a family member who has reduced their own working hours to provide care, those costs are part of your damages.
• Wrongful Death: When a traumatic brain injury proves fatal, surviving family members may bring a wrongful death action in South Carolina seeking compensation for funeral costs, the deceased person’s lost financial contributions to the family, and the irreplaceable loss of their companionship, guidance, and care.

South Carolina Law and Its Impact on Lexington Brain Injury Claims

South Carolina employs a modified comparative negligence standard. This means you can still recover damages even if you are partially at fault, as long as your fault is less than 51%. However, your final compensation will be reduced by your determined percentage of fault. For this reason, securing strong legal representation in Lexington is crucial to effectively challenge fault arguments and protect your right to maximum compensation.

In Lexington traumatic brain injury claims, insurance companies frequently use aggressive tactics to minimize their payouts. These tactics may include downplaying the severity of your injuries, arguing that pre-existing conditions are the cause, or offering swift, lowball settlements. While South Carolina law mandates that insurers act in good faith, experienced advocacy is often necessary in practice to ensure you secure fair compensation.

Under South Carolina law, victims in Lexington generally have three years from the date of injury to file a personal injury lawsuit. Failing to meet this critical deadline can completely bar you from recovery. Acting quickly also ensures that essential evidence, such as medical records, witness statements, and accident reports, is preserved, which significantly strengthens your case.

How Our Lexington Traumatic Brain Injury Lawyers Build Your Case

A traumatic brain injury claim demands a higher level of preparation, evidence gathering, and expert coordination than many other injury matters. Insurance companies invest considerable resources in minimizing TBI claims, particularly when the injuries are not visually obvious. Our approach at Stewart Law Offices accounts for all of this:

We work with qualified medical professionals, including neurologists, neuropsychologists, and life care planners, who can document the injury, connect it to the accident, project future care needs, and explain the real-world consequences of the TBI in terms a jury can understand. We gather all available evidence, from the initial incident report and first-responder records to every subsequent medical visit. We build a complete damage picture, including an economic analysis of long-term earnings impact. And we manage every interaction with the insurance company, protecting our clients from the pressure tactics and early-settlement traps these companies routinely employ.

Our Lexington personal injury lawyers serves clients throughout Lexington County, including the Town of Lexington, Cayce, West Columbia, Irmo, Chapin, Batesburg-Leesville, Pelion, and Gaston. If your injuries make it difficult to travel to our office, we can come to you.

Visit Our Traumatic Brain Injury Attorneys in Lexington, SC

Speak With a Lexington Traumatic Brain Injury Lawyer Today

Recovering from a traumatic brain injury is never easy. Medical bills, lost income, and the stress of dealing with insurance companies can feel overwhelming. Stewart Law Offices is here to shoulder that burden for you. Our attorneys combine decades of experience with a client-first approach, ensuring that every Lexington resident receives the respect, guidance, and strong advocacy they deserve.

If you or a loved one has suffered a TBI in Lexington, don’t wait to protect your rights. Reach out to Stewart Law Offices for a free consultation, and let us fight for the compensation you need to move forward with confidence.

FAQs About Lexington Traumatic Brain Injury Claims