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What Can I Do if a Traumatic Brain Injury is Discovered Years After a Car Accident?

October 30, 2018

One of the most important things to do after a car accident is get medical treatment. The doctors need to test you to see if you’ve suffered any injuries. This is important whether you think you’re hurt or not. You could’ve suffered internal injuries. You may have suffered a traumatic brain injury. A doctor can run the necessary tests to see if this is the case.

There are times, however, when even medical tests don’t show certain types of injuries. For example, you may have suffered a traumatic brain injury (TBI) and it doesn’t immediately show up on tests. It could take weeks or months for you to discover that you’ve suffered a TBI. This is why South Carolina gives plaintiffs plenty of time to file their lawsuit. They understand that some injuries won’t present themselves until well after the accident.

The statute of limitations in South Carolina is three (3) years. This means that, generally, you have three years from the date of the car accident to file a lawsuit. If you are a day late, your claim could be dismissed. This is why it’s so important to have an experienced Lugoff auto accident attorney by your side.

Traumatic Brain Injury Lawyers Know the Statute of Limitations

As mentioned above, you only have three years to file a personal injury lawsuit in South Carolina. If you don’t file within this time frame, your claim will likely be barred. However, there are exceptions to the three-year rule. Some of these are specifically outlined in the South Carolina personal injury statutes. Others are open to interpretation by the court. Your traumatic brain injury lawyer can help better explain how the statute applies to your case.

Most of the time, three years is plenty of time to file a lawsuit. However, what if you don’t discover you have a TBI until after the three years are up? This can present a difficult dilemma. Your lawyer is going to either get permission from the defendant to file the claim late or they’ll need approval from the court. The court will consider the following arguments:

  • You were disabled for some time following the accident and weren’t able to file your claim
  • You had no reason to know of the injury until it was discovered
  • The defendant caused the delay by refusing to pay for medical treatment (for example, if their insurance company refuses to cover your medical tests and treatment)
  • Your discovery of a TBI was delayed due to a doctor’s misdiagnosis

If your case is outside the statute of limitations, you will need an experienced traumatic brain injury attorney to fight to get your time extended.

How Can a Personal Injury Attorney in Lugoff Help You?

Filing any sort of lawsuit can be a daunting experience. This is the case even for people without a traumatic brain injury. If you or a loved one have suffered a TBI due to a car accident, you are going to have a very difficult time handling your own case. Personal injury attorneys understand the law. They know the filing deadlines. They also understand the exceptions to the filing requirements.

If you have a TBI but didn’t discover it for years after the accident, you are in jeopardy of missing the filing deadline. Even if you’re within the three years, you may be cutting it close by the time you get your case and paperwork together. Don’t take the chance. Your entire case could be dismissed if you file outside the statute of limitations.

Your personal injury attorney can file the necessary motions to get a claim filed outside the statute accepted. He will still need to prove that you meet the criteria above, but he has a much chance of doing this than you do. Even if you have a million-dollar claim, if it’s not timely filed, you will get nothing!

Contact a Personal Injury Attorney in Lugoff, South Carolina Today

If you have suffered a TBI in a car accident, contact a Lugoff personal injury attorney right away. You can schedule your free consultation and meet with an experienced attorney. He can review your case and see how strong your case is. He can also check to see if you are running up against any filing deadlines. There is simply too much at stake to not have a professional handle this for you. The consultation is free and you pay nothing until you settle your case.