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Last Modified on Sep 30, 2026
When you or someone you love is suffering a traumatic brain injury because of someone else’s carelessness, you may be trying to find out the average traumatic brain injury settlement in South Carolina. While there are statistics that tell you average settlement values, this will not tell you the value of your specific claim. Every traumatic brain injury (TBI) is different.
The value of your TBI settlement relies on the circumstances of the accident, the severity of your injuries, and several other factors.
What Does a TBI Settlement Typically Look Like in South Carolina?
There is no single “average” settlement figure, because every brain injury case is different. That said, claims tend to fall into rough ranges based on how serious the injury is:
- Mild TBI (concussion with a full recovery): often tens of thousands of dollars, covering medical bills and missed work.
- Moderate TBI (ongoing cognitive or physical symptoms): often in the low hundreds of thousands of dollars.
- Severe or catastrophic TBI (permanent disability or lifetime care needs): can reach into the millions.
These ranges reflect general settlement and verdict trends in personal injury cases. They are not a guarantee of what your case is worth — your claim’s value depends on your specific damages, the evidence you have, and the factors below.
Damages Available in a Traumatic Brain Injury Settlement
The CDC reported 68,663 TBI-related deaths in 2023, or about 190 deaths a day, and roughly 214,110 TBI-related hospitalizations in a recent year. These numbers show how often a brain injury leads to serious, costly medical care.
The value of a TBI settlement is largely dependent on the damages you suffered. The damages you are entitled to and the value of those damages are a significant factor in your settlement, although it is not the only factor. You could be entitled to the following damages:
- Immediate medical costs. This includes the immediate costs of your injury, such as transportation to the hospital, surgeries, and hospital stays. Getting medical care after an accident is crucial, especially if you suffered head trauma. The Prisma Health Richland Hospital is located at 5 Richland Medical Park Drive. Getting medical treatment is also crucial to have recorded evidence of your injuries.
- Future medical expenses. Ongoing treatment, such as physical therapy, long-term at-home care, and mobility aids, should be considered in a claim. The long-term consequences of moderate and severe TBIs are significant. Those with these types of injuries were 50 times more likely to die from seizures and 11 times more likely to die from drug poisoning.
- Lost wages. A claim can recover the income you lost during recovery. If your TBI has permanently affected your ability to work, that lost earning capacity could also be included. Whether you can only work part-time, have to transfer to different work, or cannot complete gainful employment at all, the loss of future income must be calculated.
- Non-economic damages. These are non-financial and intangible losses, but are legally recognized damages in a civil claim. This includes losses like emotional distress, pain and suffering, loss of enjoyment of life, and disfigurement.
Depending on the circumstances of your accident, you could also request punitive damages in court. These damages are awarded for willful, reckless, and wanton conduct and are awarded to punish the at-fault party. Unlike all the other damages listed, punitive damages do not recover a loss.
Factors That Influence the Value of a Settlement
The severity of your injury is the primary factor that influences the value of your claim because injury severity impacts every aspect of the damages you suffered. More serious injuries tend to have higher medical costs and require more time off work. They are also more likely to have long-term effects on your life, including limiting your ability to work and causing non-economic damages.
However, there are factors that influence your ability to get full compensation for these injuries. This includes:
- Liability. South Carolina follows a modified comparative negligence rule under S.C. Code § 15-38-15. If you are 50% or less at fault, you can still recover compensation, though your award is reduced by your percentage of fault. If a jury finds you 51% or more at fault, you cannot recover anything. When multiple parties share liability, you may be able to recover a portion of your damages from each one.
- Insurance. Often, claims are filed with an at-fault party’s insurance, such as car insurance or homeowner’s insurance. If your injuries exceed the limits of their policy coverage, it can be difficult to secure full damages.
- Evidence. When there is significant evidence supporting liability and damages, you are more likely to secure a full settlement for your injuries.
What Is the Importance of an Attorney in Securing a Settlement?
You are more likely to secure a full and fair settlement for your TBI when you work with an attorney. They can help uncover evidence, assess the full value of your damages, and negotiate with the at-fault party to secure the compensation you are owed.
FAQs About Traumatic Brain Injury Settlement in South Carolina
What Is the Average TBI Settlement in South Carolina?
There is no fixed average. Mild TBI claims often settle in the tens of thousands of dollars, moderate injuries often reach the low hundreds of thousands, and severe or permanent injuries can settle for seven figures. Your case’s value depends on your medical costs, lost income, and injury severity.
What Is the Average Payout for a Traumatic Brain Injury?
Every traumatic brain injury is unique, and so is the payout. Different brain injuries have different causes, different levels of severity, and affect your life in different ways. The more severe your injuries are, the more likely they are to impact your life, and the higher the payout may be. Many other factors influence the value of your payout, such as who was at fault, the type of claim you are filing, and whether you work with an attorney.
How Much Compensation Do You Get for a TBI?
The amount of compensation you get for a traumatic brain injury depends on the damages you suffered and whether your injuries were caused by someone else’s negligence. If someone is liable for your injuries, you could recover the cost of medical bills, lost income, lost earning capacity, property damages, pain and suffering, mental trauma, and loss of enjoyment of life. An attorney can help you accurately assess your damages and pursue the full compensation the law allows.
How Long Does It Take to Settle a Brain Injury Case?
There isn’t a set amount of time it takes to settle a brain injury case. Some cases may be settled very quickly, while others may require significant negotiations and even go to court. The time your case takes to settle will depend on factors such as the evidence that supports your case, the willingness of the other party to settle, how long it takes for you to reach maximum medical improvement, and whether there are disputes about liability.
What Is the Cost of a Traumatic Brain Injury Lawyer?
The cost of a traumatic brain injury lawyer depends on your case and the attorney you work with, but most injury lawyers charge a contingency fee. This means they receive a percentage of the final settlement or verdict rather than you paying them fees upfront. The percentage may vary depending on the attorney’s experience, the complexity of your case, and where you are filing the case. If your claim goes to trial, the fee is likely to increase.
Does South Carolina Cap Compensation for a TBI Claim?
No, not in most cases. South Carolina does not cap economic or non-economic damages in standard negligence claims, like car accidents or falls. Caps only apply to medical malpractice claims and claims against the government.
Contact a TBI Attorney in Columbia Today
The Law Office of Charles T. Brooks III provides compassionate and dedicated legal support for those who are injured in our community. Contact our firm today to learn how we can help you.
