What Is a Severe Traumatic Brain Injury Case?

Suffered a severe traumatic brain injury in Georgia or South Carolina? Our attorneys pursue maximum compensation for catastrophic TBI causing permanent cognitive impairment, disability, and loss of independence.

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

Catastrophic Brain Injury Legal Representation

Severe traumatic brain injuries (TBIs) are among the most devastating injuries a person can survive. According to the Centers for Disease Control and Prevention (CDC), TBI is a leading cause of death and permanent disability in the United States, contributing to approximately 64,000 deaths annually. Survivors of severe TBI often face permanent cognitive impairment, physical disability, personality changes, and the loss of ability to live independently — consequences that affect not only the victim but their entire family for the rest of their lives.

At Roden Law, our severe TBI lawyers have the experience and resources to handle the most complex brain injury cases in Georgia and South Carolina. These cases involve substantial damages — often in the millions of dollars — and require specialized medical evidence, life care planning, and economic analysis to ensure victims and their families receive the compensation they need for lifetime care.

What Constitutes a Severe TBI

A traumatic brain injury is classified as severe when the victim experiences loss of consciousness lasting more than 24 hours, post-traumatic amnesia lasting more than 7 days, a Glasgow Coma Scale (GCS) score of 3-8 at admission, abnormal findings on CT or MRI scans showing structural brain damage, or the need for neurosurgical intervention (craniotomy, decompressive surgery). Severe TBIs may involve contusions (bruising of brain tissue), diffuse axonal injury (shearing of nerve fibers), intracranial hemorrhage (bleeding in or around the brain), penetrating injuries, or skull fractures with underlying brain damage.

Common Causes of Severe TBI

Severe traumatic brain injuries most commonly result from:

Long-Term Effects of Severe TBI

Survivors of severe TBI typically face permanent and life-altering consequences:

  • Cognitive impairment: Memory loss, difficulty with reasoning and problem-solving, impaired judgment
  • Physical disability: Paralysis, loss of motor function, seizure disorders, chronic pain
  • Communication disorders: Aphasia, difficulty speaking and understanding language
  • Behavioral and personality changes: Aggression, impulsivity, depression, emotional instability
  • Loss of independence: Inability to work, drive, manage finances, or perform daily activities
  • Shortened life expectancy: Severe TBI is associated with increased mortality risk and accelerated aging

Damages in Severe TBI Cases

Severe TBI cases involve the most substantial damages in personal injury law. Recoverable damages include past and future medical expenses (often millions of dollars for lifetime care), 24/7 attendant care and assisted living costs, cognitive rehabilitation and therapy, lost lifetime earning capacity, pain and suffering, loss of enjoyment of life, loss of consortium (for the victim’s spouse), and punitive damages when the defendant’s conduct was particularly reckless.

Georgia’s personal injury statutes (O.C.G.A. § 9-3-33 for the 2-year limitations period) and South Carolina’s (S.C. Code § 15-3-530 for the 3-year period) govern the filing deadlines. For victims who are incapacitated, tolling provisions may extend these deadlines.

Life Care Planning and Economic Analysis

Our attorneys work with certified life care planners who develop comprehensive projections of the victim’s future medical and care needs, including medications, therapies, assistive technology, home modifications, and attendant care for the remainder of their life expectancy. Forensic economists calculate the present value of these future costs and the victim’s lost earning capacity. This expert evidence is essential to ensuring the jury or insurance company understands the true financial impact of a severe TBI.

Why Choose Roden Law for Severe TBI Cases

Severe TBI cases require substantial legal resources, medical expertise, and trial experience. Our attorneys have handled catastrophic brain injury cases resulting in multi-million-dollar recoveries. We advance all case costs, retain the best medical experts, and are prepared to take your case to trial if the insurance company refuses to offer fair compensation. There is no fee unless we win. If your brain injury was caused by a closed head injury or oxygen deprivation, our team handles the full spectrum of TBI cases.

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What to Do After A severe traumatic brain injury

  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. your state 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.

Proving Your Severe Traumatic Brain Injury Case

To win a personal injury case involving a severe traumatic 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 Severe Traumatic Brain Injury Cases

Victims of a severe traumatic 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 Severe Traumatic Brain 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.

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Roden Law Severe Traumatic Brain Injury Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
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 May 2026.

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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 Severe Traumatic 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.