What to Do After a Catastrophic Injury in South Carolina
Medical care comes first. You don't have to do all of this at once, and family can help with most of it.
- Get medical care and keep it going. If it's an emergency, call 911. Follow your treatment plan at the hospital, rehab center or wherever your doctors send you.
- Get the report. Ask for the incident or crash report from the police agency that responded. If it happened at a business or rental property, ask the manager for an incident report too.
- Take photos. Photograph the injuries as they heal, along with the scene and the vehicle or hazard. Ask a family member to do this if you can't.
- Save everything. Keep medical records, bills, discharge papers, pay stubs and letters from insurers. Keep damaged clothing, helmets or equipment in a safe place.
- Keep a simple journal. Write down pain, limits, missed work and what help you need each day. A family member can keep it for you.
- Get answers before you sign anything. Many people talk to a lawyer first.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 That deadline is for filing a lawsuit in court, and opening an insurance claim does not stop it.2
Claims against South Carolina state or local government entities generally must be filed within two years, although a properly filed verified claim may extend the deadline to three years.3 Different procedural requirements and statutory limits on damages may also apply.4 A lawyer can explain how this works for you.
What Losses Can a Catastrophic Injury Claim Include?
Depending on the circumstances, a catastrophic injury claim may include compensation for past and future medical treatment, rehabilitation, lost earnings, reduced earning capacity, ongoing personal care, necessary home modifications, pain and suffering, and other losses caused by the injury. The available damages depend on the evidence and applicable law, and no particular recovery can be promised.5
Catastrophic injury claims often involve future losses, not just the medical bills so far. That is why medical, financial and work records can matter so much.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Supporting a Family Member After a Serious Injury
When someone is badly hurt, the family often takes on a lot. A few simple habits can help. Keep one folder or notebook for every bill, letter and record. Write down the names of doctors, nurses and adjusters you speak with. Note the date of each call and what was said.
Keep track of the time and money the family spends on care, too: missed work, driving to appointments and help at home.
Talk With Us
A life-changing injury affects the whole family, often for years. We keep that in mind. We want to understand the injury, but also the person: your work, your family and what daily life looks like now. If you hire us, the insurers can usually deal with us.
Our firm is based in Charleston, and we take catastrophic injury cases from across South Carolina. Many serious injuries start with a crash; see our page on car accident claims in South Carolina. If a fall or a dangerous property caused the injury, see our page on injuries on someone else's property.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.2
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.3
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.4
- Depending on the circumstances, a South Carolina personal injury claim for a serious injury may include compensation for past and future medical treatment, rehabilitation, assistive devices, ongoing personal care, home modifications, lost income, reduced earning capacity, pain and suffering, and other losses caused by the injury. The amount and types of compensation available depend on the evidence and applicable law.5
- In South Carolina, being an injured adult's spouse, parent or adult child does not automatically give someone legal authority to settle a personal injury claim or make binding legal decisions for that person. Depending on the circumstances, authority may come from a valid power of attorney, a court-appointed conservator or another legally recognized arrangement, and a guardian ad litem may be required in certain litigation involving an incapacitated person.6
- Under South Carolina's discovery rule, the three-year period for most personal injury lawsuits generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury. A formal diagnosis is not necessarily required to start the period, and a later diagnosis does not automatically restart the deadline, but when the injury reasonably could have been discovered depends on the circumstances.7
Frequently Asked Questions
What counts as a catastrophic injury?
There is no single list. The term usually covers injuries that change how a person lives for a long time, or for good. Brain injuries, spinal cord injuries, amputations and severe burns are common examples.
Can a family member handle the claim if the injured person can't?
Family members can help gather records, communicate with lawyers and coordinate care. However, a spouse or adult child does not automatically have legal authority to settle a claim or make binding decisions for an injured adult. Depending on the circumstances, a power of attorney, court-appointed conservator or other legal authorization may be necessary.6 A lawyer can help determine what is required.
Does opening an insurance claim protect my deadline?
No. The filing deadline is for filing a lawsuit in court, and opening a claim with an insurance company does not stop it.2
Do I need to finish treatment before talking to a lawyer?
No. Many people reach out while they are still in the hospital or in rehab. Your focus should stay on your health and following your treatment plan.
What if my injury wasn't diagnosed right away?
A later diagnosis does not automatically restart the filing deadline. Under South Carolina's discovery rule, the limitations period generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury.7 Determining when that occurred depends on the facts, so it is important to get legal advice promptly.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-32-210 et seq. (punitive damages); South Carolina tort decisions on compensatory damages
- S.C. Code Title 62, Article 5 (guardianship and conservatorship) and §§ 62-8-101 et seq.; South Carolina powers of attorney law
- S.C. Code § 15-3-535
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
