Learn how to minimize your liability and maximize your compensation after a catastrophic injury in Columbia
Catastrophic injuries often result in life-changing consequences like permanent disabilities, disfigurement, and an inability to work. These injuries typically require extensive medical care and rehabilitation, which can quickly strain the financial resources of accident victims.
In this guide, we’ll help you understand when an injury qualifies as catastrophic and how that might impact the amount of compensation you’re entitled to. Whether you’ve suffered a catastrophic injury in a car crash, a slip and fall, or an accident at work, it’s essential to have the guidance of an experienced accident attorney who can help you explore your legal options and maximize your compensation.
If you have questions about your claim, want help estimating how much it’s worth, or are ready to begin pursuing the compensation you deserve, reach out to the experienced Columbia personal injury attorneys at Chappell, Chappell, and Newman to schedule a free consultation.
We handle both personal injury and workers’ compensation claims to simplify the process and help accident victims in South Carolina get the full compensation they’re entitled to.
What qualifies as a catastrophic injury?
A catastrophic injury is a severe injury that results in long-term or permanent disability, disfigurement, or a significant decrease in your quality of life. These injuries often require extensive medical treatment, rehabilitation, and ongoing care.
Unlike minor injuries, catastrophic injuries can lead to lasting impairments that affect a person’s ability to work, live independently, or even manage daily tasks.
What are examples of catastrophic injuries?
Injuries that typically qualify as catastrophic include the following:
- Traumatic brain injuries (TBIs). Brain injuries can affect memory, cognitive function, and personality, often impacting both personal and professional relationships, as well as the quality of life for the victim and their family.
- Spinal cord injuries. Damage to the spinal cord can result in partial or complete paralysis, often requiring lifelong care or rehabilitation and drastically altering mobility and independence.
- Severe burns and disfigurement. Deep burns may leave lasting scars or disfigurement, which can impact physical health and emotional well-being due to visible changes in appearance.
- Organ damage and internal injuries. Damage to vital organs often requires ongoing medical care and lifestyle adjustments and may significantly impact overall health and independence.
- Amputations and loss of body parts. Losing a limb or other body part can make it difficult to work and perform daily tasks, often requiring prosthetics, rehabilitation, and home modifications for independent living.
- Vision and hearing loss. Severe eye or ear injuries can result in total vision or hearing loss, significantly affecting the individual’s ability to navigate daily tasks and maintain social or professional connections.
- Fractures and crush injuries. Severe fractures or crush injuries can lead to chronic pain and mobility issues and may require multiple surgeries and long-term rehabilitation.
These catastrophic injuries frequently demand significant medical care and rehabilitation. In the most unfortunate cases, they can lead to wrongful death.
Most common causes of catastrophic injuries
Each year, thousands of South Carolinians experience life-changing injuries or lose their lives in devastating accidents. According to the South Carolina Department of Public Health (SCDPH), 2021 alone saw 6,150 injury-related deaths, 25,521 hospitalizations, and a staggering 420,806 emergency department visits across the state.
Common causes of these catastrophic injuries in South Carolina include:
- Motor vehicle accidents. High-impact crashes involving cars, trucks, or motorcycles often result in catastrophic injuries like TBIs, spinal cord damage, or severe fractures. These collisions are especially dangerous on South Carolina’s busy highways and rural roads, where speeding and distracted driving are common.
- Slip and fall accidents. When property owners fail to maintain their premises, avoidable hazards can lead to serious falls and injuries. Wet floors, inadequate lighting, and missing railings are common culprits in these serious accidents.
- Nursing home malpractice. Negligence in nursing homes—such as failure to monitor residents or provide proper medical care—can lead to catastrophic outcomes like brain injuries from falls, severe infections, or even wrongful deaths. Vulnerable residents often suffer the most when care standards are not upheld.
- Defective products. Dangerous products, including poorly designed machinery, malfunctioning tools, or unsafe medications, can lead to life-altering injuries. For example, a defective car part could result in a crash, while a mislabeled pharmaceutical could cause severe health complications.
- Workplace accidents. Injuries caused by heavy machinery, work-related driving accidents, toxic chemicals, or falls from scaffolds or ladders can leave workers permanently disabled. In industries like manufacturing, construction, and agriculture, the risk of catastrophic injuries is particularly high, and safety lapses can have devastating consequences.
If you or a loved one suffered a catastrophic injury in Columbia at work or because of someone else’s negligence, you may be able to file a claim to recover compensation for your injury.
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How can I get compensation for a catastrophic injury in South Carolina?
If you’ve suffered a catastrophic injury, there are two primary ways to seek compensation: a personal injury claim or a workers’ compensation claim.
Personal injury claim
A personal injury claim allows you to seek compensation from the party who caused your catastrophic injury. For a successful personal injury claim, you will have to prove the other party was negligent and that their negligence directly caused your injury.
Compensation in a personal injury claim can include economic losses (wage loss, property damage, medical bills, etc.) and non-economic damages like pain and suffering and loss of enjoyment of life.
Workers’ compensation claim
If your catastrophic injury occurred while performing your job duties, you may be eligible for workers’ compensation benefits. Workers’ comp is a no-fault system, meaning you do not have to prove your employer was negligent. As long as the injury happened while you were working, you’re typically entitled to benefits.
However, unlike a personal injury claim, workers’ compensation only covers economic damages like medical treatment and wage replacement. It does not cover pain and suffering or other non-economic damages.
Accepting workers’ compensation benefits means you waive your right to file a personal injury claim against your employer. However, if your injury resulted from the negligence of a third party (someone other than your employer), you may be able to file a personal injury claim against that third party and collect workers’ comp benefits.
Here’s an example: Let’s say you’re a delivery driver who was injured in a car accident by a drunk driver. In that case, you’d likely be able to collect workers’ comp benefits from your employer and file a personal injury lawsuit against the negligent driver.
If you’ve suffered a catastrophic work-related injury due to a third party’s negligence, it’s crucial to consult with a local Columbia work injury attorney who can help you understand your rights and determine the best course of action.
What is a catastrophic injury claim?
A catastrophic injury claim is a type of personal injury claim that seeks financial compensation for injuries so severe that they result in long-term or permanent disability, disfigurement, or a significant loss of quality of life.
These claims are distinct from standard personal injury claims due to the severity of the injuries and the extensive financial, emotional, and physical impact on the victim’s life.
Catastrophic injury claims aim to recover compensation for:
- Medical expenses. This includes costs for emergency care, surgeries, hospitalization, rehabilitation, medication, and any ongoing or future treatment related to the injury.
- Caregiving and in-home assistance. Compensation for the cost of professional caregivers or the value of care provided by family members.
- Pain and suffering. This addresses the physical pain and emotional distress caused by the injury, including anxiety, depression, and the overall impact on mental health.
- Loss of enjoyment of life. Reflects the reduction in the individual’s quality of life due to the inability to participate in hobbies, activities, or personal milestones they once enjoyed.
- Lost wages and future earning capacity. Compensation for income lost due to time away from work and diminished earning potential if the injury prevents the individual from returning to their previous job or pursuing any employment.
- Mobility aids and adaptive needs. Covers costs for items like wheelchairs, prosthetics, home modifications (e.g., ramps or lifts), and other assistive devices to improve mobility and independence.
- Loss of consortium. Provides compensation to family members, such as spouses, for the loss of companionship, support, and affection resulting from the injury.
In cases of extreme negligence or intentional harm, courts may also award punitive damages to punish the responsible party and deter similar behavior in the future.
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How does liability impact compensation in South Carolina personal injury lawsuits?
Proving liability is crucial because it determines who is legally responsible for paying compensation. South Carolina follows a comparative negligence rule, which means your compensation in a personal injury lawsuit can be reduced based on your percentage of fault for the accident.
Additionally, you must be 50% or less at fault to recover compensation. If you’re found to be 51% or more responsible, you won’t be able to recover any damages.
For example, if you’re determined to be 30% at fault, your total compensation will be reduced by that percentage. So, if you would have received $100,000, your final compensation would be $70,000, reflecting a 30% reduction due to your own liability.
Because catastrophic injury claims often result in high compensation awards, your degree of fault can have a significant impact on the amount of money you ultimately receive. Consulting with an experienced Columbia catastrophic injury lawyer early on in the process is often crucial to protecting your rights, limiting your liability, and maximizing your compensation.
How is pain and suffering calculated in SC?
Pain and suffering compensation accounts for the physical pain, emotional distress, and reduced quality of life caused by an injury. Unlike economic damages, there is no specific formula for calculating non-economic damages like pain and suffering. Judges, juries, and insurance adjusters consider several factors, such as the degree of negligence and the lasting impact of the injury on the victim’s life.
Two primary methods are commonly used to calculate pain and suffering in South Carolina personal injury claims:
- Multiplier method. This method multiplies the plaintiff’s economic damages (like medical bills and lost wages) by a number typically ranging from 1 to 5, depending on the severity of the injury and its impact on the plaintiff’s life. For instance, if the plaintiff’s economic damages total $100,000 and a multiplier of 4 is applied, the value for pain and suffering would be $400,000. More severe, life-altering injuries, like catastrophic injuries, receive higher multipliers.
- Per diem method. This approach calculates pain and suffering by assigning a daily dollar amount to the victim’s experience of discomfort and hardship. That daily rate is then multiplied by the number of days it takes for the victim to fully recover or reach the best possible level of improvement in their medical condition. For example, if a plaintiff is awarded $100 per day and their recovery takes 365 days (1 year), their pain and suffering damages would be $36,500.
While these methods offer general guidelines, the actual amount awarded varies based on the unique circumstances of each case. Factors such as the injury’s impact on the victim’s daily life, the visibility of scars or disfigurement, and the level of emotional distress should all be taken into account.
Is there a cap on pain and suffering in SC?
Unlike many other states, in South Carolina, there is no cap on pain and suffering damages in most personal injury cases. This means there is no legal limit to the amount of compensation you can receive for pain and suffering in South Carolina.
However, an exception applies to medical malpractice claims, where non-economic damages, including pain and suffering, are subject to specific limits.
What is the statute of limitations for injury in SC?
In South Carolina, the statute of limitations for personal injury claims is generally 3 years from the date of the injury. This means you typically have 3 years to file a lawsuit; otherwise, you may lose the right to seek compensation.
However, if the injury involves a government entity, the time frame is shorter (typically 2 years), so be sure to speak with a local Columbia attorney to understand the specific deadlines that apply to your situation.
Looking for the best Columbia catastrophic injury lawyer to help with your claim?
If you or a loved one has suffered a catastrophic injury in South Carolina, you don’t have to face the legal challenges alone. At Chappell, Chappell, and Newman, our experienced Columbia personal injury attorneys are committed to fighting for the rights of injury victims throughout our state.
Whether you’ve been injured at work or due to someone’s negligence, our team of attorneys will work tirelessly to maximize your compensation and support you every step of the way.
Take control of your future and learn more about your legal options for financial recovery by scheduling a free consultation with Chappell, Chappell, and Newman today.
References
Injury Data Dashboard | South Carolina Department of Public Health. (2019). Sc.gov. https://www.dph.sc.gov/health-wellness/health-safety/injury-and-violence-prevention/injury-data-dashboard