What to Do After a Spinal Cord Injury in South Carolina
In the first weeks, the injured person may be in surgery, intensive care or rehab. Much of this list will fall to a spouse, parent or close friend.
- Follow every part of the treatment plan. That includes surgery follow-ups, therapy and rehab, whether at a hospital, a rehab center or a therapy clinic closer to home.
- Request the report. Get the crash or incident report from the agency or business that responded, and note any case number.
- Photograph the scene and the hazard. A broken railing, a missing guard on a work platform or a dark staircase can change after an injury.
- Collect names. Write down witnesses, coworkers, supervisors and anyone who helped at the scene.
- Start a cost log. Track mileage to appointments, parking, equipment, home help and every bill.
- Take your time before signing. Many families get legal advice first.
Your Time to File
Most personal injury claims in South Carolina must be filed within three years.1 The time limit applies to filing a lawsuit. Calls and letters with an insurer do not stop it.2 Claims against South Carolina state or local government entities generally must be filed within two years, although a qualifying verified claim may extend that period to three years.3 Special rules and statutory limits on damages may also apply.4
A lawyer can explain how this works for you.
What Compensation May Be Available After a Spinal Cord Injury?
Depending on the circumstances, a spinal cord injury claim may include compensation for past and future medical treatment, rehabilitation, assistive devices, home modifications, lost income, reduced earning capacity, pain and suffering, and other losses caused by the injury.5
Serious spinal cord injuries may require long-term assistance with daily activities. Evaluating a claim can involve doctors, rehabilitation professionals and other professionals who estimate future care needs. The amount and types of compensation available depend on the evidence and applicable law.5
That is one reason the cost log above matters. Mileage, equipment, home help and changes to your home can all be part of the picture.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
A spinal cord injury changes work, home and family life, so we start by listening to how you lived before the injury: your work, your home, your family and what you did for fun. We're plain with you about your options.
When family members help with records and communications, we keep the injured person's wishes and interests at the center. If the injured person can make their own decisions, those decisions remain theirs. If an injury affects decision-making capacity, we work with the person who has appropriate legal authority to act on their behalf.6
We're based in Charleston, and we take spinal cord injury cases from across South Carolina. Our overview of catastrophic injury claims covers the wider group of life-changing injuries. If the injury happened on a work site, see our page on construction and workplace accidents.
Tell us how the injury happened and what your life looks like now.
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
What if doctors can't say yet whether I'll regain movement?
That uncertainty is common early on. But the time to file keeps running while you wait, and talking with an insurer does not pause it.2 That is one reason to talk with a lawyer before the long-term picture is settled.
I was hurt diving off a dock at someone's house. Is the owner responsible?
Not automatically. A claim may depend on whether the property owner knew about a dangerous condition, whether reasonable warnings or precautions were required, and what the injured person knew about the risk. South Carolina also has laws that may limit property-owner liability for certain recreational uses.7 The location, circumstances and available evidence all matter.
The other driver has very little insurance. Is there anything else?
Underinsured motorist (UIM) coverage may provide additional compensation when the responsible driver's insurance is insufficient.8 Uninsured motorist (UM) coverage may apply when the responsible driver has no applicable liability insurance.9 South Carolina generally requires UM coverage and requires insurers to offer UIM coverage, but UIM is not mandatory, so whether either applies depends on the policies, vehicles and circumstances.10 A lawyer can review potentially applicable coverage.
What if my spinal cord injury happened at work?
You may be entitled to workers' compensation benefits, which can cover medical treatment and certain wage losses.11 A separate personal injury claim may also be possible if someone other than your employer was legally responsible, such as a negligent contractor, driver or equipment manufacturer.12 Workers' compensation has its own reporting and filing deadlines, generally 90 days to report the injury and two years to file a claim, subject to exceptions, so prompt legal advice is important.1314
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.
