How Much Can I Recover from a Traumatic Brain Injury in South Carolina?
Traumatic brain injuries (TBIs) are among the most devastating and life-changing injuries a person can sustain. A traumatic brain injury is caused by a blow or jolt to the head. Some of the most common events that lead to traumatic brain injuries include falls, car accidents, motorcycle accidents, and pedestrian accidents. When a person suffers a TBI in South Carolina due to the negligence of another party, they may be entitled to recover compensation.
If you or a loved one has sustained a TBI in South Carolina because of another party’s negligence, you might be wondering how much compensation you can recover. So, how much can you recover from a traumatic brain injury claim in South Carolina? There is no average compensation amount for traumatic brain injuries in South Carolina. Every case is unique, so the amount you can recover for a traumatic brain injury claim depends on the factors surrounding your case.
Factors That Influence the Value of a Traumatic Brain Injury Claim
Several factors can affect how much you recover in a TBI claim. The following are some of these factors;
Severity of the Injury
One of the most critical factors in determining the value of a traumatic brain injury claim is the severity of the injury. Generally, the more severe the injury, the higher the compensation is likely to be. Severe TBIs typically result in greater medical expenses, prolonged rehabilitation, and significant loss of income due to the inability to work. Additionally, severe TBIs profoundly impact the quality of life, leading to higher compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Total Economic Damages
Economic damages are the quantifiable financial losses incurred due to the injury. They include medical expenses and lost wages. The total economic damages incurred due to a TBI dictate how much compensation can be collected.
Total Non-Economic Damages
Non-economic damages are the non-financial, subjective losses incurred due to an injury. They include pain and suffering and loss of enjoyment of life. The total non-economic damages incurred due to a TBI dictate the value of the claim.
Punitive Damages
Punitive damages are rarely awarded in South Carolina personal injury cases as they are meant to punish the wrongdoer and not compensate the plaintiff. In South Carolina, punitive damages are only awarded when there is clear and convincing evidence that the at-fault party was reckless or willful in causing harm. An award of punitive damages can significantly increase the value of your TBI claim as punitive damages are awarded on top of compensatory damages (economic and non-economic damages).
Liability
If you or your loved one is found to be partially at fault for the accident that led to the injury, any damages awarded may be impacted. South Carolina is a modified comparative negligence state, which means that the claimant’s percentage of fault reduces the amount of damages awarded.
Insurance Policy Limits
The available insurance policy limits can also influence the compensation amount. You may only recover up to the at-fault party’s policy’s maximum coverage. If the at-fault party does not have sufficient insurance, the total compensation received may be reduced.
Contact a Charleston Personal Injury Lawyer
If you or a loved one has sustained a traumatic brain injury because of the negligence of another party, contact our Charleston personal injury attorney at Gus Anastopoulo Law Firm for legal help. We can help you recover the compensation you deserve.
