- Concussions: Often caused by a blow to the head or a sudden jolt, concussions are the most common type of TBI. Though classified as “mild,” they can lead to serious long-term effects if untreated.
- Contusions: These are bruises on the brain, typically resulting from a direct impact. Severe contusions may require surgical removal.
- Diffuse Axonal Injury (DAI): This injury involves widespread damage to the brain’s white matter and occurs when the brain rapidly shifts inside the skull. DAIs can result in a coma or permanent brain damage.
- Penetrating Injuries: These injuries occur when an object penetrates the skull and brain tissue. Common in violent accidents, these injuries are often life-threatening.
- Coup-Contrecoup Injury: This type of TBI happens when the force of impact causes the brain to strike both sides of the skull, resulting in multiple areas of injury.
Common Causes of TBI
At Smith Born Leventis Taylor & Vega, LLC, we’ve helped clients in Columbia, SC, recover from TBIs caused by a variety of incidents, including:
- Motor Vehicle Accidents: Car, motorcycle, truck, and pedestrian accidents are some of the leading causes of traumatic brain injuries.
- Falls: Slips, trips, and falls—especially in elderly individuals—are a major contributor to TBIs. This includes accidents in nursing homes, workplaces, or unsafe public spaces.
- Workplace Accidents: In industries like construction, manufacturing, or transportation, head injuries are a serious risk. Employers must adhere to safety standards to protect workers.
- Sports Injuries: Athletes, particularly in contact sports like football or boxing, are at increased risk of concussions and other brain injuries.
- Assaults: Violent acts such as domestic violence, gunshot wounds, or physical assaults can result in devastating brain injuries.
- Medical Malpractice: Failure to properly monitor patients, administer anesthesia, or recognize oxygen deprivation during surgery can lead to TBI.
Long-Term Effects of Brain Injuries
The consequences of a TBI can last a lifetime. Depending on the severity of the injury, victims may experience:
- Cognitive impairments, such as memory loss, reduced attention span, poor judgment
- Emotional challenges like depression, anxiety, mood swings
- Physical disabilities, including motor dysfunction, seizures, chronic headaches
- Speech and language issues
- Changes in personality and behavior
- Increased risk of neurodegenerative diseases, such as Alzheimer’s or Parkinson’s
These long-term effects can diminish a person’s quality of life and affect their ability to work, maintain relationships, and enjoy daily activities. That’s why working with a skilled Columbia brain injury lawyer can be critical to ensuring full and fair compensation.
FAQs About Brain Injury Claims in Columbia, SC
Do I need a lawyer for a brain injury claim?
Yes. TBI cases are complex and often involve high medical costs, future care needs, and loss of income. A Columbia brain injury lawyer can help build a strong case, negotiate with insurance companies, and advocate for your maximum compensation.
What types of compensation (damages) can I recover?
In South Carolina brain injury claims, potential compensation can include:
- Medical expenses (past and future)
- Lost wages and future earning capacity
- Pain and suffering and emotional distress
- Loss of enjoyment of life
- Long-term care costs
How much is a brain injury case worth in Columbia, SC?
Compensation depends on factors like the severity of the injury, cost of medical treatment, lost wages, and long-term impact on your life. Cases can range from tens of thousands to several million dollars.
What kind of evidence is needed to support a brain injury claim?
To prove your case, you generally need evidence showing that someone else’s negligence caused your injury. Important evidence may include:
- Medical records documenting the brain injury and treatment
- Official accident reports
- Photos or videos of the scene and injuries
- Witness statements
- Expert testimony from medical professionals
- Documentation of financial losses (e.g., medical bills and lost income).
What if the brain injury occurred at work?
You may be eligible for workers’ compensation and possibly a third-party personal injury claim if another party was responsible for the injury.
Is there a time limit to file a brain injury lawsuit in South Carolina?
Yes. In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. It's important to act quickly to preserve evidence and protect your rights.
Does comparative negligence affect my recovery?
Yes. South Carolina follows a modified comparative negligence rule, meaning your compensation can be reduced by your percentage of fault. If you are found 51% or more at fault, you generally cannot recover any damages.
Can a family member file a claim on behalf of an incapacitated victim?
Yes. If the injured party is unable to file due to mental or physical incapacity, a legal guardian or family member may pursue the claim on their behalf.
Can a brain injury claim be reopened if symptoms worsen after settlement?
Generally, no — most settlements and judgments are final once accepted, which is why it's critical to fully understand the long-term prognosis of a TBI, including delayed-onset symptoms, before resolving a claim. This is one reason our firm works closely with medical experts to project future complications before finalizing any settlement.
How does a brain injury affect a workers' compensation claim versus a personal injury claim?
If a TBI occurred on the job, a claim may proceed through South Carolina's workers' compensation system, which covers medical costs and a portion of lost wages regardless of fault. However, if a third party outside the employer contributed to the injury — such as a negligent driver during a work-related errand — a separate personal injury claim may also be available.
What role do neuropsychological evaluations play in a TBI case?
Neuropsychological testing helps document cognitive deficits that aren't always visible on imaging, such as memory loss, impaired judgment, or attention difficulties. These evaluations are often critical pieces of evidence in proving the full extent of a brain injury's impact on a victim's daily life and ability to work.
Why Choose Smith Born Leventis Taylor & Vega for Your Brain Injury Case
Brain injury claims are among the most complex cases in personal injury law, often requiring extensive medical documentation, life-care planning, and expert testimony to accurately value what a victim has lost.
Our founding partners, William L. Smith II, Jacob D. Born, Peter P. Leventis IV, George A. Taylor, and C. Daniel Vega, together with attorneys James Sproat, James George Jr., R. Lawton Harper, Virginia Kendall, Michael Swindell Sr., and Mark T. Arden, bring decades of combined experience handling serious and catastrophic injury claims throughout South Carolina.
Several of our attorneys are recognized among Million Dollar and Multi-Million Dollar Advocates and remain active in organizations such as the South Carolina Association for Justice — credentials that reflect a depth of trial experience that matters when a case involves lifelong medical needs rather than a straightforward injury claim.
Our Results in Catastrophic and Serious Injury Cases
Traumatic brain injury cases often require going beyond a quick settlement, because the true cost of a TBI — lifelong care, lost earning capacity, cognitive rehabilitation — frequently exceeds what insurance companies initially offer.
Smith Born Leventis Taylor & Vega has a track record of pursuing full value in serious injury cases, including a $4,000,000 wrongful death settlement in a trucking accident, a $2,800,000 workers' compensation recovery, and a $2,550,000 premises liability verdict secured in federal court. These results reflect our firm's willingness to build a comprehensive case — supported by medical experts, life-care planners, and economic analysis — rather than accepting an early offer that fails to account for a client's long-term needs.
Contact a Columbia Brain Injury Lawyer Today
If you or a loved one has suffered a traumatic brain injury due to another’s negligence, don’t wait. The road to recovery is difficult—but you don’t have to walk it alone. Let Smith Born Leventis Taylor & Vega, LLC help you navigate your legal options and pursue justice.
Contact our Columbia brain injury attorneys at for a free consultation.
