A traumatic brain injury (TBI) may occur when someone experiences significant trauma to the head. Such an injury can be debilitating, and many TBI survivors live with diminished cognitive abilities and cannot live independently. Damages for a TBI should be quite substantial to reflect the magnitude of the injury, and a good settlement should be similarly significant.
What makes a good settlement depends on numerous factors surrounding your TBI. A good settlement should adequately cover your costs from the accident, including medical care. Ideally, economic and non-economic damages should be considered in a good settlement because TBIs can be costly to treat and traumatic to endure. To increase your odds of a good settlement, we need to get as much evidence as we can. The stronger our evidence, the more likely the defendant will settle to avoid a humiliating defeat in court. It is best to get started as soon as possible. If a settlement does not work out, we must file a lawsuit before the statute of limitation expires.
Get a free, private case assessment from our South Carolina personal injury attorneys at Burriss Ridgeway Injury Lawyers by calling our offices at (803) 451-4000.
Settlements for Traumatic Brain Injuries in South Carolina
A TBI is a truly devastating injury. Survivors are often forever altered with reduced cognitive functioning. Many can no longer work or live independently and have to give up their careers, aspirations, and independence. A good settlement for such an injury should reflect the gravity of the situation, and an attorney can help you get what you rightfully deserve.
Good Settlements
A good settlement varies from case to case. In general, a good settlement is a fair settlement and should adequately cover the financial costs of the accident and your injuries. With TBIs, injured victims often require long-term medical care, and a good settlement should account for future medical expenses. Otherwise, you might quickly run out of funds from the settlement and be unable to continue paying for treatment.
Considering how TBIs tend to have a significant emotional and psychological impact on you and your loved ones, a good settlement should account for non-economic damages in addition to economic losses. Your pain, suffering, reduced quality of life, and the loss of enjoyment of your life should be factored into the settlement.
Bad Settlements
Sometimes, a settlement might seem good at first but it quickly becomes clear it was a bad one. A sure sign of a bad settlement is damages left unaccounted for. Maybe the defendant offers a settlement that covers your immediate medical costs but not your future medical expenses. Maybe they do not factor in the emotional and psychological damage you have endured into the settlement. If you are offered a settlement that feels unsatisfactory, review it with our South Carolina personal injury lawyers.
A settlement might also be bad if it leaves you feeling as though the defendant has evaded any accountability. Some defendants feel they can throw money at the problem and make it go away without remorse. While this might help you pay for your economic expenses, it might leave you with a lack of closure. If a settlement does not feel right, talk to your lawyer. You might get the justice you need in the courtroom.
What You Need to Get a Good Settlement for a TBI in South Carolina
The key to getting a good settlement is evidence. When an accident victim has enough evidence to prove who is responsible, the other person tends to cooperate more in settlement negotiations. For example, suppose you or someone you love experienced a traumatic brain injury in a car accident, and we have enough evidence to prove that the other driver caused the crash. In that case, the other driver will likely be more willing to offer a good settlement rather than resist and drag things out in court.
Remember, settlements are private agreements that happen outside the courtroom. While evidence is important, we do not have a burden of proof to meet to get a good settlement. However, if it is clear that we lack enough evidence to meet the burden of proof, the other person might be inclined to offer a smaller settlement because they know they have a better chance of winning in court. In short, the more evidence we have, the better.
In addition to evidence, you need an attorney who can negotiate for you. Settlements are not a cut-and-dry process. Negotiations can take a while, and a good lawyer can use the evidence you have to persuade the other person into a good settlement agreement.
How Soon You Should Start Negotiating a Settlement for a TBI in South Carolina
Getting settlement negotiations started as soon as possible may help you in more ways than one. First, getting started soon may give you more time to negotiate. It is normal for negotiating parties to go back and forth on a settlement for a bit. Sometimes, negotiations take weeks or months before an agreement is reached. However, being mindful of the time is also important if negotiations break down and a settlement cannot be reached.
The statute of limitations under S.C. Code Ann. § 15-3-530(5) gives you only 3 years to file a case in court about the accident that caused your TBI. If you start too late, you might use up all this time negotiating a settlement. If the settlement falls through, you might have run out of time to file a case or take other legal action. If your claims are time-barred, there is no reason for the other person to agree to a settlement because you are time-barred from filing your claims in court.
We must also be mindful of how long settlement negotiations take. They can sometimes drag on, and you risk violating the statute of limitations. Defendants sometimes try to drag negotiations on because they want you to become time-barred, allowing them to simply walk away scot-free. If you think this is happening, tell your lawyer immediately.
Get Help From Our South Carolina Personal Injury Attorneys Now
Get a free, private case assessment from our Columbia, SC personal injury attorneys at Burriss Ridgeway Injury Lawyers by calling our offices at (803) 451-4000.
