First Steps for the Family
The first days usually go to surgery, intensive care and hard talks with doctors. None of this has to happen at once, and a spouse, parent, grown child or friend can take most of it on.
- Stick with treatment. In an emergency, dial 911. Once the crisis passes, follow each doctor's and therapist's orders, whether care happens in a hospital bed, an inpatient rehab unit or back home on the island.
- Request the report. Get the crash or incident report from the agency that responded. If it happened at a business, rental house or job site, ask the person in charge for a written incident report too.
- Photograph things. Someone can photograph the injuries as they heal, plus the scene and the vehicle or hazard.
- Save it all. Medical records, bills, discharge papers, pay stubs and insurer letters belong in one place. Store any torn clothing, cracked helmet or broken equipment in a closet or garage, untouched.
- Keep a short daily journal. Pain, limits, missed work and what help is needed each day. A family member can write it.
- Ask first, sign later. Many families talk with a lawyer before signing anything from an insurer.
Hospital Trips From the Island
From Johns Island, every trip to a hospital in West Ashley or downtown crosses the Stono, sometimes several times a week. Keep a log of those trips: mileage, parking, meals and the shifts family members miss to be at the bedside. When rehab or home care starts, keep a list of every provider and date, and ask for any equipment or home changes in writing.
Time Limits
Most South Carolina injury claims must be filed within three years.1 The limit applies to filing in court, and an open insurance claim does not stop it.2
For a claim against a state or local government body, the usual limit is two years, though a properly filed verified claim may extend it to three years.3 Government claims can also carry extra steps and limits on how much can be recovered.4 A lawyer can explain how these rules fit your situation. The statewide page on catastrophic injury claims in South Carolina has more.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Losses a Claim May Cover
Depending on the facts, a catastrophic injury claim may seek past and future medical care, rehab, lost pay, reduced earning ability, ongoing personal care, needed changes to the home, pain and suffering, and other losses the injury caused. What is available depends on the evidence and the law, and no result can be promised.5
Future needs often matter as much as the bills so far, which is why medical, work and money records are worth keeping.
Talk With Us About What Happened
A life-changing injury touches the whole family. We want to understand the injury and the person behind it: the job, the routines and the people who rely on them. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, which helps when the family is spending its days at a hospital.
For specific injuries, see Johns Island brain injury claims and Johns Island spinal cord injury claims.
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?
No official list exists. People use it for harm that reshapes daily life for years or permanently: a brain or spinal cord injury, losing a limb, or deep burns.
My son can't make decisions right now. Can I sign papers for him?
Family can gather records, talk with lawyers and coordinate his care. But a parent, spouse or grown child does not automatically have legal authority to settle a claim or make binding decisions for an injured adult, and a power of attorney, a court-appointed conservator or other authorization may be needed.6 Which paperwork your family needs is something a lawyer can sort out.
Does filing with the insurance company protect our time to sue?
No. The limit is for filing a lawsuit in court, and an insurance claim does not pause it.2
Should we wait until treatment is over to call a lawyer?
You don't have to. Families often reach out from a hospital waiting room or between rehab sessions. Health and the treatment plan stay first.
The full extent of the injury wasn't diagnosed right away. Does the clock start later?
A later diagnosis does not automatically reset the filing deadline. Under South Carolina's discovery rule, the period generally starts when a person knew, or through reasonable diligence should have known, of a potentially actionable injury.7 That date depends on the facts, so get legal advice early.
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.
