What Is a Brain Injury Case?

Suffered a closed head injury in Georgia or South Carolina? Our attorneys fight for full compensation for brain injuries caused by blunt force impact without skull fracture or penetration.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Legal Representation for Closed Head Injury Victims

A closed head injury occurs when the brain is damaged by a blow or jolt to the head without the skull being fractured or penetrated. Closed head injuries are the most common form of traumatic brain injury, accounting for the vast majority of TBI cases seen in emergency departments. According to the National Institute of Neurological Disorders and Stroke (NINDS), closed head injuries range from mild concussions to devastating diffuse axonal injuries that leave victims permanently disabled.

At Roden Law, our closed head injury lawyers represent victims across Georgia and South Carolina who have suffered brain damage from blunt impact, acceleration-deceleration forces, or rotational forces — even when the skull appears intact. These cases present unique diagnostic and legal challenges because the absence of visible skull damage leads insurance companies to dispute the severity of the brain injury.

Types of Closed Head Injuries

Closed head injuries encompass several distinct types of brain damage:

  • Concussion: The mildest form, involving temporary disruption of brain function
  • Contusion: Bruising of brain tissue, often at the point of impact (coup) and the opposite side (contrecoup)
  • Diffuse axonal injury (DAI): Widespread tearing of nerve fibers from rotational forces, one of the most destructive forms of TBI
  • Epidural hematoma: Bleeding between the skull and the outer brain membrane (dura mater)
  • Subdural hematoma: Bleeding between the dura mater and the brain surface, which can be acute or chronic
  • Subarachnoid hemorrhage: Bleeding in the space surrounding the brain
  • Intracerebral hemorrhage: Bleeding within the brain tissue itself

Common Causes of Closed Head Injuries

Closed head injuries are caused by sudden acceleration, deceleration, or impact forces acting on the brain:

  • Car accidents: The brain strikes the inside of the skull during rapid deceleration
  • Truck accidents: The massive forces involved cause severe closed head injuries
  • Slip and fall accidents: The head striking the ground or a hard surface
  • Motorcycle accidents: Even with helmets, rotational forces can cause diffuse axonal injury
  • Sports and recreational accidents: Impacts during contact sports and activities
  • Workplace accidents: Being struck by falling objects or equipment

The Coup-Contrecoup Mechanism

A hallmark of closed head injuries is the coup-contrecoup mechanism. When the head is struck or suddenly stops, the brain impacts the skull at the point of force (coup injury). The brain then rebounds and strikes the opposite side of the skull (contrecoup injury). This double impact can damage multiple areas of the brain simultaneously. In severe cases, the rotational forces tear the brain’s nerve fiber connections (axons), causing diffuse axonal injury — one of the most common causes of unconsciousness and persistent vegetative states after TBI.

Diagnosing Closed Head Injuries

Closed head injuries are diagnosed through a combination of clinical evaluation and imaging. Standard CT scans detect bleeding and large contusions but may miss subtle injuries. MRI provides more detailed imaging of brain structures and is better at detecting contusions and smaller hemorrhages. Advanced imaging including DTI (diffusion tensor imaging), SWI (susceptibility-weighted imaging), and fMRI can reveal diffuse axonal injury and microhemorrhages invisible on standard scans. These advanced techniques are often critical for proving the existence and severity of a closed head injury in a legal claim.

Georgia and South Carolina Legal Standards

Closed head injury claims in Georgia are governed by the state’s negligence and personal injury statutes, including the modified comparative fault rule (O.C.G.A. § 51-12-33) allowing recovery if less than 50% at fault, and a 2-year statute of limitations (O.C.G.A. § 9-3-33). South Carolina allows recovery if the victim is less than 51% at fault, with a 3-year statute of limitations (S.C. Code § 15-3-530). In both states, expert medical testimony from neurologists and neuroradiologists is essential to proving the nature and extent of a closed head injury.

Damages in Closed Head Injury Cases

Closed head injury victims may recover compensation for emergency medical treatment, hospitalization, and surgery, neurological and cognitive rehabilitation, ongoing medical monitoring and medication, lost wages and diminished earning capacity, pain and suffering, cognitive and emotional impairment, and loss of enjoyment of life. The damages in closed head injury cases vary enormously depending on whether the injury resolves or leads to permanent impairment. Our attorneys work with medical experts to project the full scope of current and future losses.

Why Choose Roden Law for Closed Head Injury Cases

Our attorneys understand the medical complexity of closed head injuries and the diagnostic challenges these cases present. We work with leading neurologists, neuroradiologists, and neuropsychologists to document the injury and its impact. We know how to counter insurance company arguments that dismiss closed head injuries as “invisible.” Contact us for a free consultation — no fee unless we win your case.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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What to Do After a Brain Injury

  1. Get evaluated even if you never lost consciousness. Most traumatic brain injuries do not involve blacking out. "Walked away from it" is how serious injuries go undocumented on day one.
  2. Make sure every symptom is written into the record. Headaches, memory lapses, word-finding trouble, sleep disruption, irritability, and light or noise sensitivity. If it is not in the chart, it effectively did not happen.
  3. Keep a daily symptom journal. Brain injury symptoms fluctuate, and a contemporaneous log is far more persuasive than trying to reconstruct a bad month a year later.
  4. Ask someone close to you to write down what they notice. Families routinely see changes in temperament, patience, and follow-through that the injured person genuinely cannot perceive. That account carries real weight.
  5. Follow through on every referral. Neurology, imaging, vestibular therapy, and neuropsychological testing. Missed appointments become the argument that you had recovered.
  6. Do not give a recorded statement while you are symptomatic. Difficulty recalling detail is a symptom of the injury. On a transcript it reads as inconsistency, and it will be used that way.
  7. Do not settle before the prognosis is known. Cognitive and behavioral effects can take a year or more to declare themselves, and the lifetime cost of a brain injury dwarfs the early offer. Roden Law offers free consultations.

Proving Your Closed Head Injury Case

To win a personal injury case involving a brain injury, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Closed Head Injury Cases

Victims of a brain injury injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Closed Head Injury Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Closed Head Injury Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Closed Head Injury Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.