South Carolina Brain Injuries Attorneys

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Types of Brain Injury

Traumatic Brain Injury

There are many types of traumatic brain injury, including an open head injury, closed head injury or a deceleration injury. These are usually caused by incidents such as:

  • Auto accidents
  • Bicycle accidents
  • Pedestrian collisions
  • Public or domestic violence
  • Explosions
  • Construction injuries
  • Medical malpractice

Anoxic and Hypoxic Brain Damage

Anoxia is when the brain has been starved of oxygen. This can be extremely harmful and even life-threatening. It only takes around 4 minutes without any oxygen for the adult brain to become permanently damaged, and in many cases this can be caused by medical malpractice. Common causes of anoxia include:

  • Oxygen deprivation as the result of a birth injury
  • Heart attack or stroke
  • Cardiac or respiratory arrest
  • Choking or suffocation
  • Carbon monoxide inhalation
  • Serious electric shock
  • Near drowning
  • A reaction to general anesthesia
  • Inadequate oxygen supply or cardiac arrest while under general anesthesia

Filing a Brain Injury Lawsuit in South Carolina

Once you file your lawsuit, you become a Plaintiff and the person or entity at fault becomes a Defendant. We’ll start gathering facts through exchange of documents, written questions or depositions, this is called the discovery phase and can include:

Medical examinations: An initial medical examination is usually performed by the injured person’s chosen doctor. The defendant or insurance company may request a second opinion.

Gathering documentation: Documentation can significantly help with your case, allowing us to prove to the court and/or insurance company that you within your legal rights to file a claim. Documentation and physical proof may include medical records, radiology imaging studies, photos and video of your impairment and limitations, bills, copies of your insurance policy, plus any other appropriate papers and proof.

Depositions: This is witness testimony given outside of court but under oath, and can be an important aspect of the discovery process.

Interrogatories: Interrogatories are written questions that we will issue. These questions are to be answered in writing and under oath by the party receiving them.

Expert witnesses: Sometimes, we may need to use an expert witness or witnesses. An expert witness is a highly trained and credible professional who will provide a testimony based on their expertise. Expert witnesses are used to explain complex topics to judges and juries, and to establish that the Defendant violated a standard of practice or care. To prove fault for your injury, the type of expert needed will depend on the nature of the case and what happened. The same is true for the injury and damages experts. Usually, the types of expert witnesses that may be involved in a brain injury case are those who work in the appropriates fields regarding the legal responsibility issues, as well as the appropriate doctors like neurologists and neuroradiologists, just to name a couple.

What are the Next Steps After the Discovery Phase?

By the time the discovery phase is concluded, both parties should have a full view of the case, along with knowledge of what evidence is to be presented at trial. Both parties will re-evaluate their positions and often cases can settle before they go to trial. However, if the parties are unable to agree, the case will go to trial.

The types of damages and compensation awarded in a brain injury suit:

  • Medical bill payments
  • Rehabilitation expenses
  • Pain and suffering
  • Loss of wages
  • Physical impairment and disfigurement damages
  • Any other costs that arose due to the brain injury

The attorneys at Clore Law Group, LLC have successfully handled cases resulting in brain injuries, resulting in settlement or significant jury verdicts.

If you’ve been a victim of serious injury as a result of someone else’s negligence, please get in touch with us at Clore Law Group, LLC. You can contact us at 1-800-610-2546 or 1-843-305-6329, or you can email us at [email protected].

Since initial consultations are always free, there’s no cost in learning your legal options.