Average Traumatic Brain Injury Settlement in South Carolina (2025)

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.

Damages Available in a Traumatic Brain Injury Settlement

In December 2022, the Centers for Disease Control (CDC) recorded 5,961 TBIs. The CDC also reported that there were 69,473 deaths in 2021 that were related to TBIs.

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. When another party is entirely liable for your injuries, they must cover your total damages. If multiple parties were liable, you could recover portions of your damages from each party. However, if you were partially at fault, this can limit the amount of compensation you can recover. If you are responsible for half or more of the fault, you will be unable to recover compensation.
• 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 much 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

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 get the most compensation possible.

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.

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.