Brain Injury Lawyer Columbia, SC

If you have sustained a brain injury due to someone else’s negligence, you may want to get in touch with our Columbia, SC brain injury lawyer. You may be entitled to compensation. A lawyer can help you file an injury claim against the negligent party and fight for fair compensation. We are deeply committed to advocating for individuals who have suffered traumatic brain injuries due to the negligence or misconduct of others.

At Woron and Dhillon, LLC, we are dedicated to leading our clients through the legal process with focus, care, and unwavering support. This philosophy even extends to our fee structure—unless we win your case, you don’t owe us anything in legal fees. Our team possesses a comprehensive understanding of the complex medical, legal, and emotional challenges that brain injury victims face. We strive to secure the justice and compensation our clients rightfully deserve. Call us today to schedule a free consultation. 

The Four Elements Of Proving Negligence

Negligence occurs when an individual or entity fails to take reasonable care to avoid causing harm to others. In legal terms, this concept revolves around the duty of care owed to others, the breach of this duty, and the direct causation of harm due to this breach. Our role involves not only identifying these elements but also meticulously demonstrating their presence in each case we undertake. Here’s the narrative we’ll follow when constructing your claim and proving the at-fault party’s negligence: 

• Duty Of Care: The foundation of a negligence claim is establishing that the defendant owed a duty of care to the plaintiff. This duty varies depending on the relationship between the parties and the context of the incident. For instance, drivers have a duty to operate their vehicles safely to avoid harming others on the road.
• Breach Of Duty: Once we establish the duty of care, we must then prove that the defendant breached this duty through action or inaction. This involves demonstrating that the defendant’s behavior was not consistent with what a reasonably prudent person would have done under similar circumstances.
• Causation: Linking the breach of duty directly to the injury sustained by our client is critical. This step requires showing that the defendant’s actions, or lack thereof, were a direct cause of the injury. It’s not enough to prove that the breach occurred; it must be shown that the breach directly led to the harm suffered.
• Damages: Finally, we must prove that the client suffered actual damages as a result of the negligence. This includes physical injuries, financial losses, emotional distress, and other forms of harm. Documenting these damages comprehensively is vital to building a compelling case for compensation.

Gathering Evidence

Proving negligence necessitates a thorough collection of evidence. This can include:

• Medical records to document the extent and nature of the injuries.
• Witness statements that can corroborate how the incident occurred and the conditions leading to it.
• Expert testimonies, especially in brain injury cases, to explain the medical implications of the injury and how it relates to negligence.
• Surveillance footage or photographs of the scene to provide visual proof of the conditions or actions that led to the injury.

Compensation For Brain Injury Victims

In cases of brain injuries, victims are entitled to various forms of compensation, aimed at covering the extensive costs associated with such injuries and the impact on the victim’s life. These include:

• Medical Expenses: This covers all medical-related costs, from emergency care immediately following the injury to long-term rehabilitation, therapy, and any future medical needs.
• Lost Wages And Earning Capacity: Many brain injury victims experience a significant reduction in their ability to work, either temporarily or permanently. Compensation can include lost wages and the loss of future earning capacity.
• Pain and Suffering: Beyond the financial impact, compensation for pain and suffering acknowledges the physical pain, emotional distress, and diminished quality of life experienced by the victim.
• Punitive Damages: In cases where the negligence was particularly egregious, punitive damages may be awarded as a means to punish the wrongdoer and deter similar conduct in the future.

Long-Term Effects Of Brain Injuries

At Woron and Dhillon, LLC, our tenure as brain injury lawyers in Columbia has provided us with profound insight into the long-term effects of brain injuries on individuals and their families. Brain injuries, regardless of their severity, can have enduring consequences that affect every aspect of a person’s life. Through our work, we aim to highlight these impacts, advocating for the necessary support and compensation that our clients require for their ongoing recovery and adaptation to life post-injury.

Cognitive Impairments

One of the most challenging long-term effects of brain injuries is cognitive impairment. Victims may experience difficulties with memory, concentration, problem-solving, and decision-making. These impairments can profoundly affect an individual’s ability to perform daily tasks, maintain employment, and manage personal relationships. As Columbia brain injury lawyers, we understand the significance of these challenges and work diligently to help our clients pursue compensation that reflects the profound impact on their cognitive abilities and overall quality of life.

Physical Disabilities

Brain injuries can also lead to lasting physical disabilities. These may include paralysis, chronic pain, fatigue, sleep disturbances, and seizures. Such disabilities require ongoing medical care, rehabilitation, and personal support, often resulting in significant financial burdens for the individuals and their families. At Woron and Dhillon, LLC, we recognize the importance of securing financial resources that adequately cover the costs of current and future medical treatments, as well as any necessary adjustments to living arrangements and lifestyles.

Emotional And Psychological Effects

The emotional and psychological ramifications of brain injuries are equally profound. Victims may suffer from depression, anxiety, mood swings, and personality changes. These issues not only affect the individuals who have sustained the brain injuries but also place a strain on their families and loved ones. Our team approaches these cases with empathy and understanding, advocating for compensation that acknowledges the emotional and psychological support our clients will need over the long term.

Social And Vocational Challenges

Brain injuries often result in significant social and vocational challenges. The cognitive, physical, emotional, and psychological effects can make it difficult for individuals to return to work or school and can lead to social isolation. We at Woron and Dhillon, LLC, are acutely aware of the importance of social reintegration and vocational rehabilitation for our clients. We strive to secure settlements that encompass the costs of vocational training, education, and social support services to aid in their reintegration into the community and workforce.

Common Causes Of Brain Injuries

In our practice at Woron and Dhillon, LLC, we have seen firsthand the devastating impact that brain injuries can have on individuals and their families. Brain injuries, ranging from mild concussions to severe traumatic brain injuries (TBIs), can alter lives in an instant. Understanding the common causes of these injuries is essential for prevention and for seeking justice and compensation when they occur due to someone else’s negligence.

• Motor Vehicle Accidents

One of the leading causes of brain injuries that we encounter involves motor vehicle accidents. Whether it involves cars, motorcycles, bicycles, pedestrians, or trucks, the force of impact can cause the brain to collide with the skull, resulting in a TBI. Despite advancements in vehicle safety features and protective gear for cyclists and motorcyclists, the vulnerability to brain injuries remains high in traffic accidents. As experienced legal professionals, we’re committed to representing those who have suffered brain injuries in such accidents.

• Falls

Falls are another prevalent cause of brain injuries, affecting all age groups but particularly the elderly and young children. Falls can occur in a variety of settings, including at home, at work, or in public places, often due to unsafe conditions such as slippery floors, inadequate lighting, or lack of safety railings. At Woron and Dhillon, LLC, we emphasize the importance of property owners maintaining safe environments to prevent such accidents. When they fail to do so, and someone suffers a brain injury as a result, we are here to provide reliable legal assistance, advocating for the rights and well-being of our clients.

• Sports And Recreational Activities

Sports and recreational activities, while promoting health and well-being, also pose a risk for brain injuries. Contact sports such as football, soccer, and hockey are particularly associated with concussions and other forms of TBIs. Even non-contact activities can result in brain injuries through falls or collisions. We advocate for the implementation of proper safety measures, including the use of helmets and other protective gear, and adherence to safe play protocols. When negligence contributes to a brain injury in a sports or recreational context, Woron and Dhillon, LLC stands ready to assist those affected in seeking justice and compensation.

• Workplace Accidents

The workplace, especially in industries such as construction, manufacturing, and transportation, can be a significant source of brain injuries. Falls from heights, being struck by or against objects, and vehicle-related incidents are common causes of TBIs in these environments. Employers are obligated to ensure the safety of their employees by adhering to safety regulations, providing proper training, and supplying necessary protective equipment. When failures in these areas lead to brain injuries, our team at Woron and Dhillon, LLC is prepared to represent the injured parties in their workers’ compensation and personal injury claims.

• Violence And Assaults

Unfortunately, violence and assaults are also notable causes of brain injuries. These can range from domestic violence to assaults in public spaces. Such incidents not only result in physical injuries but also profound emotional and psychological trauma. Our firm stands with victims of violence, offering confidential, compassionate, and comprehensive legal support to help them receive the care and compensation needed for their recovery and justice for the wrongs they have endured.

Columbia Brain Injury Infographic

Brain Injury Statistics

According to the International Brain Injury Association (IBIA), an estimated 5.3 million Americans are living today with disability related to traumatic brain injury. Each year, 2 million more people sustain brain injuries, many due to the negligence of another party.

Even a minor brain injury can have a significant impact on a victim. To learn what legal options you may have under South Carolina law for the losses you have suffered, call our office for a free consultation.

Brain Injury FAQs

What is the statute of limitations for filing a brain injury claim?

In South Carolina the statute of limitations for filing a brain injury claim is generally three years from the date of the injury. This timeframe applies to personal injury lawsuits, including those for brain injuries resulting from negligence or intentional harm. It’s crucial to be aware of this deadline because failing to file a lawsuit within this period typically results in losing the right to seek compensation for injuries sustained. However, certain exceptions may apply, such as in cases involving minors or when the injury was not discovered immediately. Our Columbia brain injury lawyer can provide specific guidance based on the details of your case.

Can I seek compensation for a brain injury if I was partially at fault for the accident?

Yes, in South Carolina, you can still seek compensation for a brain injury even if you were partially at fault for the accident. Our state follows a modified comparative negligence rule, which means that as long as you are found to be 50% or less at fault for the accident, you can recover damages.

However, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you are found to be 30% at fault for the accident, the total compensation awarded to you would be reduced by 30%. It’s important to work with a skilled brain injury lawyer to accurately assess fault and maximize the compensation you can receive.

What types of damages can I recover in a brain injury case?

You may be eligible to recover various types of damages, including economic, non-economic, and, in some cases, punitive damages.

Economic damages cover quantifiable losses such as medical expenses, lost wages, and rehabilitation costs. Non-economic damages compensate for non-quantifiable losses, including pain and suffering, emotional distress, and loss of enjoyment of life.

In instances of egregious negligence, punitive damages may also be awarded to punish the defendant and deter future misconduct. The specific damages available will depend on the details of your case, highlighting the importance of consulting with an experienced brain injury lawyer.

How is liability determined in brain injury cases?

Liability in brain injury cases is determined based on the principle of negligence. To establish liability, it must be proven that the defendant owed a duty of care to the plaintiff, breached that duty through action or inaction, and directly caused the brain injury as a result of their breach. In some cases, proving liability may involve demonstrating a violation of state laws or regulations, such as traffic laws in the case of a car accident.

Can I file a brain injury claim on behalf of a loved one?

Yes, you can file a brain injury claim on behalf of a loved one if they are unable to do so themselves due to the severity of their injury. This is typically done through a legal process where you may act as a guardian or conservator for the injured party.

Filing a claim on behalf of a loved one allows families to seek justice and compensation for the medical care, rehabilitation, and support necessary for the injured individual’s recovery and well-being.

Given the complex nature of these such cases, working with a compassionate and experienced brain injury lawyer like ours is essential to navigating the legal system and advocating for your loved one’s rights and best interests.

Columbia Brain Injury Glossary

Brain injuries are among the most severe and life-altering consequences of accidents, often requiring significant medical care, emotional support, and financial resources. If you or a loved one has suffered a brain injury due to someone else’s actions, understanding the legal terms involved can help you better navigate your case. At Woron and Dhillon, LLC, we are committed to turning every case into our cause, helping victims secure the compensation they need to rebuild their lives. Below, we explore five essential legal concepts related to brain injury claims.

Proximate Cause

Proximate cause refers to the direct link between the negligent actions of the defendant and the brain injury suffered by the plaintiff. Establishing proximate cause is critical in any brain injury case because it ensures that the harm sustained was a foreseeable result of the defendant’s conduct. For instance, if a driver ran a red light and caused a collision that resulted in a traumatic brain injury, the driver’s negligence would be considered the proximate cause of the injury. At Woron and Dhillon, LLC, we work with medical and accident reconstruction specialists to connect the dots between the negligent act and the injury, ensuring a strong foundation for your case.

Comparative Fault

South Carolina follows the modified comparative fault rule, which allows brain injury victims to recover compensation even if they share some responsibility for the accident—provided they are less than 51% at fault. For example, if you were not wearing a helmet at the time of a motorcycle accident, the opposing party’s insurance company might argue that your injuries were partially caused by your own actions. However, our team fights back against these tactics by emphasizing the other party’s greater negligence. In one case, we helped a client recover significant compensation despite an attempt to unfairly assign them partial blame.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s conduct is deemed particularly reckless or intentional. These damages are not tied to specific financial losses but serve to punish the wrongdoer and deter similar behavior in the future. For example, if a drunk driver causes a crash resulting in a brain injury, the court may award punitive damages in addition to compensatory damages. In our experience, such cases often involve presenting evidence that highlights the defendant’s blatant disregard for safety. We’ve successfully secured punitive damages in cases where gross negligence led to catastrophic injuries.

Loss Of Earning Capacity

A traumatic brain injury can severely impact a victim’s ability to work, either temporarily or permanently. Loss of earning capacity refers to the diminished ability to earn income in the future due to the long-term effects of the injury. For instance, a brain injury that causes memory loss or reduced cognitive function may prevent someone from returning to their previous occupation. In such cases, we work with vocational experts and economists to calculate the financial impact of the injury over a lifetime, ensuring that the settlement reflects the full extent of these losses.

Medical Testimony

In brain injury cases, testimony from medical professionals plays a pivotal role in establishing the extent of the injury and its impact on the victim’s life. This testimony often comes from neurologists, neuropsychologists, and rehabilitation specialists who can explain the severity of the injury, the required treatments, and the potential long-term effects. For example, in one of our cases, a medical professional’s testimony about the client’s cognitive impairments and future medical needs was instrumental in securing a substantial settlement. At Woron and Dhillon, LLC, we collaborate with top medical professionals to strengthen our clients’ claims and convey the true impact of their injuries.

Woron and Dhillon, LLC, Columbia Brain Injury Lawyer

1328 Richland St, Columbia, SC 29201

Contact Our Team Today

At Woron and Dhillon, LLC, we are committed to leveraging our legal experience to guide our clients through the legal process, from understanding the statute of limitations and determining liability to maximizing compensation for damages. Our dedication to our clients’ well-being and our steadfast pursuit of justice has helped secure meaningful results and settlements for countless clients, and we’re ready to do the same for you. If you’re ready to get the comprehensive support and representation you deserve, contact our South Carolina injury firm today and set up your free consultation.