Delve into the process of filing a personal injury claim for a concussion in SC, including potential compensation and what to do if you’re partially at fault for the accident

Concussions are a serious concern for Columbia residents, especially those involved in vehicle collisions, slip and fall accidents, or accidents at work. Although this form of head injury is often considered mild, it’s nothing to take lightly. These traumatic brain injuries can have long-lasting effects on physical and cognitive health, impacting daily life and livelihoods. 

In this article, we’ll explore the steps involved in filing a South Carolina personal injury claim for a concussion, the potential compensation available, and what to expect if you’re partially at fault for the accident. Understanding your rights and legal options is crucial to seeking justice and fair compensation for concussion-related injuries.

If you have additional questions after reading this article or want help filing a claim, reach out to the knowledgeable Columbia personal injury attorneys at SBLTV to schedule a free consultation.

What is a concussion?

A concussion is a brain injury that occurs when a person experiences trauma to the head during an accident. It can occur after a crash, a fall on someone’s property, a sports activity, a work-related accident, or even an act of violence.

Even though concussions are often thought to be mild injuries, they can worsen without prompt medical attention, so it’s important to know how to promptly identify concussion symptoms after an accident. Depending on the situation and how hard a blow you received, they can vary, but the most common symptoms include:

In more serious cases, it’s possible to have concentration and long-term memory issues, sleep problems, personality changes, depression, sensitivity to light and sound, and changes in smell and taste.

Even if you believe you suffered a mild injury, seeking medical attention is crucial, as it can prevent your condition from worsening and ensure you have the necessary medical documentation of your injury if you plan on filing a lawsuit.

How much compensation can you get for a concussion?

A concussion can have significant consequences for your physical and mental health, and the medical treatment alone can be extremely costly. If someone else’s negligence, recklessness, or deliberate act of violence caused you to suffer an injury, you can file a legal claim to recover compensation. 

Compensation for a concussion can vary widely and is influenced by factors such as the injury’s severity, your medical costs, your lost income, and the levels of pain and suffering you endured. This compensation generally includes:

• Reimbursement for medical expenses (past and future)
• Compensation for lost wages and diminished earning capacity in the future
• Physical and emotional pain and suffering

Depending on the circumstances, a settlement amount can range from thousands to hundreds of thousands of dollars.

The best way to proceed is to consult with an experienced personal injury attorney to represent you in your case and protect your rights. A lawyer understands how to accurately assess the value of your claim, and they can use this knowledge to negotiate with the insurance company to limit your liability and maximize your compensation.

How do I claim for a concussion in South Carolina?

If you plan to file a lawsuit in a personal injury matter like a concussion accident in South Carolina, you’ll need to follow these basic steps:

1. Gather and preserve evidence. If you are physically able to do so after the accident, gather and preserve evidence related to your concussion and the circumstances surrounding the incident. This includes medical records, accident reports, witness statements, photographs of the scene, and any relevant correspondence.
2. Seek medical attention. Make sure to prioritize your health and safety by seeking medical care as soon as possible. Documenting your injury and following your doctor’s recommendations is essential for both your well-being and the success of your claim.
3. Consult with a personal injury attorney. Given the complexity of personal injury claims and the potential challenges associated with proving negligence and obtaining fair compensation, it’s crucial to consult with an experienced personal injury attorney early in the process. An attorney can assess the strength of your case, explain your legal options, and guide you through the claims process.
4. File a claim. With the guidance of your attorney, formally file a personal injury claim against the responsible party or parties. Your attorney will handle the necessary paperwork, communication with insurance companies, and negotiations on your behalf to seek a favorable outcome.
5. Litigation (if necessary). If a fair settlement cannot be reached through negotiation, your attorney may advise pursuing litigation by filing a lawsuit in civil court. Throughout this process, your attorney will advocate for your rights and work to secure the compensation you deserve for your concussion-related damages, including medical expenses, lost wages, pain and suffering, and more.

How long do you have to file a lawsuit in South Carolina after an accident?

In South Carolina, the statute of limitations is typically 3 years from the date of the accident leading to your injuries. If you fail to file a lawsuit within this timeframe, you may not be eligible to receive any compensation. A lawyer can ensure your claim is filed with the court within this time limit so your case will be heard.

Do I really need a personal injury attorney for a concussion lawsuit?

Yes, in most cases, if you sustain a concussion after an accident, it’s in your best interest to hire a personal injury attorney. Your lawyer can take care of all the red tape in your case while you focus on your recovery.

When your case involves an insurance company, you should never go it alone. Your attorney can communicate with an adjuster and negotiate the best compensation for your damages. Insurers typically won’t try to pull their usual tricks with personal injury lawyers, which gives you a better chance of a satisfactory settlement.

When seeking legal representation, make sure to explore your options by scheduling consultations with multiple lawyers. Take advantage of these complimentary meetings to assess each attorney’s expertise and determine the best fit for your case. Remember, personal injury lawyers typically operate on a contingency fee basis, so you only pay if your case results in a favorable outcome.

What about concussions that happen at work?

Concussions at work stemming from incidents such as falls, contact with heavy objects or equipment, or vehicular collisions during work-related activities may entitle employees in South Carolina to workers’ compensation benefits, which help cover medical expenses and a portion of lost wages.

However, the types of compensation, claims filing process, and deadlines for workers’ comp differ from personal injury claims, so it’s essential to consult with an experienced work injury attorney as soon as possible after an injury who can explain your legal options and protect your right to compensation.

Additionally, if the concussion was caused by a third party—like a negligent contractor or faulty equipment manufacturer—workers may have the option to file a workers’ comp claim and a personal injury lawsuit. This legal action can potentially recover additional damages not covered by workers’ compensation, including pain and suffering. 

Since both avenues offer different types of compensation and adhere to specific deadlines, professional legal advice is crucial to navigating these claims effectively.

FAQs about concussion lawsuits

Can I still receive compensation if I’m partly at fault for the accident?

South Carolina uses a legal principle called comparative negligence when determining fault, which means that even if you’re partly at fault for an accident that causes you to suffer injuries, you can still recover compensation.

However, you can only recover compensation for damages if you’re determined to be 50% or less at fault, and your compensation will be reduced according to the percentage of blame assigned to you.

So, if you’re determined to be 40% at fault in an accident that resulted in $100,000 worth of damages, your final compensation would be $60,000, or $100,000 minus 40% ($40,000).

What should I do if the insurance company offers me a settlement?

If an insurance company contacts you directly and offers you a settlement, you should not accept it before discussing it with an attorney. An attorney can give you a true estimate of the value of your claim and work to negotiate a better settlement if the offer isn’t fair. 

Insurance companies often offer settlements that are far below the actual value of your claim, hoping to minimize their own costs. By consulting with an attorney, you can ensure that you receive appropriate compensation for your injuries and losses.

How long does the process of a concussion lawsuit take?

All cases are different, and the duration of a concussion lawsuit can vary significantly depending on various factors, such as the complexity of the case, negotiations with the insurance company, and court proceedings. 

In general, it can take anywhere from several months to a few years to reach a resolution if the case goes to trial.

Suffering from a concussion after an accident in Columbia? We can help!

Dealing with the aftermath of a concussion can be overwhelming, especially when it’s the result of an accident caused by someone else’s negligence. But you don’t have to navigate this journey alone. 

At Smith, Born, Leventis, Taylor, and Vega, we’re more than just attorneys—we’re your advocates and your voice for justice. Let our experienced Columbia personal injury attorneys fight for your rights and help you secure the settlement you’re entitled to. 

Reach out to us today to schedule a free consultation to learn how we can help you get the justice and compensation you deserve.