You can file a claim for a brain injury in South Carolina by collecting evidence, receiving medical attention, consulting a personal injury lawyer, and seeking compensation from the at-fault party’s insurance company.
It’s also important to do all of this within the state’s statute of limitations. If you are interested in pursuing compensation in your case, a North Charleston personal injury lawyer is the one to call.
The sooner you contact an attorney, the sooner your legal counsel can help you file a claim for your brain-related injuries.
Who Can File a Brain Injury Claim in South Carolina?
In South Carolina, people who have suffered brain injuries as the result of someone else’s negligence or recklessness can file a personal injury claim. This often includes a wide array of personal injury incidents.
If the victim is incapacitated or otherwise unable to file their own claim, family members and legal representatives can pursue legal action on the victim’s behalf. Similarly, if a brain injury results in death, the victim’s surviving family members can file a wrongful death claim.
Claims of this nature seek compensation for funeral expenses, loss of companionship, and other damages suffered by the deceased’s loved ones.
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What Evidence Is Needed to Support a Brain Injury Claim?
To successfully pursue a brain injury claim, you must provide compelling evidence that another party’s negligence directly caused your injuries. These are examples of important pieces of evidence involved in these cases:
- Medical records: Documentation from medical professionals that details the severity of your brain injury—as well as any and required treatments—can help with your case.
- Accident reports: Your lawyer may request official reports from law enforcement, workplace safety agencies, or property owners.
- Witness statements: Testimonies from individuals who saw the accident unfold can contribute verbal and written statements.
- Professional testimonies: Medical staff, accident reconstructionists, and economic professionals can provide insight into the impact of your injuries.
- Photographs and videos: Visual evidence of the accident scene, the injuries you sustained, and any damages that the incident caused can help back your claim.
- Financial documentation: Proof of lost wages, medical bills, rehabilitation costs, and other expenses related to your injury can show the multifaceted impact of the accident.
How Is Liability Determined in a Brain Injury Case?
Establishing liability in a brain injury case requires proving negligence. Here’s what your brain injury attorney in North Charleston must prove in order to demonstrate which party is responsible for your injuries:
- Duty of care: The defendant had a legal responsibility to act in a reasonable manner to prevent harm.
- Breach of duty: The defendant failed to uphold their duty of care by engaging in negligent actions or inactions.
- Causation: The breach of duty directly resulted in your brain injury.
- Damages: You—as the victim—suffered measurable losses, such as medical expenses, lost wages, or pain and suffering.
Once the at-fault party has been identified, your attorney can pursue compensation from the person—or people—responsible for your injuries. However, in doing so, the at-fault party’s insurance company will likely prioritize their bottom line over offering you a fair settlement.
They may attempt to shift blame, argue that your injuries are not as severe as you’ve said they are, or even try to use your own statements against you. They can also go so far as to delay the claims process, pressure you into accepting less, or dispute the necessity of your treatments.
Without proper legal representation, these tactics can leave you with far less compensation than you need—not to mention deserve—for your medical expenses, lost wages, and long-term care. Having an attorney on your side can level the playing field and ensure that your rights are protected.
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How Long Do You Have to File a Brain Injury Claim in South Carolina?
The statute of limitations for personal injury claims in South Carolina is three years from the date of the injury. This means you must file your claim within 36 months. Otherwise, you could risk losing the right to seek compensation altogether.
However, there are a few exceptions. For instance, if the brain injury was caused by medical malpractice, the statute of limitations might begin from the date the injury was discovered. Also, if the claim is against a government entity, a shorter deadline may be applicable.
Meanwhile, if the victim is either a minor or a legally incapacitated individual, the statute of limitations could be extended. Since these deadlines are strictly enforced, it is very important to act promptly and hire an attorney if you want to protect your own legal rights.
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Reach Out to Our North Charleston Personal Injury Law Firm to File a Claim for a Brain Injury in South Carolina
Filing a brain injury claim in South Carolina requires a thorough understanding of how liability is proven, the way evidence is collected, and which legal deadlines apply to your case. While this process can be complicated, Your South Carolina Injury Law Firm is here to help.
The Thumbs Up Guys focus on achieving Results that Matter. Founded in 2018, we’ve recovered millions of dollars in compensation for people just like you, and we’re ready to represent you as you heal from your injuries.
The sooner you call us, the sooner we can start advocating for your rights as a personal injury victim. You deserve compensation for the damages you’ve had to face as a result of someone else’s behavior. Reach out today to schedule a consultation with our lawyers.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
