Brain Injury Attorney Near Me
Suffering a brain injury is one of the most devastating experiences a person and their family can endure. Whether caused by a car wreck, fall, sports incident, or workplace accident, the effects can be life-altering. At Joe Cunningham Law, we know how overwhelming these cases can be. Our team understands both the medical complexity of traumatic brain injuries (TBIs) and the legal battles victims face when trying to recover compensation.
If you’re searching for a Charleston brain injury attorney near you, Joe Cunningham Law is here to help. We can explain the basics of TBIs, how they affect victims, the common causes, and how our skilled legal team can fight for your recovery.
Understanding Brain Injuries
A brain injury occurs when a blow, jolt, or penetrating injury disrupts the normal functioning of the brain. Some injuries are mild, with symptoms resolving in days or weeks, while others are severe, causing permanent disability or death.
Doctors typically classify brain injuries into two major categories:
- Traumatic Brain Injury (TBI): Caused by external force, such as a fall, crash, or violent impact.
- Acquired Brain Injury (ABI): Resulting from internal factors like oxygen deprivation, stroke, or medical complications.
Even mild TBIs like concussions can create lasting complications, including memory issues, sleep disturbances, and mood changes. Severe TBIs may require lifelong care, therapy, or assistive devices.
Types of Traumatic Brain Injuries
Not all TBIs are alike. A Charleston brain injury attorney near you will often work with medical experts to determine the specific type and extent of the injury, since this affects both treatment and the value of a legal claim.
Concussions
The most common type of TBI is often referred to as a “mild” TBI. Concussions can cause headaches, dizziness, memory loss, and sensitivity to light and sound. Multiple concussions can create cumulative damage.
Brain Contusions
Bruises on the brain are caused by a direct blow to the head. These may require surgical intervention if bleeding or swelling occurs.
Diffuse Axonal Injury (DAI)
Caused by shaking or severe rotation of the head, DAIs involve widespread damage to brain cells and can lead to long-term unconsciousness or coma.
Penetrating Head Injuries
When an object enters the skull and damages brain tissue. These are often catastrophic and may result in permanent impairment.
Coup-Contrecoup Injuries
Coup-contrecoup injuries occur when the brain strikes one side of the skull and then bounces to the opposite side, causing damage at both points of impact.
Symptoms of Brain Injuries
Brain injury symptoms vary widely, depending on the location and severity of the trauma. Many victims don’t realize the seriousness of their condition until days or weeks after the incident.
Common symptoms include:
- Persistent headaches or migraines
- Dizziness and balance problems
- Confusion or memory loss
- Sensitivity to light or noise
- Fatigue or trouble sleeping
- Difficulty concentrating
- Irritability, depression, or mood swings
- Vision or hearing disturbances
- Seizures or convulsions (in severe cases)
Because brain injuries can affect both cognitive and physical functions, many victims struggle to return to work, school, or daily life.
The Long-Term Effects of TBIs
The consequences of a traumatic brain injury often extend far beyond the initial trauma. While some victims in Charleston, SC, may show outward signs of recovery, the invisible effects of a TBI can persist for years, or even a lifetime. These lingering challenges affect not only the injured individual but also their loved ones, who may suddenly find themselves navigating a very different reality.
Cognitive Impairments
Many TBI survivors struggle with memory loss, reduced concentration, or slowed thinking. Once routine tasks, such as balancing a checkbook, following a conversation, or completing work assignments, can suddenly become overwhelming. These difficulties can make returning to school or employment extremely challenging, often forcing individuals to change careers or rely on long-term disability benefits.
Emotional and Behavioral Changes
The brain controls mood, personality, and impulse regulation. After a TBI, victims may experience anxiety, depression, irritability, or emotional instability. Family members often describe their loved one as “not the same person” after the injury. These changes can put significant strain on relationships, marriages, and parenting, adding an emotional toll to the physical and financial struggles.
Physical Disabilities
Some brain injuries lead to lasting physical impairments, such as partial paralysis, balance and coordination problems, vision or hearing loss, or chronic headaches. Seizures are also a common long-term effect. These symptoms can limit independence, make everyday tasks more difficult, and require costly medical interventions or assistive devices.
Loss of Independence
For many victims, the most challenging part of living with a brain injury is the loss of independence. Activities of daily living—like driving, cooking, or managing personal care—may require constant support. In severe cases, victims may need round-the-clock supervision or placement in a long-term care facility. This loss of autonomy can be emotionally devastating, both for the injured person and their loved ones.
Financial Strain
The financial burden of a TBI is staggering. Initial emergency care, surgeries, and hospital stays are only the beginning. Many victims require ongoing physical therapy, occupational therapy, counseling, and specialized medical treatment. When combined with the inability to return to work or a reduced earning capacity, the economic pressure on families can be overwhelming.
How a Brain Injury Attorney Can Help
A skilled Charleston brain injury attorney will consider these long-term effects when pursuing compensation. It is not enough to cover hospital bills from the first few months. Recovery must also account for years of therapy, lost wages, and the priceless costs of independence and quality of life. At Joe Cunningham Law, we believe that ensuring victims have access to sufficient resources is critical to helping them rebuild their lives with dignity and security.
Supporting Families of Brain Injury Victims
Brain injuries don’t just affect victims—they impact entire families. Loved ones may become caregivers, dealing with sudden financial and emotional responsibilities. Children may see their parents’ personality change. Spouses may feel the strain of long-term care.
At Joe Cunningham Law, our brain injury attorneys near you represent not just individuals but families. We understand the ripple effects of a TBI and fight for compensation that helps secure the future for everyone affected.
Common Causes of Brain Injuries
Brain injuries can occur in countless ways, but some of the most common causes include:
Motor Vehicle Accidents
Car, truck, and motorcycle wrecks are leading causes of TBIs. The violent force of a collision can cause the brain to strike the skull, resulting in concussions, contusions, or more severe trauma.
Slips, Trips, and Falls
Slip-and-fall accidents, falls from ladders, or workplace falls frequently result in head injuries, particularly among older adults and construction workers.
Sports and Recreational Activities
Football, soccer, cycling, and other sports can lead to concussions and cumulative brain trauma, especially if protective gear is inadequate.
Violence and Assaults
Domestic violence, gunshot wounds, or physical assaults are other sources of traumatic brain injuries.
Workplace Incidents
Industrial accidents, falling objects, or equipment malfunctions can cause severe head trauma in occupational settings.
South Carolina’s Statute of Limitations for Brain Injury Claims
If you or a loved one has suffered a traumatic brain injury in Charleston, it is essential to know that the right to file a personal injury lawsuit is not unlimited.
Under S.C. Code § 15-3-530(5), most brain injury claims must be filed within three years from the date of the accident. This three-year statute of limitations applies to brain injury cases caused by car accidents, falls, workplace incidents, or other forms of negligence.
What Happens If You Miss the Three-Year Statute of Limitations
Failing to file within this period can mean losing your chance to pursue compensation for medical bills, lost wages, and long-term care costs.
While three years may sound like plenty of time, brain injury cases often require extensive investigation, medical evaluations, and expert testimony. Starting early gives your brain injury lawyer the best opportunity to preserve evidence, build a strong case, and protect your rights before the deadline expires.
Additionally, early legal action allows your brain injury attorney to preserve evidence, interview witnesses, and build a stronger case. If you suspect a brain injury after an accident, seek immediate medical attention and then consult our brain injury attorney near you.
The Legal Challenges of Brain Injury Cases
Brain injury claims are among the most complex personal injury cases. Insurance companies often dispute the severity of injuries, arguing that symptoms are temporary or unrelated to the accident. Proving the full extent of a TBI requires detailed medical evidence, expert testimony, and often long-term projections of care costs.
A brain injury lawyer from our firm will:
- Gather medical records and coordinate with neurologists, neuropsychologists, and other specialists
- Demonstrate how the injury affects work capacity, future earnings, and quality of life
- Challenge the insurance company’s attempts to downplay the injury
- Seek damages not only for medical costs but also for pain and suffering, emotional distress, and long-term care needs
Compensation for Brain Injury Victims
Victims of TBIs may be entitled to several types of damages, including:
- Medical Expenses: Hospitalization, surgeries, therapy, medication, and rehabilitation.
- Lost Wages: Compensation for time away from work and diminished earning capacity.
- Pain and Suffering: Both physical and emotional harm.
- Loss of Enjoyment of Life: Inability to engage in hobbies, relationships, or daily activities.
- Future Care Costs: Long-term nursing care, adaptive equipment, or home modifications.
Our Charleston brain injury attorney will fight to ensure the settlement or verdict reflects not just immediate expenses but also the lifelong impact of the injury.
How Joe Cunningham Law Supports Brain Injury Victims
At Joe Cunningham Law, we know that brain injury cases require both legal strength and personal compassion. Joe Cunningham’s congressional background has taught him how to advocate effectively for people who feel unheard, while his legal experience in personal injury defense provides him with a deep understanding of how insurance companies operate.
We Prioritize Our Clients and Their Needs
We take a people-first approach to every case, ensuring clients feel supported, seen, and respected. From investigating the cause of the injury to collaborating with top medical experts, we are dedicated to pursuing justice and securing fair compensation.
You Pay Nothing Unless We Win
Our firm believes that everyone deserves access to quality legal help, which is why we work on contingency fees and only get paid if we win on your behalf. When you need a brain injury attorney near you, we are here to provide both strength and compassion.
Frequently Asked Questions About Brain Injury Cases
How do I know if I have a brain injury claim?
If your brain injury was caused by someone else’s negligence, such as a reckless driver, unsafe property, or a negligent employer, you may have grounds for a claim. A brain injury lawyer from our firm can evaluate your case during a free consultation.
What if my symptoms appeared days after the accident?
This is common with TBIs. Even if symptoms develop later, you may still pursue compensation. Medical documentation is critical in these cases, so be sure to see a doctor even if you seem fine immediately after an accident.
How much is a brain injury case worth?
Every case is unique. The value depends on the severity of the injury, medical costs, lost income, and long-term impact. Severe TBIs often result in substantial settlements or verdicts because of the lifelong care they require.
Do I need to go to trial for a brain injury case?
Many cases settle out of court. However, at Joe Cunningham Law, our brain injury lawyers prepare every case as if it will go to trial. This approach strengthens negotiations and ensures we are ready to fight in the courtroom if needed.
What if a loved one died from a brain injury?
Families may pursue a wrongful death claim, seeking compensation for funeral expenses, lost income, and emotional loss. Our team can guide you through this process with compassion and determination.
Contact an Experienced Charleston Brain Injury Attorney Near You
A brain injury can change everything in a moment. If you or someone you love has suffered a brain injury, Joe Cunningham Law is on your side. Take the first step toward justice today. To request a free consultation with a trusted brain injury attorney near you, contact our Charleston law firm online. You can also reach us by phone at (843) 633-3360.