A traumatic brain injury (TBI) can be physically and mentally devastating. From the outside, you might look completely healthy, but on the inside, your brain has suffered serious harm. Your loved ones may not understand why you act differently, why your memory isn't what it used to be, or why you struggle holding a job. When people can't see your injury, they often have difficulty grasping your pain.
You are not alone. According to the Brain Injury Association of South Carolina, more than 160,000 South Carolinians are living with a TBI-related disability right now. The Law Office of Kenneth Berger is here to be your advocate and your guide, getting to know you and what your life was like before this injury, so we can help you obtain the medical care and legal compensation you're owed.
What Happens When You Call Us
- Free Consultation. Call or fill out our contact form, and we'll talk through what happened and answer your questions. No cost, no obligation.
- We Get to Know You and Build Your Case. If you decide to move forward, we spend time learning what your life looked like before this injury and how it's changed, while gathering medical records, evidence, and expert opinions to understand what your case truly requires.
- We Advocate for Your Full Recovery. We communicate what we've learned clearly to the insurance company, serving as the liaison between you and them so you don't have to face that alone, as we work to secure a full, fair recovery. If they won't offer what your case is truly worth, we're prepared to take it to trial.
Do You Need a Lawyer for a TBI Case and What Does It Cost?
If your TBI was caused by someone else's negligence, speaking with an attorney costs you nothing and can make a real difference in what you recover. Insurance companies routinely try to minimize brain injury claims, especially when imaging looks normal. Having someone in your corner who knows how to counter that, and who takes the time to understand everything this injury has taken from you, makes a real difference.
We handle every TBI case on a contingency fee basis, so you pay nothing upfront, and we only get paid if we recover money for you.
Our Approach to Traumatic Brain Injury Cases
TBI cases are both legally and medically complex, and we've built our practice around that reality rather than treating brain injuries like any other personal injury claim. We see ourselves as a member of your team, not just your representation, your advocate and your guide through a process that can feel overwhelming.
Attorney Kenny Berger is the principal author and editor of Traumatic Brain Injury Litigation, a South Carolina Bar CLE resource used by attorneys across the state to understand how to build these cases properly. The book earned him the Professional Excellence Award from the Association for Continuing Legal Education, national recognition for the quality of that work. That depth of knowledge shapes how we handle every TBI claim we take on.
Here's what that looks like in practice:
- We take the time to know you, not just your case. We spend time with our clients learning what life looked like before this injury and how it's changed since, because that story is what a jury or an insurance adjuster ultimately needs to understand.
- We don't let a "mild" label define your case. Insurance companies often use the clinical term "mild TBI" to argue a claim isn't worth much. That classification describes the initial injury event, not how long your symptoms last or how much they've changed your life. We build the record to show the real, lasting impact, regardless of what the initial diagnosis says.
- We bring in the right experts, not just any experts. Serious TBI cases often require neurologists, economists to calculate lost earning capacity, and certified life care planners to project your future medical needs. We invest in the team your case actually requires.
- We serve as your liaison with the insurance company. You shouldn't have to relive your injury with an adjuster who doesn't know your story. We handle that communication so you can focus on healing.
- We keep you and your family informed at every step. TBI cases can take time, and we know that not knowing where things stand is its own kind of stress. You'll always know what's happening with your case and why.
- We prepare every case as if it's going to trial. That preparation is what produces fair results, whether your case settles or ends up in front of a jury.
How Much Is a TBI Case Worth?
Every case is different, and the value of yours depends on the severity of your injury, your medical costs, your lost earning capacity, and how the injury has changed your daily life. South Carolina law allows recovery for both economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain, cognitive and emotional suffering, loss of enjoyment of life).
One example from our own case results: after a pedestrian was struck by a car while walking down the sidewalk and suffered a traumatic brain injury, we turned an initial $350,000 insurance offer into a $3.5 million settlement on his behalf.* Read the full case result.
Want to understand more about what causes TBIs, what symptoms to watch for, or the financial toll they can take? Read our full guide to TBI symptoms, causes, and costs in South Carolina →
*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.
Frequently Asked Questions About South Carolina Traumatic Brain Injury Cases
Understanding Your Legal Options
Yes, if your TBI was caused by someone else's negligence, recklessness, or intentional conduct, you may have a valid personal injury claim in South Carolina. This includes TBIs caused by car and truck accidents, falls on someone else's property, sports injuries involving gross negligence, workplace incidents, and assaults. The key legal question is whether another party's failure to act reasonably caused or contributed to your injury. An attorney who handles TBI cases can evaluate the specific facts of your situation and advise you on whether a claim makes sense.
Yes, in several important ways. The cause of your injury determines who can be held responsible, what evidence needs to be preserved, and how quickly your attorney needs to act. A TBI from a car accident involves different liable parties and different evidence than one caused by a fall on someone's property or a trucking crash. Some causes, like commercial trucking accidents, involve federal regulations that significantly affect how the case is built. Others, like injuries on government property, involve shorter filing deadlines. Understanding the cause of your injury is one of the first things your attorney will work through with you.
Responsibility depends on how and where your injury occurred. In a car or truck accident, the at-fault driver and potentially their employer may be responsible. In a fall, a property owner who failed to maintain safe conditions may be liable. In a trucking accident, the trucking company, the cargo loader, or a maintenance contractor may all share fault. One of the most important things an attorney does early in a TBI case is identify every party whose negligence contributed to the injury, because missing a responsible party can mean leaving significant compensation unclaimed.
In South Carolina, you generally have three years from the date of your injury to file a personal injury lawsuit under S.C. Code Ann. Section 15-3-530. In TBI cases specifically, this deadline deserves careful attention. If the injured person is a minor, different rules apply. If the injury involves a government entity or employee, the deadline can be significantly shorter. And because TBI symptoms sometimes emerge or are formally diagnosed after the initial incident, there are limited circumstances where the timeline may be affected. The safest approach is to speak with a TBI attorney as soon as possible.
No, and this is one of the most important things to understand about TBI litigation. The clinical classification of mild, moderate, or severe describes the initial injury event, not the duration or impact of your symptoms. A mild TBI can produce symptoms that last months or years and that fundamentally affect your ability to work, think clearly, and maintain relationships. Insurance companies use the word mild strategically to minimize claims. An experienced TBI attorney knows how to document the full impact of your injury regardless of its initial classification and how to counter that argument with the right medical experts.
This is one of the most common tactics used in TBI cases. Insurance companies routinely challenge the severity of brain injuries, particularly when standard imaging is normal. They may point to gaps in treatment or delays in diagnosis as evidence that you are not as hurt as you claim. None of these arguments mean your injury is not real. What they mean is that your case needs to be built carefully, with trusted medical experts and a thorough, documented record of how this injury has changed your life. Having an attorney who has handled these arguments before makes a meaningful difference.
Loss of consciousness is not required for a TBI to cause lasting, serious effects. Many people with traumatic brain injuries never lose consciousness at all. Insurance companies sometimes try to minimize an injury by pointing to the absence of a blackout, but the presence or absence of loss of consciousness is only one factor in the initial clinical assessment. It does not determine the severity of symptoms or the long-term impact of the injury. If you are experiencing headaches, memory problems, difficulty concentrating, mood changes, or other symptoms after a head injury, those symptoms deserve both medical attention and legal consideration regardless of whether you lost consciousness.
Damages and Compensation in a SC TBI Case
South Carolina law allows TBI victims to recover both economic and non-economic damages. Economic damages include past and future medical expenses, rehabilitation costs, lost wages, diminished earning capacity, and the cost of in-home care or assistive services. Non-economic damages cover the losses that do not come with a receipt: physical pain, cognitive and emotional suffering, loss of enjoyment of life, and the ways the injury has changed who you are and how you live. In cases involving egregious conduct, punitive damages may also be available. TBI cases often involve some of the highest damage values in personal injury law because the injuries are severe, the care needs are long-term, and the human losses are profound.
Calculating the value of a TBI case requires building a complete picture of every loss, past and future. Your attorney will work with medical providers to document your current and anticipated future care needs, with economists to calculate lost earning capacity over your lifetime, and with life care planners to project the full cost of your long-term care. Non-economic losses require presenting your story in a way that a jury can understand and feel, which means gathering testimony from people who knew you before and after the injury. There is no formula. The value of your case is the sum of everything this injury has taken from you, and building that case thoroughly takes time, resources, and the right team of experts.
A life care plan is a detailed, expert-developed document that projects the full scope of your future medical and care needs and the associated costs over your lifetime. In a TBI case, it might include future specialist visits, cognitive rehabilitation, in-home care, assistive technology, medications, and housing modifications. A life care plan is typically prepared by a certified life care planner working in coordination with your treating physicians and other specialists. It is an important document in a serious TBI case because it gives a jury a concrete, expert-supported number for your future damages rather than a vague estimate.
Lost earning capacity is one of the most significant categories of damages in a TBI case. If your injury has affected your ability to think clearly, concentrate, manage stress, communicate, or perform the tasks your job requires, you may be entitled to compensation for the income you have lost and the income you will lose in the future. An economist working with your attorney will calculate the difference between what you would have earned over your working lifetime without the injury and what you are now realistically able to earn.
For Families of Brain Injury Survivors
When a person with a severe TBI is unable to manage their own legal affairs, a family member or other trusted individual can be appointed as their legal guardian or conservator through the South Carolina probate court. That person can then make legal decisions on behalf of the injured person, including retaining an attorney and participating in settlement decisions. If a lawsuit is filed on behalf of someone who is legally incapacitated, court approval is typically required for any settlement to ensure the injured person's interests are protected. An experienced TBI attorney can guide your family through this process from the beginning.
A guardian ad litem is a person appointed by the court to represent the interests of someone who cannot represent themselves, such as a minor or a person who is legally incapacitated due to a severe TBI. In South Carolina civil litigation, a guardian ad litem may be appointed when the injured person cannot participate meaningfully in their own case. Their role is to ensure that any decisions made in the case, including settlement, genuinely serve the best interests of the injured person. Your attorney can advise whether a guardian ad litem is appropriate in your loved one's specific situation.
This is one of the most difficult aspects of representing someone with a severe TBI, and it requires careful, thoughtful legal guidance. The family member or guardian acting on behalf of the injured person has a legal obligation to act in that person's best interests. Settlement decisions should be based on a thorough evaluation of the full value of the claim, including lifetime care costs established by a life care plan, lost earning capacity, and non-economic losses. In South Carolina, settlements on behalf of incapacitated adults typically require court approval to ensure the injured person is protected. Your attorney will walk your family through every step of that process.
In some circumstances, yes. South Carolina law recognizes a claim called loss of consortium, which allows a spouse to seek compensation for the loss of companionship, affection, and the marital relationship caused by a serious injury to their partner. The availability and value of a loss of consortium claim depends on the specific facts of your situation, and an attorney can advise you on whether it applies.
Loss of consortium is a legal claim that recognizes the impact a serious injury has on a spouse's or family member's relationship with the injured person. In a TBI case, where behavioral changes and cognitive impairment can fundamentally alter a marriage or family dynamic, loss of consortium claims can be significant. South Carolina courts recognize these claims, and they are most commonly brought by spouses. The claim acknowledges that a TBI does not only injure one person. It changes families, and the law provides a way to recognize that reality.
Working with a South Carolina TBI Lawyer
TBI cases are both legally and medically complex. An attorney without specific TBI experience may not know which medical experts are needed, how to document cognitive and behavioral losses effectively, how to counter a defense medical examination, or how to present the full human impact of a brain injury to a jury. Attorney Kenny Berger has dedicated a significant portion of his practice to TBI litigation and is the principal author and editor of Traumatic Brain Injury Litigation, a South Carolina Bar CLE resource used by attorneys across the state. That depth of knowledge makes a measurable difference in how these cases are built and what they ultimately recover.
Look for an attorney with specific experience handling traumatic brain injury cases, not just general personal injury work. Ask whether they are willing to take cases to trial when necessary. Ask how they communicate with clients and families throughout what can be a long process. TBI cases can take years, and the relationship between attorney, client, and family is a close one. You should feel confident that your attorney understands the medicine, has the resources to work for full compensation, and genuinely cares about the outcome for your family.
TBI cases are handled on a contingency fee basis, meaning you pay no upfront costs and owe no attorney fees unless your case results in a recovery. The law firm advances the costs of litigation, including expert fees, which in serious TBI cases can reach tens or hundreds of thousands of dollars. Those costs are reimbursed from the recovery at the end of the case. This arrangement exists so that seriously injured people are not priced out of the legal system. You should never have to choose between getting the right experts and being able to afford your case.
Bring whatever you have and do not worry about what you are missing. Helpful materials include any police or incident reports related to the injury, medical records or imaging results if you have them, insurance information for all parties involved, any correspondence from insurance companies, and documentation of missed work or lost income. If a family member is attending on behalf of someone who cannot attend themselves, bring any legal documents related to guardianship or power of attorney if those have been established. Your attorney will tell you what else is needed as the case develops. The most important thing you bring is an honest account of what has changed.
TBI cases generally take longer than standard personal injury cases because of their complexity, the time required for medical treatment to stabilize, and the need for thorough expert development. Cases that settle before litigation may resolve in one to two years in some circumstances, though serious cases often take longer. Cases that require litigation can take three to five years or more. The timeline is driven by what is right for you. A TBI case should not be resolved until the full picture of your injuries, your recovery, and your long-term needs is clearly understood. Moving too quickly risks settling for less than your situation actually requires.
Talk to a Columbia Traumatic Brain Injury Lawyer
I cannot take back what happened to you, but I can be your advocate and your guide through what comes next. We'll take the time to understand what this injury has cost you, communicate that clearly to the at-fault party's insurance company, and work to secure the full, fair recovery you deserve. Everyone who walks through my door is treated like part of our family, and that is exactly what you'll experience from the first time we speak until your case ends.
A traumatic brain injury can happen to anyone. Victims and their families do not have to feel alone. If you or a loved one suffered a TBI in South Carolina, contact me today for a free consultation at (803) 790-2800 or by using the live chat feature below.