South Carolina Catastrophic Injury FAQ

The Federal Government defines a catastrophic injury as an injury with “direct and proximate consequences” that “permanently prevents an individual from performing any gainful work.”  42 USC § 3796b.  In other words, a catastrophic injury is an injury that is so serious that its effects leave the victim with permanent damage. Catastrophic injuries often affect the victim’s ability to work and perform tasks necessary in daily life.  A South Carolina catastrophic injury lawyer can represent victims who have experienced injuries that include:

• Loss of a limb
• Spine injuries
• Traumatic Brain injuries / TBI
• Severe burns
• Organ damage
• Bone fractures

A catastrophic injury can occur anywhere, but it is more common for catastrophic injuries to occur as a result of truck accidents, car accidents, motorcycle accidents, medical malpractice, construction accidents, workplace injuries, defective products or falls from great heights.

Nerve damage can be permanent and life-altering. Nerves most commonly get damaged due to burning, stretching, cutting, or being crushed. A passenger in a car who gets T-boned by a tractor trailer may have their extremities crushed between, resulting in sever nerve damage. These are called “crush injuries” and they often are catastrophic.  Symptoms associated with nerve damage are pain, numbness, tingling or prickling sensation, burning, and sensitivity.  Other ways that nerve damage can occur include:

• Lacerations: deep cuts that cut through skin, soft tissue, bones, and nerves.
• Traumatic brain injuries: typically caused by blunt force trauma to the head
• Whiplash: sudden and rapid jerking of the head and neck from impact often pinch or stretch nerves of the neck and upper back area.
• Blunt-force trauma: hitting the head, arms, or legs on another surface, which can compress the nerves.
• Burns: severe burns from a workplace fire or malfunctioning equipment can cause nerves to become permanently damaged.

Damages awarded in a South Carolina catastrophic injury case can be substantial due to noneconomic damages that can be recovered like pain and suffering, loss of consortium, permanent disability and loss of enjoyment of life.

In South Carolina catastrophic injury cases, it can be difficult for a defense attorney to limit damages.  Therefore, they will likely attempt to place the blame on the plaintiff. If the defense attorney can show that the plaintiff was partially at fault for the injuries sustained, they may be able to limit the amount that their client owes the plaintiff.

If you or a loved one has suffered a catastrophic injury due to the negligence or intentional act of another, A catastrophic injury lawyer serving South Carolina can help recover damages, including:

• Medical bills
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Future lost wages

When bringing a catastrophic injury claim, it is important to choose a lawyer with trial experience. A catastrophic injury attorney in South Carolina with trial experience in both states will have more leverage than an attorney who settles most of their cases when it comes time to negotiate with the defense attorney.

After suffering any injury, particularly one that is catastrophic, your focus should be on your physical and mental health. There are many medical treatments available for catastrophic injuries, but the treatment path depends on your particular injury. Possible treatments for these injuries include:

• Emergency medical care to prevent the injury from becoming worse
• Surgeries and operations, of which there are typically many in catastrophic cases
• Rehabilitation and physical therapy, particularly if you have lost function or mobility in a part of your body
• Cognitive therapy can help if you suffered a traumatic brain injury, if you’re suffering from trauma, and/or if your injuries result in mental health challenges
• Medication to treat the injury or manage pain
• Skin grafts, if the injury involved extensive burns
• Vocational rehabilitation helps patients recover skills the injured person needs to be able to return to work of find new employment
• If you or your loved one suffered a traumatic brain injury, speech and language therapy may be necessary.

These are just a few of the treatments available for catastrophic injuries. Your treatment plan will depend on the nature and severity of your injuries.

South Carolina law allows accident victims to sue at-fault parties for their injuries in order to recover economic and non-economic damages. These are the losses you sustained as a result of the accident.

South Carolina catastrophic injury cases are more complex than claims involving less severe injuries because settlements and awards are often much higher, and insurance companies are much more likely to fight to keep payouts as low as possible. It’s for this reason that anyone filing a lawsuit for catastrophic injuries must speak to an experienced trial attorney who has extensive experience with these complex claims.

Every case is different and, therefore, it depends.  However, if you hire an experienced and creative attorney like Keibler Law Group, they can rely on top resources, experts, and technologies to convince a jury, the court, and opposing counsel to pay more.

No one can determine how much any case is worth without first analyzing the facts. However, there are certain factors you can use to make an approximate estimation of your claim.

First, you must look at the “economic” damages or those you can quantify.  Then you can recover additional damages or “non-economic” damages for pain and suffering and other damages that are more difficult to quantify.

The main factor that will affect the value of your claim is the damages, or losses you incurred. The more damages involved in the case, the more your claim is worth because you can be compensated for all of them. Some of the most common forms of damages include

• Medical expenses
• Lost income
• Pain and suffering
• Loss of earning capacity
• Permanent disfigurement or disability

Next, you must analyze liability or fault. Who is at fault and how much “fault” will a jury attribute to them?  If the other party was 100% at fault, then you can recover 100% of your actual damages.  However, South Carolina is a modified comparative fault state – in other words, if a jury determines you are 10% at fault, any award a jury gives you will be reduced by 10%.  Keep in mind, your fault must be less than 51%.  Additionally, if the at-fault party showed gross negligence or blatant disregard for the safety of others, the courts may award you punitive damages. In this instance, your case will be worth more.

Once liability is established, you need to make sure the defendant has money to pay you.  In South Carolina, automobile insurance minimums are $25,000, and, unfortunately, that is what most drivers choose.  Therefore, if you’ve suffered a catastrophic injury from a car accident and the at-fault driver only carriers the state minimums and has no other assets, then the max compensation you can receive from that defendant is $25,000.  Creative lawyers, however, may be able to locate other responsible parties.

If your catastrophic injury is from a truck accident or product liability case, then the money available to recover is likely much larger.  An experience catastrophic injury attorney can help.

Maybe. Not only does the injured person have new, additional needs because of their TBI, but their family members and caregivers do as well. Family members must adjust to the life changes caused by TBIs. The victim’s personally may drastically change, which may cause emotional and psychological distress. Experienced South Carolina traumatic brain injury lawyers will work to ensure that the losses experienced by the victim as well as their family are prioritized and sought from the wrongdoer.

Victims who suffered a severe brain injury may not be unable to live in his or her home any longer. That may be because the victim cannot care for him or herself; the requirements may be too much for others in the household to manage. The person may have to move into an assisted living facility such as a group home or nursing home. All of these options can be very expensive.

After suffering a traumatic brain injury, the victim’s focus should be on their physical and mental health. There are many medical treatments available for TBI victims, but the treatment path depends on your particular injury. Possible treatments for these injuries include:

• Emergency medical care to prevent the injury from becoming worse
• Surgeries and operations
• Rehabilitation and physical therapy, particularly if you have lost function or mobility in a part of your body
• Cognitive therapy can help if you suffered a traumatic brain injury, if you’re suffering from trauma, and/or if your injuries result in mental health challenges
• Medication to treat the injury or manage pain
• Vocational rehabilitation helps patients recover skills the injured person needs to be able to return to work of find new employment
• If you or your loved one suffered a traumatic brain injury, speech and language therapy may be necessary.

Traumatic brain injury usually results from a violent blow or jolt to the head or body. An object that goes through brain tissue, such as a bullet or shattered piece of skull, also can cause traumatic brain injury.

Mild traumatic brain injury may affect your brain cells temporarily. More-serious traumatic brain injury can result in bruising, torn tissues, bleeding and other physical damage to the brain. These injuries can result in long-term complications or death.