Long-Term Impacts of Brain Injuries
Brain injuries can range in severity, but even a concussion can be fatal when a victim does not receive the appropriate medical care. Even when a brain injury is not life-threatening, it may confer impacts that affect how the victim is able to live their life. These consequences can often prevent a victim from returning to their previous job and reduce their earning capacity.
Consequences of brain injuries may include:
- Cognitive problems, including issues with memory or concentration
- Motor skill impairments, including issues with walking or speaking
- Behavioral changes, including mental health issues
- Sensory difficulties, including heightened sensitivity to stimuli or loss of hearing or vision
- Loss of energy or stamina
Recovering Damages for Brain Injuries Through a South Carolina Personal Injury Claim
If your condition was caused by another party’s negligence or recklessness, our South Carolina brain injury attorneys can help you file a personal injury claim. You may have a case if the other party owed you a legal duty of care, and their violation of that duty resulted in your sustaining a brain injury. This commonly occurs when a negligent driver’s failure to follow traffic rules results in an accident, for example.
You must act quickly if you intend to bring a personal injury claim for a brain injury. In South Carolina, you only have three years from the date of the accident to file a lawsuit. If the existence of a brain injury is not immediately apparent, the state’s discovery rule allows you three years from the date you discovered (or should have discovered) the brain injury to start the legal process. For medical malpractice cases, you cannot sue after six years have passed from the date of the negligent act, even if a brain injury is discovered later.
Through a personal injury claim, our dedicated team at Stewart Law Offices can fight to get you compensation for all losses, including:
- Past, current, and future medical expenses
- Lost income
- Lost earning capacity
- Property damage
- Physical pain and suffering
- Emotional distress
- Loss of consortium
If you have suffered a serious brain injury in an accident, do not wait to get legal advice. Call 866-783-9278 or
contact us online to explore your options today.
Securing Workers’ Compensation Benefits For Brain Injuries In South Carolina
If you sustained a brain injury due to an accident at work, you cannot file a personal injury lawsuit against your employer, even if they were at fault. Workers’ compensation is an alternative remedy that can help relieve the financial burdens that come with brain injuries, and, unlike personal injury claims, you do not have to prove fault. You are likely covered by workers’ compensation insurance and have a right to file a claim if you were an employee at the time of the accident and your employer has at least four employees.
You must report any work-related injury to your employer within 90 days, but it is in your best interest to do so, in writing, as soon as possible. If you wait too long to report, benefits may be denied. Workers’ compensation will cover your medical expenses, but your employer’s insurer will get to choose your care providers. If you are no longer able to work, you may also qualify for temporary or permanent disability benefits.
You may encounter obstacles as you attempt to obtain workers’ compensation benefits. Your employer may claim you are not covered, your claim may be unjustly denied, or the doctor chosen by the insurer may downplay the severity of your brain injury, preventing you from receiving the care and disability benefits you need. Our South Carolina brain injury lawyers understand how to strategically navigate workers’ compensation conflicts and will aggressively advocate for you from beginning to end.
