South Carolina Personal Injury Lawyers

Navigating a Brain Injury Claim After a Car Accident

December 25, 2025

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Motor vehicle collisions are among the leading causes of accidental brain injuries in South Carolina. If you or your loved one suffered a brain injury in a crash, your health, safety, and legal rights must be protected. At Smith & Jones Law, LLC, we handle all types of serious injury cases, including those involving concussions. Within this article, our Mauldin car accident attorney provides a guide to navigating a traumatic brain injury (TBI) claim in South Carolina.

Car Crashes are a Leading Cause of Accidents and Brain Injuries

The Brain Injury Association of America (BIAA) reports that more than one million people are believed to suffer concussions or other types of TBIs in the United States each year. Indeed, car crashes cause a significant share of brain injuries in South Carolina. The force of impact can jolt the brain inside the skull and create bruising, bleeding, or diffuse damage that does not appear immediately. Victims often feel dazed, confused, or “off” in the minutes or hours after a collision. Some develop headaches, memory issues, or sensitivity to light. Serious cases require emergency treatment and long-term neurological care. Still, even “mild” brain injuries can be serious.

The Process for Navigating a TBI Claim in South Carolina

    1. Report the Crash to Law Enforcement

In South Carolina, all injury crashes should be reported to the police. You should call local or state law enforcement right away after a collision. An accident should be reported to the Mauldin Police Department or another agency. Do not delay. It is best to have an officer respond to the scene.

    2. Seek Immediate Medical Attention

All head injuries should be evaluated by a doctor. A TBI claim begins with medical care. Emergency providers document initial symptoms, order diagnostic imaging, and determine whether the injury involves concussion, intracranial bleeding, or diffuse axonal damage. It is imperative that victims get all of the medical care that they need after a crash. Do not delay in seeing a doctor.

    3. Track All Pain, Suffering, and Other Damages

TBI victims often miss work. Many people who suffer serious injuries cannot return to full capacity for months. Economic damages include medical bills, prescription costs, therapy expenses, and lost earnings. Severe TBIs may require long-term vocational and rehabilitation planning. South Carolina allows recovery for both current and future economic losses when supported by evidence.

    4. Document Symptoms and Functional Limitations

TBIs vary. Headaches, dizziness, mood changes, cognitive difficulties, memory problems, and sensory issues can all happen. As an injured victim, you should do your best to record daily symptoms in a journal and communicate changes to treating physicians. In South Carolina, non-economic damages depend on your ability to show how the injury affects daily life.

    5. Consult With a Mauldin, SC Car Accident Lawyer

Following a crash that caused a head injury, you need experienced legal representation. The claims process is complicated. The right Mauldin, SC auto accident attorney can protect your rights, investigate your crash, and help you take action to get justice and the maximum financial compensation. Insurance companies are not on your side after a crash. You need a lawyer.

    6. Prepare a Demand Letter (Drafted By An Attorney)

A demand letter is a document that can help move your case forward. It sets out the facts of the accident, the medical evidence, the legal basis for liability, and the full measure of damages. It should be drafted by an experienced Mauldin, SC car accident attorney. A well-drafted demand letter signals to the insurer that you are prepared to litigate if a fair settlement is not offered.

    7. Get Ready for Negotiation or Litigation

A TBI claim often triggers aggressive defense strategies. Insurers may request independent medical examinations or argue that symptoms are unrelated to the accident. An attorney prepares evidence, challenges improper defenses, and identifies expert witnesses. If negotiations fail, litigation may be necessary to get the full and fair financial compensation that you deserve.

Rehab for Brain Injury is Crucial

All head injuries are a serious matter. A suspected TBI requires immediate medical attention. Beyond that, brain-injured victims often also need comprehensive rehabilitative care. Indeed, rehabilitation plays a key role in recovery after a traumatic brain injury because the brain must relearn or reroute essential functions. Treatment can include things like cognitive therapy, vestibular therapy, occupational therapy, and speech-language therapy to address deficits in memory, balance, concentration, and communication.

Physicians also monitor for secondary complications such as post-traumatic headaches, mood disorders, and visual disturbances. Early, consistent rehab improves long-term outcomes and helps stabilize daily function. A car accident injury settlement in South Carolina should include compensation for rehabilitative care. With extensive experience handling car crash cases, our Mauldin, SC brain injury attorney can help you fight for the maximum possible settlement.

Why Trust Our Mauldin Car Accident Lawyer for a Brain Injury Claim

Car accident injury claims are complicated, especially so for those who suffered a serious traumatic brain injury (TBI) in a crash. At Smith & Jones Law, LLC, we are proud to be a law firm that fights for the people who need help the most. Our case results show what we can do for victims and their families. Your initial case evaulation with our Mauldin auto accident is no cost, strictly confidential, and without additional obligations. We have a law office in the 29662 of Mauldin, and we are extremely familiar with the local area, including the roads in the region. Our South Carolina car accident injury team is always prepared to proactively, diligently investigate a crash.

Contact Our Mauldin, SC Auto Accident Attorney for a Free Case Review

At Smith & Jones Law, LLC, our Mauldin auto accident lawyer handles the full range of brain injury claims. If you or your loved one was hurt in a motor vehicle crash, please do not hesitate to contact us today for a free case review. From our Mauldin office, we handle brain injury claims throughout the region, including in the zip code of 29662.

Frequently Asked Questions

Our experienced team is dedicated to guiding you through the legal process and fighting for the justice you deserve.
How Do I Know If I Have a Case?

Generally, personal injury cases are based on someone else being at fault for an accident. It can be a person, a company, or another legal entity that has fault.

You might think that someone else needs to have hurt you on purpose to get compensation. That isn’t true! Most personal injury claims are based on negligence. Negligence just means being careless in an unreasonable way. That’s one basis for a case, but there are several different grounds for personal injury compensation. Our lawyers will explore all the ways you may qualify.

The best way to know if you have a case is to ask us for a free no-obligation consultation!

How Much Time Do I Have to File A Lawsuit?

It depends. Generally, the maximum time to file a personal injury case in South Carolina is three years. However, there are exceptions, and it can be much shorter. There are some circumstances where the timeline may be extended, too, but you should never count on this. If you miss the deadline that applies in your case, it usually means there is no way to pursue compensation.

There are things you can do right now to protect your rights and build your case. You should always contact a lawyer as soon as possible. Don’t assume that you can wait – and don’t assume you’ve waited too long, either. We’ll determine how much time you have and work quickly to pursue your case.

How Will My Lawyer Determine the Value of My Case?

Your lawyer determines the value of your case with a multi-step process. First, they total your damages. These are the losses that you are allowed to claim by law. It starts with direct, financial losses like medical expenses, lost income, and property loss. But your damages are much more than that. You may also receive compensation for physical suffering, mental health injury and emotional anguish. Our lawyers look at all the categories.

There are other factors that may influence your compensation award. The strength of the legal case and ways to collect compensation are two examples. At your consultation, we can estimate the case value, plus explain what needs to happen for you to receive the maximum award.

What Steps Should I Take Immediately After an Injury to Protect My Rights?

Get medical attention right away. Take photos of the accident scene and gather witness information if you or someone else can. Report the accident as appropriate, like the police for a car accident or your employer if the injury happens at work. Keep records and bills related to the accident.

When you choose Smith & Jones Law, our lawyers will start immediately to protect your rights.

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864-383-0377

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