Our experienced Greenville personal injury lawyer at Bobby Jones Law explains catastrophic injury claims in Greenville, SC. If you’re a victim, here’s what you may be entitled to recover.
What Is Considered a Catastrophic Injury?
A catastrophic injury is a life-changing injury. The person won’t fully heal in the foreseeable future. The injury is significant enough to change a person’s life in the long term. The impact may be permanent.
Examples of catastrophic injury
What is considered a catastrophic injury may include:
Brain injury. Impairing cognition or causing long-term symptoms.
Broken bones. Resulting in disfigurement.
Burns. Causing physical scars and deformity.
Organ damage. That impairs functioning or lowers life expectancy.
Spinal cord injury. Limiting movement or impairing nerve signaling.
Sensory damage. Including vision and hearing loss.
Amputation. Loss of a limb.
Cuts and bruises. Severe enough to result in visible scars.
With no strict definition of what counts as a catastrophic injury, it’s defined more by the impact of the injury than by the exact diagnosis. When an injury changes the course of a person’s life, it is catastrophic.
How Catastrophic Injury Claims Are Different
Catastrophic injury changes a personal injury claim in a couple of key ways. First, it changes available damages. Second, thorough case preparation and strategy are vital to obtain a fair award.
Catastrophic injury compensation
When an injury is catastrophic, it can impact damages in a personal injury claim. In Greenville, SC, personal injury law allows a person to claim compensation for losses arising from the incident. Damages are valued as closely as possible to what’s necessary to restore the person to their pre-injury condition. Money is both a representation of loss and a means of compensation for personal injury.
Catastrophic injury compensation has several unique areas of focus.
Future medical care
Future medical expenses can be claimed. This may include future doctor visits, surgery, physical therapy, medical equipment updates, and medications that the person will need for the rest of their life. These costs can exceed the initial treatment costs.
Personal care needs
A person with a catastrophic injury may depend on caregivers. Even when these caregivers are family, it comes with a cost. Personal care can be part of the case value.
Disability and disfigurement
Physical disability, disfigurement, and reduced life expectancy are losses that can result from a catastrophic injury. The claim may include the impact of injuries on the person’s daily activities and even their physical appearance.
Pain and suffering
Any injury comes with physical pain, emotional anguish, and sorrow. The person must grieve the loss of their physical health. Their injuries may affect their careers, social involvement, hobbies, and more. The physical and emotional suffering that comes with a catastrophic injury is great.
Award protection
The funds the person receives may need to last for a lifetime. The person may need financial management for future medical care and personal needs. Structuring the award to ensure longevity can be an important part of the process.
Catastrophic injury case management
When a personal injury claim involves a catastrophic injury, it changes the scope of the case. You can expect the defense to scrutinize all aspects of the case.
The claim begins by establishing the right to compensation. Given the high dollar amounts involved, the defense may try especially hard to deny fault. They may raise comparative fault. You must be ready to prove your case. You must anticipate defenses.
The same is true for damages. Thorough documentation of injuries is necessary. You can expect the defense to aggressively respond to your stated damages.
The defense may be more willing to go to trial rather than settle, in an effort to avoid a large compensation award.
A catastrophic injury claim may take time and considerable effort. However, the result may be a fair award that reflects the victim’s severe losses.
How South Carolina Law Treats Catastrophic Injury Claims
There are some damages limits in SC personal injury law. These include caps on non-economic damages in medical malpractice claims, caps on government liability under the South Carolina Tort Claims Act, and caps on punitive damages. However, there’s no general maximum for catastrophic injury. The defendant may seek damages that are appropriate and allowable under South Carolina law.
Who Decides Whether an Injury Is “Catastrophic”?
There is no exact definition of catastrophic. The jury won’t check a box as to whether they find the injuries are catastrophic.
You must prove:
- Accident. An accident occurred.
- Injuries. You suffered injuries.
- Causation. The injuries were from the accident.
- Fault. The defendant has legal fault.
- Losses. You have defined the value of your losses.
What if the person was especially fragile or prone to injury?
South Carolina law allows victims of catastrophic injury to claim their losses, whatever they may be. South Carolina uses the eggshell plaintiff rule. The rule means that even if someone has a pre-existing condition or is especially vulnerable, they may claim compensation for their losses. That’s true even if someone else in the same circumstances may not have been as hurt.
Pre-existing conditions can be a factor, but you can receive compensation for the worsening of a pre-existing condition. A lawyer can help you with the documentation needed if your case involves a pre-existing condition.
How Long Do You Have To File a Catastrophic Injury Claim in South Carolina?
The general statute of limitations for personal injury in South Carolina is three years, but there are exceptions. For government defendants, you have one year to file a claim notice. There may be extensions for minors or if the defendant is absent from the state.
You should always contact an attorney as soon as possible. The things you do early in the case, such as gathering evidence and documenting physical injury, can make your claim easier. A lawyer can assist you.
Talk to a Catastrophic Injury Lawyer
If you’re wondering if your case falls into the category of what is a catastrophic injury, please contact Bobby Jones Law. Speak with a lawyer who represents catastrophic injury victims. See what your case may be worth and how a lawyer can help.
Call or message us now.
