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Catastrophic Injury
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South Carolina Catastrophic Injury Attorney

Careful extraction from car accident

After suffering catastrophic injuries due to another’s negligence, you may spend days or weeks in the hospital. Medical expenses continue adding up. You have no idea how you are going to support your family. On top of it, your injuries caused permanent disabilities. The personal injury attorneys at Patrick, Lewis, & Watts in the Upstate of South Carolina can help you recover the compensation you deserve, including pain and suffering and other non-economic damages. Our catastrophic injury attorneys in South Carolina have experience in handling cases involving several types of catastrophic injuries, including traumatic brain injuries and spinal cord injuries. Contact our law firm to see how we can help your case.

What is Considered a Catastrophic Injury?

catastrophic car accident

A catastrophic injury is one that results in death or an injury that causes one or more permanent disabilities. It can also be defined as an injury that causes temporary disabilities with full recovery.

Catastrophic injuries can occur from several different types of accidents, such as tractor-trailer accidents and motorcycle accidents, where there is a noticeable size and weight difference between vehicles.

Types of Catastrophic Injury Cases We Handle

When you think of serious injuries or catastrophic injuries, you might think of motorcycle accidents or truck accidents. However, any type of accident – even a premises liability case – can cause catastrophic injuries. We handle many types of catastrophic injuries, including:

 

Note that this list is not exhaustive. Please contact our law firm for more information regarding your catastrophic injury.

What Type of Damages Can I Receive for a Catastrophic Injury in the Upstate?

EMS teams working a violent accident

Once the court determines the at-fault party is responsible for your damages, it can order two types of damages: Compensatory damages, which include economic and non-economic damages, and punitive damages.

Economic Damages

Most people involved in a personal injury case recover economic damages. These include all of your out-of-pocket losses, including medical expenses, lost wages, loss of future earning capacity, replacement household services, and, in the event of death, funeral and burial costs. If your injuries were caused by a vehicle accident, it may also include the repair or replacement of your vehicle.

Non-Economic Damages

These damages are paid to those who suffer long-term or permanent disabilities due to their accident injuries. You can recover money for:

  • Pain and suffering (including emotional distress)
  • Loss of quality of life
  • Loss of consortium or companionship of your spouse

South Carolina does cap non-economic damages in medical malpractice cases but not in other personal injury cases. If your injuries were caused by a medical professional or institution, the cap on non-economic damages as of 2024 is $564,168 per provider or institution. If several are involved, the cap is $1,692,503.

Punitive Damages

It is difficult to recover punitive damages in personal injury cases. However, if you are entitled to punitive damages, they are capped at $500,000 or three times your actual damages, whichever is greater.

For punitive damages, the court orders a grossly negligent party to pay them as a punishment for his or her actions or inactions.

Why Choose Patrick, Lewis, & Watts?

Our personal injury attorneys have over 100 years of combined experience. We are trial attorneys, which means we are adept at trial work and negotiations. Our reputation with the insurance companies, the defense bar, and judges tells them that we won’t settle for just any amount. We get our clients the compensation they deserve.

Let Us Take Your Side After a Personal Tragedy

If you suffered life-altering injuries that may cause long-term or permanent disabilities, contact a catastrophic injury attorney for a free consultation by calling 864-240-5500 or completing our online contact form.

Frequently Asked Questions

Why Should I Hire a Catastrophic Injury Lawyer?

The attorneys at Patrick, Lewis, & Watts understand the difficulties of working with victims and families of victims of catastrophic injuries. The cases are not easy to handle because of the amount of emotion involved, especially when loved ones become caregivers. We go out of our way to answer any questions you have about your case and to get to know you and your family.

Additionally, we have the financial backing to handle your case. Catastrophic injury cases can be expensive – too expensive for an accident victim to handle. For example, in brain injury cases, if a neuro-psych evaluation is necessary or if your lost income warrants hiring an economist, these experts could cost tens of thousands of dollars, depending on your circumstances. Right off the bat, that’s a significant amount of expense for an accident victim who is not working has to come up with until the insurance company pays.

How Long After an Accident Can You Sue in South Carolina?

Every state, including South Carolina, has a statute of limitations that dictates how long you have to take legal action against someone who caused you harm. In general, you must take legal action within three years of the time you suffered injuries because of the negligence of another person. These cases include:

  • Vehicle accidents
  • Premises liability
  • Product liability
  • Medical malpractice
  • Wrongful death

* In some types of cases the statute of limitations time period is less than 2 years.

What Are the Characteristics of a Catastrophic Injury?

Catastrophic injuries have three common characteristics:

  • The Severity of the Damage: A catastrophic injury causes more damage than other injuries. Your life – and the lives of your loved ones – can be changed permanently. Accident victims might require assistance with their daily living activities. Some people with catastrophic injuries have a full-time medical caregiver.
  • Recovery Time: The recovery time for regular injuries is much less than the recovery time for catastrophic injuries. Recovery time varies depending on the person and the severity of the injury.
  • Sustained Trauma: Catastrophic injuries can cause severe trauma to accident victims. Adding the trauma to the injury increases the recovery time. You may need medication, counseling, therapy, and medical supervision.
Who is Responsible for a Catastrophic Injury in South Carolina?

You must be able to prove the at-fault person was negligent to recover damages in most personal injury cases. Each state also has its own laws that deal with fault. A South Carolina law firm can review your case and let you know if you can recover damages. To prove negligence in South Carolina, you must show:

  • The defendant – the person or entity that caused your injuries – has a duty of care to you. For example, another driver has a duty of care to drive in a reasonably safe manner consistent with SC law.
  • The defendant breached that duty. A driver can breach the duty of care by speeding, driving aggressively, or breaking other traffic laws.
  • There is a connection between the defendant’s conduct and the injuries you suffered.
  • The injuries were a proximate cause to the defendant’s actions. In other words, you would not have suffered the injuries if not for the defendant’s actions or inactions.
  • You suffered damages because of the defendant’s actions.
What Types of Damages Can I Seek if I File a Personal Injury Lawsuit in South Carolina?

You can recover compensatory damages and, in some cases, punitive damages in a South Carolina personal injury case.

Can You Sue for Pain and Suffering in South Carolina?

Yes, you can recover non-economic damages, including pain and suffering, in South Carolina.

How Are Third-Degree Burn Injuries Considered Catastrophic?

Third-degree burns can be considered catastrophic as they affect all three skin layers, damaging body tissue and muscles. Third-degree burns not only cause scarring, but you may need skin grafting. Even with skin grafting, you may have a disfigurement.

Why Are Spinal Cord Injuries Considered a Catastrophic Injury?

While not all spinal cord injuries are catastrophic, those that cause serious injuries and various forms of paralysis, including quadriplegia and paraplegia, are considered catastrophic. Spinal cord injuries can affect your strength and sensations. The type of paralysis caused depends on where the spinal cord injury is, whether in the cervical, thorax, or lumbar regions.

Case Examples

$1,200,000

Settlement of automobile collision resulting in a traumatic brain injury

$3,000,000+

Settlement in an underride trucking case

$500,000

Verdict for the death of a motorist who was involved in a collision due to an at-fault party driving left-of-center

$900,000

Verdict for a police pursuit case
Rusty Patrick

Written By Rusty Patrick

Attorney

Rusty is licensed to provide that service in South Carolina courts and in the federal District Court for the District of South Carolina. He is a member of the South Carolina Bar Association, the Greenville County Bar, and the American Bar Association.

A Team You Can Trust

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With over 100 years of combined service, our team at Patrick, Lewis & Watts has encountered situations similar to yours, and we possess the experience to adeptly guide you through the challenges you are facing.
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