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Can I Sue for A Brain Injury I Sustained?

The Carolina Law Group > Blog  > Can I Sue for A Brain Injury I Sustained?

Can I Sue for A Brain Injury I Sustained?

Nihar Patel | The Carolina Law Group

Nihar Patel | The Carolina Law Group

Brain injuries can be devastating to those that sustain them. While most people make a full recovery from concussions or other traumatic brain injuries (TBI) within a few months, some people never fully recover and live with disability or impaired life function due to their brain injuries. A TBI can cause physical pain and affect memory, concentration, mental health and mood. The cognitive and emotional impairments can take a toll on the victim’s marriage and relationships and be detrimental to their career.

If you or a loved one have sustained a TBI and are suffering the consequences, you may be wondering if it’s possible to take legal action. The answer is in some cases, yes. You may bring a lawsuit against the responsible party in order to get damages that might include coverage for medical bills, rehabilitation, lost wages, future care and treatment, pain and suffering, and more.

Common Causes of Brain Injury

Slip and fall. Slip and fall accidents are the leading cause of TBI, accounting for nearly half of the Emergency Department visits and hospitalizations in 2013, according to the CDC. A personal injury lawsuit may be brought against the party responsible for the accident leading to the TBI. Say, for example, a shopkeeper failed to repair a broken handrail and you fell and hit your head, you could make a claim against the shopkeeper and the shopkeeper’s insurance company. As with all slip and fall cases, the challenge is proving negligence.

Motor vehicle accident. Motor vehicle accidents are the third leading cause of TBI, after falls and being struck by/against an object. If the accident was not your fault, and you’ve suffered repercussions from a brain injury because of it, you can bring a personal injury lawsuit against the driver or other party responsible.   

Assault. If you were assaulted, you could bring a civil suit and also press criminal charges against the party responsible, if appropriate.

Medical malpractice. Medical malpractice also falls under the category of personal injury. A TBI can result from a number of medical mistakes, and the healthcare professional responsible may be held liable.  

Accident on the job. A blow to the head or a fall at work can lead to a TBI. In this situation, you should seek compensation for your brain injury through the workers’ compensation program with the help of an experienced attorney. The only situation in which you can bring a personal injury lawsuit is if the injury was the fault of a third party.

What to Consider in a TBI Lawsuit

With the exception of the straightforward workers’ comp claim, all the other situations have the same thing in common: proving liability. In order to bring a successful claim for your TBI, you must be able to demonstrate that the party you’re suing is directly responsible for your TBI and in some cases was not only liable, but negligent.

You should also be able to provide documentation of the way(s) in which you’ve suffered from your brain injury, for example, how it has impaired or affected your career, schooling, relationships, and quality of life. Remember that an insurance company or jury can’t see a brain injury, and it’s necessary to provide convincing evidence of how it’s affected your life. Attorneys at The Carolina Law Group have represented a number of clients who have suffered from a TBI.

Talk to The Attorneys at The Carolina Law Group

If you or a loved one are suffering from the aftermath of a traumatic brain injury, contact the attorneys at The Carolina Law Group. They handle workers’ compensation cases and all types of personal injury cases and can help build your case so you get the damages you deserve. They are experienced, aggressive lawyers who are prepared to fight for you. Fill out this contact form or call one of the numbers below to schedule your free initial consultation.

The Carolina Law Group has four offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg. Call today.


Mr. Patel worked for the Greenville County Public Defender’s Office in 2005 after graduating from law school. While there, Mr. Patel handled thousands of cases ranging from low-level misdemeanors to high-profile murders. In March 2011, Mr. Patel and Mr. Desai formed The Carolina Law Group. Mr. Patel practices in the areas of criminal defense, family law, and personal injury. In 2011, Mr. Patel was elected as the President of the Greenville Criminal Defense Lawyers Association (GACDL).

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