In general, as a South Carolina personal injury attorney, I despise confidentiality because I think it rewards dangerous defendants in South Carolina and beyond. However, there are times when it makes sense, and this was one of those cases. Even though I can’t get into specific facts, I can share a few things we seek to do in every brain injury case to help survivors and their families achieve the best possible legal outcome. I don’t use the term “fair outcome” because there is nothing fair about brain damage to an innocent human being.

3 Essentials in Brain Injury Legal Cases

1. Learn their story – I don’t mean simply how they were doing in the months leading up to the incident and what their life has been like since (though that is critical). I mean getting to know the full story. Finding out what they were like as kids, what drove them, what led them to where they were in life, and where they hoped to be down the road. Nearly every great biography starts from the beginning, and I think our clients’ should, too. This requires getting to know family, friends, neighbors, co-workers, and the other people who bring the case to life.

2. Help them find great medical care – I want my clients to focus on getting better. When it comes to brain injury, a comprehensive approach to recovery is usually required. This may include cognitive, speech, physical, and occupational therapy, as well as psychological care to help cope with the “adjustment” to a new life. A neurologist or physiatrist who has actually taken the time to stay up-to-date with the latest advances in TBI treatment can often serve as the point-person in making sure the survivor receives high quality care. 

3. Determine future costs – A mediation, settlement, or trial often takes place less than three years after the initial injury. While that may feel like a long time, it may be just a glimpse of what the brain damaged person faces in the future. Between future medical needs, decreased earning ability, and the sheer toll of daily hardship brought on by brain injury, the true measure of damages almost always lies in an uncertain future.

The human beings living with brain damage that I’ve represented over the years are among the bravest, most perseverant I’ve met in any arena. They cannot receive fairness, but they can receive justice under the law. It just takes a lot of work and a lot of love.

We have been fortunate to handle TBI cases for people living in South Carolina, as well as other parts of the country, and are here to answer any questions you may have, no matter where you live.


Kenneth Berger
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Columbia and Myrtle Beach car accident and personal injury lawyer dedicated to securing justice for clients.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.