Traumatic Brain Injury (TBI) Lawyer
in South Carolina

Traumatic Brain Injury lawyer David L. Hood knows how difficult it can be to deal with the immediate and long-term effects of a serious TBI-related injury. 

South Carolina TBI Lawyer Seeks Justice For Accident Victims

South Carolina Traumatic Brain Injury Attorney Provides a Skilled and Focused Legal Team

When you or someone you love has a traumatic brain injury (TBI), it can feel overwhelming. A TBI can change lives in an instant, affecting everything from health and personality to financial stability. If a TBI happened because of someone else’s negligence, you might have the right to pursue legal action to help cover medical bills, lost income, and other damages.

Traumatic brain injury lawyer David Hood and his co-counsel know the ins and outs of the medical and legal issues involved in TBIs. Let them put their over 30 years’ experience to work for you and your family!

What is a TBI?

A traumatic brain injury (TBI) happens when there’s a sudden jolt or blow to the head that disrupts the brain’s normal function. These injuries range from mild concussions to severe cases that lead to long-term health problems or disabilities. TBIs are often classified based on their severity, such as mild, moderate, or severe, depending on symptoms and the damage seen on brain scans.

The U.S. Centers for Disease Control and Prevention (CDC) estimates:

• There are upwards of 214,000 TBI-related hospitalizations and 69,000 TBI-related deaths each year in the United States.
• People 75 years of age and older have the highest rates of TBI-related hospitalizations and deaths, accounting for about 32% of hospitalizations and 28% of TBI-related deaths.

What causes a TBI?

Traumatic brain injuries can occur in many ways. Some common causes include:

• Car accidents – A major cause of TBIs, especially when drivers or passengers hit their heads.
• Falls – Falling from a height or slipping can result in a blow to the head, especially common in elderly adults and young children.
• Sports injuries – Contact sports, like football or hockey, can lead to concussions or other brain injuries.
• Violence – Assaults or incidents of domestic violence can also lead to TBIs.
• Workplace accidents – Jobs involving heavy machinery or falls can be a risk for brain injuries.
• Recreational Accidents – Activities like ATV riding or biking without helmets are dangerous.

Classifications of head trauma

Head injuries can vary from mild to severe, and they can happen in many different ways. To understand head injuries better, doctors classify them into specific categories. These classifications help medical professionals determine the best treatment and care:

Closed Head Injury

A closed head injury occurs when the head experiences a blow or a jolt but does not break the skull. These injuries are common in car accidents, falls, and sports incidents. Shaken baby syndrome is an example of a closed head injury. Even though the skull stays intact, the brain can still be damaged. Swelling or bleeding in the brain can also occur, leading to serious complications.

Symptoms of a closed head injury include headaches, dizziness, nausea, confusion, or memory problems. If you or someone you know experiences these symptoms after a head impact, it’s important to see a doctor right away.

Common types of closed head injuries:

Concussions: The most well-known type of TBI. A concussion occurs when the brain is shaken inside the skull, often due to a blow to the head. Symptoms of a concussion include headaches, dizziness, confusion, and sensitivity to light or sound. Concussions are considered mild TBIs, but repeated injuries can lead to long-term problems, like memory loss or difficulty concentrating.

There are six different kinds of concussions:

• Vestibular concussions
• Cognitive/fatigue concussions
• Anxiety or mood concussions
• Post-traumatic migraine concussions
• Ocular concussions
• Cervical concussions

Brain Contusion: A bruise on the brain caused by direct impact. This type of TBI often occurs in car accidents or falls. Depending on the severity, a contusion can cause swelling, nausea, difficulty speaking, or changes in behavior. Severe contusions might need surgery to remove clotted blood or relieve pressure on the brain.

Diffuse Axonal Injury: Diffuse axonal injuries (DAIs) happen when the brain moves rapidly inside the skull, stretching and tearing nerve fibers. This type of TBI often occurs in car crashes or violent shaking. DAIs can disrupt how the brain sends signals, leading to serious issues like loss of consciousness or long-term cognitive problems. In severe cases, the injury can result in a coma.

Coup-Contrecoup Injury: Coup-contrecoup injuries occur when the brain is damaged at the point of impact (coup) and the opposite side (contrecoup). For example, if someone’s head hits a steering wheel in a car accident, the brain might hit the front of the skull and then bounce back, hitting the rear. These injuries can cause swelling, bleeding, and lasting neurological issues, depending on the force of the impact.

Open head injuries

Open head injuries are a serious type of brain injury that occurs when an object breaks through the skull and reaches the brain. These injuries are often life-threatening and require immediate medical attention. Understanding what causes them, their symptoms, and how they’re treated can help you recognize the seriousness of the situation.

Common types of open head injuries

Penetrating brain injury: A penetrating head injury happens when an object pierces the skull and enters the brain. Examples of penetrating head injuries include gunshot wounds, accidents with sharp objects, or a stabbing. The damage can vary depending on the size and speed of the object, as well as which part of the brain is affected.

These injuries are very serious and often life-threatening. Immediate medical care is crucial. Surgery may be needed to remove the object, stop bleeding, or repair damage to the brain and skull.

People who survive a penetrating head injury may face long-term challenges, such as difficulty speaking, memory loss, or physical disabilities. Rehabilitation can help improve these conditions over time.

Perforating head injury: A perforating head injury is similar to a penetrating injury but even more severe. In this case, the object not only enters the skull but also exits it, creating an entry and exit wound. These injuries are rare and often occur in high-speed accidents or violent incidents. Examples: a gunshot that enters and exits the head, impalement by a sharp object that goes all the way through the head, and debris from an explosion.

The damage is usually extensive, affecting large areas of the brain. Because of the severity, the chances of survival are much lower than with other types of head injuries.

If someone does survive a perforating head injury, they will likely need intensive medical care, surgeries, and rehabilitation to regain basic functions.

TBI levels of severity

TBIs are often grouped into levels based on their severity and the type of injury. Understanding these categories can help you recognize the range of effects TBIs may have on someone’s life:

• Mild TBI (MTBI): Sometimes referred to as a concussion, a mild TBI may cause temporary confusion, headache, dizziness, or nausea. Most people recover fully, but repeated mild TBIs can lead to serious complications.
• Moderate TBI: This type of injury can lead to prolonged confusion, memory loss, and other cognitive challenges. It often requires more intensive treatment and can result in longer-term issues.
• Severe TBI: A severe TBI can cause a range of lasting effects, from physical disabilities to severe memory loss, and even changes in behavior or personality. These injuries may require lifelong care and rehabilitation.

TBI symptoms

The symptoms of a TBI can vary based on the severity and part of the brain affected. Common symptoms include:

• Physical symptoms: Headaches, dizziness, nausea, vomiting, fatigue, or issues with balance.
• Cognitive symptoms: Confusion, memory loss, trouble concentrating, or difficulty thinking clearly.
• Sensory symptoms: Blurred vision, ringing in the ears, changes in taste or smell, or sensitivity to light and sound.
• Emotional and behavioral symptoms: Mood swings, irritability, sadness, anxiety, or personality changes.

What to do after hitting your head

If you or someone else hits their head, here’s what to do:

1. Check for symptoms: Watch for signs of confusion, dizziness, nausea, or changes in vision. Even if symptoms seem mild, it’s important to take them seriously.

2. Seek medical attention: Even a small impact can lead to serious issues. A doctor can perform tests and scans to check for signs of brain injury.

3. Avoid further strain: Resting is key after a head injury to give the brain time to heal. Avoid activities that could lead to another impact or strain the brain, like physical exercise or intense concentration.

4. Follow up: If symptoms worsen or new symptoms appear, seek medical attention again. Sometimes, symptoms can develop slowly over days or weeks.

5. If the TBI was the fault of someone else, give traumatic brain injury lawyer David L. Hood a call. Put Attorney Hood and his co-counsel legal team to work for you today!

Long-term effects of a TBI

For some people, a TBI can lead to long-term health issues that require ongoing care. Long-term effects may include:

• Physical impairments: Trouble with balance, coordination, chronic headaches, or seizures.
• Cognitive changes: Issues with memory, attention, planning, and problem-solving.
• Emotional and behavioral changes: Mood swings, depression, anxiety, and challenges with social interactions.
• Sensory changes: Lasting problems with vision, hearing, taste, or smell.

TBIs can impact your or your loved one’s ability to work, complete daily tasks, or enjoy the same quality of life they had before the injury.

If you or someone close to you has suffered a TBI (and it wasn’t your or their fault), call traumatic brain injury lawyer David L. Hood today. Let David and his co-counsel work to get you all the compensation you deserve!

Secondary brain damage

Secondary damage from a TBI results from processes that occur in the brain after the initial trauma. This can occur over a period of hours or days after the primary brain injury. Some examples of secondary damage:

Hemorrhagic progression of a contusion

After a TBI, bruising in the brain (a contusion), can worsen over time. This worsening is called hemorrhagic progression (or bleeding) of a contusion (HPC). In this process, small blood vessels near the injury continue to bleed, causing the bruise to expand. This expansion can increase the pressure inside the skull and damage healthy brain tissue.

HPC is often hard to predict but can be monitored with imaging tools like CT scans. Treating it early is important to prevent long-term complications, such as cognitive impairments or physical disabilities.

A breakdown in the blood-brain barrier

The blood-brain barrier is a protective layer that helps keep harmful substances in the blood from entering the brain. After a TBI, this barrier can break down. When this happens, toxins, inflammatory cells, and other harmful substances can leak into the brain. This breakdown can lead to swelling, inflammation, and further injury to brain cells. Over time, the damage can contribute to memory problems, difficulty concentrating, and even an increased risk of conditions like epilepsy. Treatments to protect and repair the blood-brain barrier are an important area of research.

Increased intracranial pressure

The brain is surrounded by fluid and enclosed in the skull, which doesn’t allow for much extra space. After a TBI, swelling or bleeding (hematoma) can increase the pressure inside the skull. This is known as increased intracranial pressure (ICP). When ICP rises, it can compress brain tissue and restrict blood flow, depriving the brain of oxygen and nutrients. High ICP can cause severe headaches, vomiting, confusion, or even loss of consciousness. In extreme cases, it can be life-threatening. Medical professionals may use treatments such as medication or surgery to reduce ICP and protect the brain.

Laws for traumatic brain injury in SC

South Carolina has specific laws to address TBIs, especially when caused by accidents, negligence, or criminal acts.

Personal injury laws

If a TBI is caused by someone else’s negligence ( or fault ), South Carolina’s personal injury laws allow victims to seek compensation. Negligence means someone failed to act responsibly, and their actions led to an injury. For example:

• Car accidents: A driver who was speeding or distracted.
• Workplace injuries: Unsafe conditions on a job site.
• Slip and falls: A store owner not cleaning up spills.

Workers’ compensation

If a TBI happens at work, South Carolina’s workers’ compensation system may provide benefits. Workers’ compensation covers medical expenses, lost wages, and disability benefits. Victims do not need to prove negligence; they only need to show that the injury happened on the job.

Medical malpractice

Medical malpractice happens when a healthcare provider fails to meet the standard of care, leading to injury or harm. A TBI can result from several types of medical negligence, including:

• Surgical Errors: Mistakes during brain or head surgery can lead to physical trauma to the brain. Errors like using the wrong tools or damaging healthy brain tissue can cause lasting damage.
• Anesthesia Mistakes: Improper use of anesthesia can deprive the brain of oxygen. Even a few minutes without oxygen can result in a condition called hypoxic brain injury, a type of TBI.
• Delayed Diagnosis: Failing to diagnose a stroke, brain infection, or head injury in time can allow the condition to worsen, resulting in preventable brain damage.
• Birth Injuries: During childbirth, improper use of forceps or failing to address complications like oxygen deprivation can cause traumatic brain injuries in newborns.

Traumatic brain injury lawyer David L. Hood and his co-counsel have years of experience dealing with the complex laws of South Carolina and are here to help you. Give us a call today for your free initial consult!

How to prove a brain injury

Proving a TBI in a legal case can be challenging, but several types of evidence can support your claim:

1. Medical records: Diagnosis records, medical imaging (like CT scans or MRIs), and treatment plans are essential.

2. Doctor’s testimony: A neurologist or other medical professional can explain how the injury impacts your brain function and daily life.

3. Witness statements: If people saw the accident or have noticed changes in your behavior or abilities, their statements can be valuable.

4. Psychological evaluations: Cognitive tests and mental health assessments help show the injury’s impact on your thinking, memory, and emotional state.

An experienced attorney should know how to gather and present this evidence to help prove your claim. Call The Law Offices of David L. Hood, your traumatic brain injury lawyer today!

Types of damages in a traumatic brain injury lawsuit

In a TBI lawsuit, you may be eligible for various types of compensation, also called “damages”:

• Medical expenses: Costs for hospital stays, surgeries, medication, therapy, and ongoing care.
• Lost wages: If the injury affects your ability to work or causes you to lose income.
• Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
• Loss of enjoyment of life: If the TBI prevents you from enjoying activities you used to love.
• Loss of future earnings: If the injury limits your long-term ability to work or impacts your career prospects.

An attorney can help you calculate the damages you may be entitled to, based on your specific case. Traumatic brain injury lawyer David L. Hood and his co-counsel can help you with this. Contact us and get the answers you need in your free initial consultation!

TBI prevention

While some injuries are unavoidable, there are steps you can take to reduce the risk of a TBI. Preventing a traumatic brain injury starts with simple safety measures:

Wear Protective Gear

One of the easiest ways to protect yourself from a TBI is by wearing the right gear during activities that could lead to a head injury, like sports, riding on a bike, skateboard, ATV, or in the workplace. Make sure you know what protective equipment is needed for any of these activities.

Prevent Falls at Home

Falls are a leading cause of TBIs, especially for older adults and young children. To prevent falls,

• Install handrails on stairs and in bathrooms.
• Use non-slip mats in the bathtub or shower.
• Keep your home free of clutter to avoid tripping hazards.
• Ensure good lighting throughout your home

Drive Safely

• Always wear your seatbelt.
• Avoid distractions like texting or eating while driving.
• Never drive under the influence of drugs or alcohol.
• Follow speed limits and traffic laws.

Protect Young Athletes

For children involved in sports, parents and coaches should always make safety first:

• Teach proper techniques to avoid head injuries.
• Enforce rules that prevent dangerous play.
• Ensure that young athletes have time to rest and recover after a hit to the head.

Be Mindful of Everyday Risks

• Wear a helmet when skiing, snowboarding, or riding a horse.
• Store heavy objects on lower shelves to prevent them from falling.
• Use a ladder safely by placing it on a stable surface and not overreaching.

Statute of limitations in SC

The statute of limitations is the time limit you have to file a lawsuit. In South Carolina, you generally have two to three years from the date of your injury to file a personal injury claim. Missing this deadline means you could lose your right to seek compensation.

There are some exceptions to the rule. For instance, if the injured person was a minor or if there was a delay in discovering the injury, the time limit may be extended. Speaking with a TBI attorney can help you understand how the statute of limitations applies to your case. Don’t wait and take a chance on missing the statute of limitations. Call traumatic brain injury lawyer David L. Hood today!

Do I need an attorney for my TBI case?

While it’s possible to file a claim without an attorney, TBI cases are often complex and challenging to handle alone. An experienced traumatic brain injury attorney can help by:

1. Gathering evidence: They should know what kind of evidence is needed to prove the impact of a brain injury.
2. Dealing with insurance companies: Insurers may try to offer a low settlement. A skilled lawyer can negotiate to help you get fair compensation.
3. Calculating damages: They can assess all potential losses, including future medical needs and lost earnings.
4. Representing you in court: If your case goes to trial, an attorney should be able to present your case to the jury effectively.

Hiring a TBI attorney should give you the best chance of receiving all the compensation you  deserve and cover your losses and adjust to life after a traumatic brain injury. Call The Law Offices of David L. Hood, your traumatic brain injury lawyer today!

How Can a Traumatic Brain Injury Attorney Help?

Navigating a TBI claim can be complicated. An attorney who specializes in TBI cases should understand the medical and legal aspects involved and work to build a strong case on your behalf. Here’s how they can assist:

• Assessing Your Case: A TBI attorney will review the details of your injury, including medical records, to understand the impact on your life. They should also be able to get the experts needed to maximize the value of your case.
• Calculating Damages: Medical bills and rehabilitation costs for a TBI can add up quickly. An attorney can help calculate these costs, along with lost wages and other expenses. A life care planning expert should be able to put all of these damages in a thorough report for you.
• Negotiating with Insurance Companies: Insurance companies may not always offer a fair settlement, but an experienced attorney can negotiate on your behalf to seek fair compensation.
• Representing You in Court: If a fair settlement can’t be reached, your attorney can take your case to court and advocate for your rights.

Traumatic brain injury lawyer, David L. Hood and his co-counsel know how to navigate TBI cases. Call us today!

Why Choose a South Carolina TBI Attorney?

Choosing a local attorney is important because they understand South Carolina’s specific laws and regulations. They are also familiar with local courts and statewide medical experts who can support your case. With the right TBI attorney in SC, you can feel more confident that your case is being handled with care and expertise.

Frequently Asked Questions:

The Law Offices of David L. Hood, Traumatic Brain Injury Lawyer in South Carolina

A traumatic brain injury can change your life, but you don’t have to face the legal process alone. Understanding your legal options is essential to securing the compensation you deserve. With the support of a knowledgeable traumatic brain injury lawyer in South Carolina, you can pursue compensation to help you or your loved one on the road to recovery.

Reach out to The Law Offices of David L. Hood to learn more about your options and protect your future. Traumatic Brain Injury lawyer David L. Hood and co-counsel can help you understand your options and work toward fair compensation. Contact any of our South Carolina locations for a free consult. Our firm can be reached by phone, email, text or chat 24/7. It’s important to gather the evidence as soon as possible, so don’t wait!