What Is a Brain Injury Case?

A traumatic brain injury can change everything in an instant — your ability to work, your relationships, and your independence. If you or a loved one has suffered a brain injury due to someone else's negligence in Georgia or South Carolina, our attorneys fight to secure the lifetime compensation you need for medical care, rehabilitation, and financial security. We never charge upfront fees.

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

Key Takeaways

The deadline to sue for a traumatic brain injury is two years in Georgia (O.C.G.A. § 9-3-33) and three years in South Carolina (S.C. Code § 15-3-530), so start before symptoms like memory loss have fully emerged. When a head injury comes from a crash, the states treat seat belts differently. In lawsuits commenced on or after April 21, 2025, Georgia admits evidence that you were unbelted, and it may reduce your recovery (O.C.G.A. § 40-8-76.1(d)). South Carolina bars that evidence in civil cases (S.C. Code § 56-5-6540). You can still recover with partial fault: under 50% in Georgia (O.C.G.A. § 51-12-33), and 50% or less in South Carolina (Nelson v. Concrete Supply Co.). Roden Law takes brain injury cases on contingency, with a free consultation at its Georgia and South Carolina offices.

Why Hire Brain Injury Lawyers?

Traumatic brain injury cases are among the most complex in personal injury law. The full extent of a TBI may not be apparent for weeks or months after the initial injury, and the long-term costs — including cognitive rehabilitation, neuropsychological therapy, assistive care, and lost earning capacity — can reach millions of dollars over a lifetime. Insurance companies routinely undervalue these claims by focusing on initial medical bills rather than the true lifetime impact.

Our attorneys work with neurologists, neuropsychologists, neuroradiologists, life care planners, and vocational rehabilitation experts to document the full scope of your brain injury and project your future needs. We understand how to present complex medical evidence — including advanced imaging such as MRI, CT, DTI, and fMRI — in a way that clearly demonstrates the severity of your injury to insurance adjusters, judges, and juries.

Whether your TBI resulted from a car accident, fall, workplace incident, or act of violence, Roden Law has the resources and experience to pursue maximum compensation under Georgia and South Carolina law. We take these cases personally because the stakes for our clients and their families could not be higher.

At Roden Law, our personal injury attorneys have helped numerous victims secure millions in compensation across Georgia and South Carolina. We provide all potential clients with a free, no-obligation review of their claim and do not charge upfront legal fees.

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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.

Georgia vs. South Carolina Brain Injury Laws

If you were injured in Georgia or South Carolina, the laws governing your brain injury claim differ by state. Below is a side-by-side comparison of the key legal rules that affect your case.

Legal Rule Georgia South Carolina
Statute of Limitations 2 years (O.C.G.A. § 9-3-33) 3 years (S.C. Code § 15-3-530)
Comparative Fault Rule Modified — recover if less than 50% at fault (O.C.G.A. § 51-12-33) Modified — recover if 50% or less at fault (Nelson v. Concrete Supply Co., 1991)
Compensatory Damages Cap No cap, except some claims against government (e.g., O.C.G.A. § 50-21-29) No general cap; capped in medical malpractice and against government or charities (S.C. Code §§ 15-32-220, 15-78-120, 33-56-180)
Punitive Damages Cap $250,000 in most cases; no cap for product liability, intent to harm, or impairment (O.C.G.A. § 51-12-5.1) Greater of 3x compensatory or $739,245 (2026; adjusted yearly), with exceptions (S.C. Code § 15-32-530)
Filing Court Superior or State Court, any amount; Magistrate Court up to $15,000 (O.C.G.A. § 15-10-2) Circuit Court (Common Pleas), any amount; Magistrate Court up to $7,500 (S.C. Code § 22-3-10)

Sources: Georgia and South Carolina statutes and court decisions, as cited in each row.

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Common Causes of Brain Injury Cases

  • Motor vehicle accidents (car, truck, motorcycle)
  • Falls from heights and slip-and-fall accidents
  • Workplace and construction site accidents
  • Sports and recreational activities
  • Bicycle and pedestrian accidents
  • Acts of violence and assaults
  • Medical malpractice (surgical errors, birth injuries)
  • Defective products and equipment
  • Blast injuries and explosions
  • Boating and watercraft accidents
  • Oxygen deprivation (near-drowning, anesthesia errors)
  • Nursing home falls and neglect

Common Injuries in Brain Injury Cases

Concussions and Mild TBI

Even "mild" traumatic brain injuries can cause persistent headaches, dizziness, memory problems, difficulty concentrating, and mood changes that last months or years. Post-concussion syndrome can significantly impair daily functioning and employment.

Contusions and Brain Bruising

A brain contusion is a bruise on the brain tissue itself, often caused by a direct blow to the head. Severe contusions may require surgical removal and can result in lasting neurological deficits depending on the affected brain region.

Diffuse Axonal Injury (DAI)

DAI occurs when the brain rapidly shifts inside the skull, tearing nerve fibers throughout the brain. This is one of the most devastating forms of TBI, frequently causing prolonged coma, persistent vegetative state, or severe permanent disability.

Intracranial Hemorrhage

Bleeding within or around the brain — including epidural, subdural, and subarachnoid hemorrhages — creates dangerous pressure that can cause rapid neurological deterioration and requires emergency surgical intervention.

Skull Fractures

Fractures to the skull can range from simple linear cracks to depressed fractures that push bone fragments into brain tissue. Basilar skull fractures at the base of the skull carry additional risks of infection, CSF leaks, and cranial nerve damage.

Anoxic and Hypoxic Brain Injuries

When the brain is deprived of oxygen — due to near-drowning, cardiac arrest, anesthesia errors, or strangulation — widespread and often irreversible brain cell death occurs within minutes, leading to severe cognitive and physical impairment.

Cognitive and Behavioral Impairment

TBI survivors frequently experience lasting deficits in memory, attention, executive function, language, and emotional regulation. Personality changes, impulsivity, depression, and anxiety are common and profoundly impact relationships and independence.

Seizure Disorders (Post-Traumatic Epilepsy)

Brain injuries significantly increase the risk of developing epilepsy and recurrent seizures, which may require lifelong anticonvulsant medication, restrict driving privileges, and limit employment opportunities.

Roden Law Brain Injury Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across 170+ verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 6 office locations

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

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

Reviewed by Eric Roden, Founding Partner, CEO — Licensed in Georgia

Frequently Asked Questions

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

Contact Our Brain 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.