Traumatic brain injury (TBI) is a major cause of death and disability in the United States. These personal injuries are often the subject of legal liability claims arising from motor vehicle accidents, physical altercations (fights), and other incidents that may create liability.

Persons who survive a TBI can face effects that last a few days, or the rest of their lives. Effects of TBI can include impairments related to thinking or memory, movement, sensation (vision or hearing), or emotional functioning (personality changes, depression).

A TBI is caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from mild (a brief change in mental status or consciousness) to severe (an extended period of unconsciousness or memory loss after the injury). Most TBIs that occur each year are mild, commonly called concussions.

The leading cause of TBI-related emergency department (ED) visits vary by age:

• Falls are the leading cause of ED visits among young children aged 0 to 4 years and older adults 65 years and older.

• Being struck by or against an object are highest among those 5 to 14 years of age.

The leading cause of TBI-related hospitalizations also vary by age:

• Falls are the leading cause of hospitalizations among children 0 to 17 years and adults 55 years of age and older.

• Motor vehicle crashes are the leading cause of hospitalizations for adolescents and adults aged 15 to 44 years of age.

In South Carolina, traumatic brain injury (TBI) claims are treated under personal injury law. When a TBI is the result of another party's negligence, such as in motor vehicle accidents or falls due to unsafe conditions, the injured party may seek compensation through a personal injury lawsuit. The statute of limitations in South Carolina for personal injury claims is generally three years from the date of the injury, according to S.C. Code Ann. § 15-3-530. The severity of the TBI, ranging from mild concussions to severe brain damage, will influence the amount of damages that may be pursued, which can include medical expenses, lost wages, and pain and suffering. In cases involving minors, special rules apply for when the statute of limitations begins to run. For TBI cases that result in death, the victim's family may file a wrongful death lawsuit within three years of the date of death, as per S.C. Code Ann. § 15-3-530. It is important for individuals or families dealing with TBI as a result of another's actions to consult with an attorney to understand their rights and the applicable laws in South Carolina.