What to Do After a Catastrophic Injury in Greenville
Treatment comes first, and nobody expects all of this done at once. Family can carry most of it.
- Stay with the treatment. If it's an emergency, dial 911 first. After that, the treatment plan from the trauma team, the rehab unit and the outpatient therapists is the job.
- Request the report. Ask the agency that responded, whether the Greenville Police Department, the Sheriff's Office, a town department or the Highway Patrol, for its report. If it happened at a business or apartment complex, ask the manager for an incident report too.
- Photograph what happened. Injuries as they heal, the place it happened, and the vehicle or hazard involved. A relative can do this.
- Keep the paper trail. Medical records, bills, discharge papers, pay stubs, insurance letters, and any damaged helmet, clothing or equipment.
- Start a daily notebook. Pain, limits, missed work and the help needed each day. Your sister or son can be the one holding the pen.
- Hold off on signing. Talk to a lawyer before signing releases or forms from an insurer.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 The limit is for filing in court, not for opening a claim with an adjuster.2
Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, though a three-year deadline may apply if a qualifying verified claim was filed first.3 Claims against a government agency can also face caps on damages, depending on the facts.4
Losses a Claim May Cover
Depending on the circumstances, a claim for a serious injury may include 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 depend on the evidence and the law, and no result can be promised.5
Future needs often outweigh the bills so far, which is why work records and therapy notes matter.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
When the Family Takes on the Load
After a life-changing injury, a spouse or grown child often ends up driving to Prisma Health Greenville Memorial or Hillcrest, sitting in on therapy and fielding calls. Keep one binder for every bill and letter. Log each call with a doctor, nurse or adjuster: the date, the name and what was said. Track missed work and mileage for the family, too.
See our statewide catastrophic injury page, or the Greenville pages on brain injuries and spinal cord injuries.
Talk With Us
Beyond the diagnosis, we want to know who you were before the injury: the work you did, the people at home and how a normal Tuesday has changed.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate. If you hire us, the insurers can usually deal with us.
Your family can call us about what happened.
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 makes an injury catastrophic?
There is no official list. People use the word for harm that reshapes daily life for years or for good, such as a brain injury, paralysis, the loss of a limb or deep burns.
My husband can't manage his own affairs right now. Can I handle his claim?
You can gather records and talk with lawyers and doctors, but being an injured adult's spouse, parent or adult child does not automatically give someone legal authority to settle a claim for that person. Authority may come from a valid power of attorney, a court-appointed conservator or another legally recognized arrangement.6
Does an open insurance claim protect the time to file?
No. Simply opening a claim with an insurance company does not stop the statute of limitations from running.2
The full extent of the injury wasn't clear for months. When did my time start?
A later diagnosis does not automatically restart the clock. The period generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury.7
Should I wait until I'm out of rehab to call?
No need. Plenty of families call while their loved one is still at the hospital or in inpatient rehab. Treatment stays the priority.
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.
