What Is a Brain Injury Lawyers in Charleston, SC Case?

Roden Law represents people who have suffered a traumatic brain injury in Charleston, South Carolina and throughout the Lowcountry — Mount Pleasant, Summerville, Goose Creek, and the peninsula. Brain injuries are often catastrophic and permanent, and we handle every claim on a contingency fee basis: you pay nothing unless we win. Roden Law has recovered […]

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law

Key Takeaways

If you were injured in a brain injury in Charleston, South Carolina, you generally have 3 years from the date of injury to file a lawsuit (S.C. Code § 15-3-530). South Carolina follows a modified comparative negligence rule — you can still recover as long as you are Modified — recover if less than 51% at fault, with your award reduced by your percentage of fault. There is no cap on compensatory damages in an ordinary South Carolina injury case. Roden Law represents Charleston injury victims on a contingency fee: the consultation is free and there is no fee unless we win.

Roden Law represents people who have suffered a traumatic brain injury in Charleston, South Carolina and throughout the Lowcountry — Mount Pleasant, Summerville, Goose Creek, and the peninsula. Brain injuries are often catastrophic and permanent, and we handle every claim on a contingency fee basis: you pay nothing unless we win. Roden Law has recovered more than $300 million for injured clients across Georgia and South Carolina and holds a 4.9-star average from hundreds of client reviews. Call (843) 790-8999 for a free, confidential case review.

Why Choose Roden Law for a Charleston Brain Injury Claim

A traumatic brain injury (TBI) can permanently change a person’s ability to work, think, and care for themselves — and full-value cases require medical experts, life-care planners, and vocational economists, not just a demand letter. What separates Roden Law is direct attorney involvement and the resources to build that proof. Our office at 127 King Street sits on the Charleston peninsula, minutes from the Charleston County Circuit Court and MUSC and Roper, so investigation, records, and filings happen without delay.

  • No fee unless we win — free consultation and no out-of-pocket cost to investigate your claim.
  • Life-care planning — we quantify future medical care, therapy, and 24/7 attendant needs so nothing is left off the table.
  • Trial-ready — we prepare every claim for the Charleston County Circuit Court, which is what moves insurers to pay full value.

How Charleston Brain Injuries Happen

The TBI cases our Charleston attorneys handle most often arise from:

  • Car and truck crashes on I-526, the Ravenel Bridge, US-17, and I-26 — the leading cause of serious head trauma.
  • Falls — from heights, on stairs, and on unsafe premises.
  • Pedestrian and bicycle collisions on the peninsula and Mount Pleasant corridors.
  • Workplace, construction, and port incidents.
  • Medical negligence, including oxygen-deprivation and surgical injuries.

South Carolina Brain Injury Law: What Charleston Victims Need to Know

Symptoms Can Be Delayed — Document Everything Early

TBI symptoms — memory loss, confusion, mood and behavioral changes, headaches — often do not appear until hours or days after the injury. Prompt medical evaluation and consistent documentation are critical, both to your health and to proving the injury later.

Economic Damages Drive the Value — and SC Does Not Cap Them

In a serious brain injury, the economic damages — a lifetime of future medical care, lost earning capacity, and around-the-clock care — often dwarf everything else. South Carolina places no cap on compensatory damages in ordinary injury cases (the medical-malpractice cap is the narrow exception), so a properly built life-care plan is frequently the difference between a lowball offer and full compensation.

The Deadline: 3 Years, and the 51% Fault Bar

The statute of limitations is three years from the date of injury under S.C. Code § 15-3-530. South Carolina’s modified comparative fault rule lets you recover as long as you are 50% or less at fault, with your award reduced by your share — insurers often try to shift blame to cut a large TBI payout, and we anticipate that tactic.

Learn More About South Carolina Injury Law

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What to Do After A brain injury in Charleston, SC

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. South Carolina law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

South Carolina Personal Injury Law

Statute of Limitations 3 years (S.C. Code § 15-3-530)
Comparative Fault Modified — recover if less than 51% at fault

Filing a Personal Injury Case in Charleston

Filing a personal injury case in downtown Charleston means filing in the Charleston County Court of Common Pleas at 100 Broad Street, on the Tyler Odyssey-based South Carolina E-Filing system. Most cases are sent to mandatory mediation under SC ADR rules before reaching the jury trial roster, and a typical contested case takes 18–30 months from complaint to verdict.

Charleston’s peninsula geography concentrates risk on a few well-known corridors: the Crosstown (US-17 / Septima P. Clark Parkway), the Arthur Ravenel Jr. Bridge to Mount Pleasant, and the dense tourist grid around King and Market Streets, where rideshare drop-offs and carriage tours mix with out-of-state drivers. Charleston County logged more than 2,500 truck-related crashes in 2023, and the I-26/I-526 interchange just west of the peninsula recorded 354 collisions over a five-year period. Serious-injury patients from peninsula crashes are routed to MUSC Health (171 Ashley Ave) — the Lowcountry’s only Level I trauma center.

Under South Carolina law, you have 3 years to file under S.C. Code § 15-3-530, and you can recover only if you are less than 51% at fault. Shorter notice deadlines apply if SCDOT or the City of Charleston is a defendant under the SC Tort Claims Act.

Do I Have a Brain injury Case in Charleston?

Traumatic brain injury (TBI) is not its own cause of action — it rides on the underlying tort: a vehicle crash, a fall, an assault, a defective product, or a medical procedure. The negligence framing follows whichever underlying claim applies, and standard South Carolina negligence elements (duty, breach, causation, damages) must be proven. TBI cases are distinct in proof of injury: mild TBI / concussion plaintiffs face heavy defense pushback because conventional CT and MRI imaging is often normal. Building proof requires neuropsychological testing, diffusion tensor imaging (DTI), and life-care planning expert testimony. Filing deadline: 3 years under S.C. Code § 15-3-530.

Types of Compensation in South Carolina Brain injury Cases

Future medical care, lost earning capacity, and noneconomic damages dominate TBI recoveries. Lifetime cognitive rehab, attendant care, vocational retraining, and assistive technology routinely push economic damages into seven figures even in moderate-injury cases. South Carolina imposes no statutory cap on noneconomic damages outside the medical-malpractice context — so most TBI cases (auto, premises, products) are uncapped on pain and suffering. Defense vocational experts and life-care planners frequently spar with plaintiff experts over future-care assumptions, present-value reductions, and earning-capacity baselines.

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Roden Law Brain Injury Lawyers in Charleston, SC 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 July 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
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

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Charleston Office Today

If you were injured in Charleston and believe another party is at fault, contact us for a free, no-obligation review. Call (843) 790-8999 — no upfront cost.