What Is a Brain Injury Case?

Suffered a concussion or mild traumatic brain injury in Georgia or South Carolina? Our attorneys fight for fair compensation even when insurance companies downplay so-called "mild" brain injuries.

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

Key Takeaways

If you were injured in a brain injury in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Legal Representation for Concussion and Mild TBI Victims

A concussion — clinically classified as a mild traumatic brain injury (mTBI) — is far from “mild” in its impact on victims’ lives. According to the Centers for Disease Control and Prevention (CDC), approximately 2.8 million traumatic brain injury-related emergency department visits occur annually in the United States, with the majority classified as mild TBI. Despite the “mild” label, these injuries can cause debilitating symptoms lasting weeks, months, or even years — disrupting careers, relationships, and daily functioning.

At Roden Law, our concussion lawyers understand that insurance companies routinely exploit the “mild” classification to minimize the value of these claims. We build comprehensive medical and expert evidence demonstrating the true impact of your concussion on your life, health, and earning capacity.

What Is a Mild Traumatic Brain Injury?

A mild TBI or concussion occurs when a blow, jolt, or penetrating injury to the head disrupts normal brain function. The American Congress of Rehabilitation Medicine defines mild TBI as involving any period of loss of consciousness lasting 30 minutes or less, any loss of memory for events immediately before or after the injury (post-traumatic amnesia) lasting less than 24 hours, any alteration in mental state at the time of the accident (feeling dazed, disoriented, or confused), and focal neurological deficits that may or may not be transient. A person can sustain a concussion without losing consciousness. This is a critical point, as insurance adjusters frequently argue that no loss of consciousness means no brain injury.

Common Causes of Concussions

Concussions result from a wide range of accidents, many caused by another party’s negligence:

  • Car accidents: The leading cause of TBI, particularly rear-end collisions and side impacts
  • Motorcycle accidents: Even with helmets, motorcyclists are vulnerable to concussive impacts
  • Slip and fall accidents: Falls causing the head to strike the ground or objects
  • Pedestrian accidents: Pedestrians struck by vehicles suffer high rates of head injury
  • Sports injuries: Contact sports, recreational activities, and gym accidents
  • Workplace accidents: Falling objects, falls from heights, and equipment impacts
  • Assaults: Intentional blows to the head

Symptoms and Long-Term Effects

Concussion symptoms frequently have a delayed onset, appearing hours or days after the injury. Common symptoms include persistent headaches, dizziness and balance problems, difficulty concentrating and memory impairment, sensitivity to light and noise, sleep disturbances, mood changes including irritability and depression, blurred vision, and fatigue. While many concussions resolve within weeks, a significant percentage of victims develop post-concussion syndrome (PCS) — persistent symptoms lasting months or years. Research published in the journal Neurology indicates that approximately 15-30% of mild TBI patients experience prolonged symptoms. Repeated concussions can lead to cumulative damage and chronic traumatic encephalopathy (CTE), a degenerative brain disease linked to second impact syndrome.

Proving Concussion Claims in Georgia and South Carolina

The challenge in concussion cases is that these injuries often do not appear on standard CT scans or MRIs. Insurance companies use this absence of visible structural damage to argue the injury is minor or nonexistent. Effective concussion claims require advanced neuroimaging such as DTI (diffusion tensor imaging) or fMRI, neuropsychological testing documenting cognitive deficits, treating physician opinions linking symptoms to the traumatic event, expert testimony from neurologists and neuropsychologists, and documentation of pre-injury baseline functioning compared to post-injury deficits.

Georgia’s modified comparative fault rule (O.C.G.A. § 51-12-33) allows recovery if you are less than 50% at fault. South Carolina permits recovery if you are less than 51% at fault. Both states allow claims for the full spectrum of brain injury damages.

Damages in Concussion Cases

Victims of concussions may recover compensation for emergency and ongoing medical treatment, neuropsychological testing and cognitive rehabilitation, lost wages during recovery, diminished earning capacity if cognitive deficits affect job performance, pain and suffering, emotional distress and anxiety, and loss of enjoyment of life. When concussions result from particularly reckless conduct, punitive damages may also be available.

Why Choose Roden Law for Concussion Claims

Our attorneys refuse to accept the “mild” label that insurance companies use to undervalue concussion claims. We work with neurologists, neuropsychologists, and life care planners to document the true impact of your brain injury. We handle every case on a contingency fee basis — no fee unless we win. If your concussion resulted from a more severe injury, our TBI team handles the full spectrum of brain injury cases.

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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.

The Rules That Apply

  • 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).
  • 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.

How negligence, compensation, deadlines and fault work: Brain Injury Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Recent Case Results

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

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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.