If you or someone you love has suffered a brain injury because of someone else’s careless actions, you may be feeling overwhelmed. It’s okay to feel scared, confused, or unsure about what comes next. This time can be hard for both the injured person and their family. You might be dealing with medical bills, time away from work, or changes in how your loved one thinks or behaves. You are not alone. Many people in South Carolina have faced the same struggle, and there is help available to guide you through it.
Understanding what a brain injury means
A brain injury can change a person’s life. Some brain injuries happen suddenly after a fall, a car crash, or a blow to the head. Others happen slowly over time. Some people recover quickly, while others take months or even years. Brain injuries can affect the way someone talks, thinks, moves, or feels. Some people may have trouble remembering things. Others might feel dizzy, sad, or angry for no clear reason.
When someone else causes a brain injury, the injured person has the right to take legal action. This is called a brain injury lawsuit. In South Carolina, there is a clear process to follow. This process helps make sure that the injured person has a chance to be treated fairly and get help with medical care, lost income, and other needs.
What needs to be proven in a brain injury case
To win a brain injury lawsuit, the injured person or their family must show that someone else was at fault. That means proving that the other person did something wrong or failed to act when they should have. For example, if a driver was texting and caused a car crash, they may be responsible. Or if a store didn’t clean up a wet floor and someone slipped and fell, the store might be to blame.
Next, it must be shown that the other person’s actions caused the brain injury. This can be done using medical records, doctor notes, and other proof. It’s also important to show how the injury has changed the person’s life. This might include time missed from work, changes in mood, pain, or needing help to do everyday tasks.
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Learn more about our attorneysHow the lawsuit begins
The first step is meeting with a legal team who understands these types of injuries and the South Carolina legal system. They will listen to your story, look at your medical records, and talk with you about what happened. If they believe you have a strong case, they will begin by filing a complaint with the court. This complaint explains what happened, who was involved, and what kind of help you are asking for.
Once the complaint is filed, the person or business you are suing will be told about it. They will then have time to respond. Sometimes they admit they were at fault. Other times, they deny it. When that happens, the case may take longer, and more work is needed to gather evidence and prepare for trial.
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.
—Rob Young
I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
— Jen
I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
— Lindsey
What happens during the investigation
After the lawsuit is filed, both sides will share information. This part is called discovery. It includes interviews, written questions, and requests for documents. The goal is to find out the truth and make sure everything is fair. You might need to answer questions, provide medical records, or take part in a medical exam. Your legal team will help you every step of the way.
Doctors and other witnesses may also be asked to speak about your injury. They can explain how serious the brain injury is, how it happened, and what kind of care is needed in the future. These details can help the court understand the full impact of the injury on your life.
Trying to settle the case before trial
Before going to trial, both sides often try to settle. A settlement is when the person or company being sued agrees to pay money without going to court. This can help save time and reduce stress. Many brain injury lawsuits end this way. If a fair amount is offered, your legal team will talk with you about whether it makes sense to accept it.
Sometimes, a settlement cannot be reached. If that happens, your case may go to trial. A judge or jury will listen to both sides and decide if the other person was at fault and how much money should be paid. While a trial can be tough, it also gives you a chance to share your story and fight for what you deserve.
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How long the process takes
Filing a brain injury lawsuit in South Carolina takes time. Some cases settle in a few months, but others can take more than a year. The timeline depends on how complex the injury is, how many people are involved, and how willing the other side is to work toward a solution. While waiting can be hard, your legal team will keep you informed and support you through each step.
It’s also important to act quickly. In South Carolina, you usually have three years from the time of the injury to file a lawsuit. If you wait too long, you might lose the right to take legal action.
There are some exceptions to this rule, which is why it’s a good idea to talk with a lawyer as soon as you can.
What kind of compensation can be recovered
A brain injury lawsuit can help cover many costs. This might include money for hospital stays, doctor visits, therapy, and medicine. If you had to miss work, you may be able to get back the income you lost. If the injury has changed your ability to work in the future, that can also be part of your claim. You may also ask for money for pain, suffering, and the loss of enjoyment in life.
In very serious cases, a court may also award extra money called punitive damages. This is meant to punish the other person if their actions were very reckless or harmful. Every case is different, and the amount of compensation depends on the facts and the law.
Verdicts & Settlements
How your story and voice matter
When someone suffers a brain injury, they may feel like their world has turned upside down. But the truth is, your story matters. Your experience is real, and you deserve to be heard. Filing a lawsuit isn’t just about money. It’s about justice. It’s about making sure the person or company that caused harm is held responsible. It’s also about helping your family move forward and getting the care and support you need.
A strong legal team will take the time to learn about you, your family, and how this injury has changed your life. They will help you gather evidence, deal with paperwork, and face each challenge with strength. They will work hard to give your case the best chance of success.
What you can do right now
If you are reading this and wondering what to do next, the most important step is to speak with someone who can help. Waiting too long or trying to handle everything on your own can make the process harder. Your health and your future matter.
At the end of the day, a brain injury lawsuit is about protecting your rights. If someone else’s actions caused this harm, you have the legal right to ask for help and support. You do not have to walk this path alone. The legal process may seem confusing, but with the right guidance, you can make it through.
Christian & Christian Law understands what you are going through and is here to support you. We care about your story and are ready to fight for the outcome you deserve. If you or a loved one has suffered a brain injury in South Carolina, reach out to our team today. Let us help you take the first step toward healing and justice.