The First Weeks After a Spinal Cord Injury
Surgery, intensive care and inpatient rehab take up those early weeks. A spouse, parent or close friend will usually handle this list.
- Keep every rehab session. From the neurosurgery follow-ups at Spartanburg Medical Center onward, the therapy schedule matters.
- Get the report. From the agency, employer or business that responded, plus any case number.
- Photograph the hazard. A broken rail, a missing guard on a platform, a dark stairwell or a shallow swimming spot can look different weeks later.
- List who was there. The crew, the foreman, bystanders, whoever called 911.
- Track costs. Miles to appointments, parking, equipment, help at home and every bill.
- Don't sign quickly. Many families get legal advice first.
Filing Deadlines
Most personal injury claims in South Carolina must be filed within three years.1 That's about filing suit, and phone calls or letters with an insurer don't stop it.2 Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed under the Act.3 There could be caps on damages under the Act, depending on the facts of the case.4
Sorting out which limit applies is a question for a lawyer.
What a Claim May Include
Depending on the circumstances, a South Carolina personal injury 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.5
Someone with a severe spinal cord injury may need help with daily life for years. Estimating those needs can involve doctors and rehab professionals. What's available depends on the evidence and the law.5
That's where the cost log helps: wheelchair ramps, a van lift, home aides and the drives back and forth all count.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
This kind of injury reshapes work, home and family. We start with the life before: the job, the house, the family and what you did for fun.
When relatives help with records and calls, the injured person's wishes stay at the center. A patient who can still decide for himself or herself keeps the final say. Being a spouse, parent or adult child doesn't automatically give someone authority to settle a claim; that may take a power of attorney or a court appointment.6
We take cases across South Carolina, including Spartanburg County. See catastrophic injuries in Spartanburg for related injuries, or construction accidents in Spartanburg if it happened on a job site. The statewide page on spinal cord injury claims has more.
Tell us about the accident and the daily routine since.
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
- A South Carolina property owner is not automatically responsible for a diving or other recreational injury. Liability can depend on the visitor's status, the condition of the property, what the owner knew, warnings, and the injured person's own conduct. South Carolina also has recreational-use laws that may limit property-owner liability in qualifying circumstances, though they do not automatically apply to every private dock or recreational property.7
- Underinsured motorist (UIM) coverage is optional coverage on your own auto policy that can pay when the at-fault driver's liability limits are too low to cover your losses.8
- Uninsured motorist (UM) coverage on your own auto policy can pay when the at-fault driver has no liability insurance, and in some hit-and-run crashes.9
- South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.10
- Most injuries that happen on the job in South Carolina go through the workers' compensation system, which has its own rules, and usually limits suing your own employer.11
- In South Carolina, an employee injured at work may be able to receive workers' compensation benefits and also pursue a personal injury claim against a responsible third party, such as another driver. The workers' compensation insurer may have a right to reimbursement from any settlement or judgment. Special rules and deadlines apply when pursuing both claims.12
- An injured worker in South Carolina generally must tell the employer about a work accident right away, and no later than 90 days after it, to receive workers' compensation, unless an exception applies.13
- A South Carolina workers' compensation claim generally must be filed with the Workers' Compensation Commission within two years after the accident, or after a death it caused. Telling the employer does not count as filing. Occupational diseases and repetitive trauma follow different rules.14
Frequently Asked Questions
The surgeons don't know yet if he'll walk again. Should we wait?
Early on, nobody may know. Meanwhile the filing clock keeps running, and opening a claim with an insurance company does not stop it.2 That's a reason to speak with a lawyer before the long-term outlook is clear.
My son broke his neck diving off a friend's dock at the lake. Is the owner responsible?
A South Carolina property owner is not automatically responsible for a diving or other recreational injury. It can depend on the visitor's status, the property's condition, what the owner knew, any warnings and the injured person's own conduct, and recreational-use laws may limit an owner's liability.7
The driver who hit us barely has insurance. What else is there?
Underinsured motorist coverage on your own policy can pay when the at-fault driver's limits are too low.8 Uninsured motorist coverage can pay when the at-fault driver has no liability insurance.9 South Carolina auto policies generally must include uninsured motorist coverage, and insurers must offer underinsured coverage, so whether either applies depends on the policies and facts.10
The injury happened on a plant floor. Is it workers' comp?
Most on-the-job injuries in South Carolina go through workers' compensation, which can cover medical care and some lost wages.11 An injured employee may also be able to pursue a claim against a responsible third party, such as a contractor, driver or equipment maker.12 Comp generally requires telling the employer within 90 days and filing within two years, with exceptions.1314
Can our family start by phone?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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 § 27-3-10 et seq.
- S.C. Code § 38-77-160
- S.C. Code §§ 38-77-150 and 38-77-170
- S.C. Code §§ 38-77-150 and 38-77-160
- S.C. Code § 42-1-540
- S.C. Code § 42-1-560
- S.C. Code § 42-15-20
- S.C. Code §§ 42-15-20 and 42-15-40
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
