What to Do After a Catastrophic Injury in Summerville
Nobody expects a family to do this all in the first week. Pick off one item at a time, and let relatives split up the rest.
- Keep the treatment going. After 911 and the ER, follow the plan at the hospital, the rehab unit and outpatient therapy.
- Request the report. Summerville police, a sheriff's office, the Highway Patrol or a property manager may have written one up.
- Photograph what happened. Injuries as they heal, plus the vehicle, the hazard or the scene.
- Store damaged gear. Torn clothing, a cracked helmet or broken equipment goes somewhere safe.
- Build one binder. Discharge papers, bills, pay stubs and insurer letters all in one spot.
- Keep a daily log. Pain, what you can't do anymore, missed shifts and the help you need. A family member can write it.
- Ask before signing anything. A lawyer can review papers first.
When Life Changes Around Summerville
A tractor-trailer crash on I-26, a fall from a roof on a new-home site, a motorcycle wreck on Ashley River Road or a fire in a garage can each leave someone needing care for years. Many families end up driving back and forth to appointments in Summerville, North Charleston and downtown Charleston for months.
How Long You Have
In South Carolina, most injury lawsuits must be filed within three years.1 The limit applies to filing in court, so opening a claim with an insurer does not stop it.2
If a state or local government entity is involved, the suit generally has to be filed within two years, though a properly filed verified claim may extend that to three years.3 Extra procedures and damage caps may also apply.4 A lawyer can tell you how this fits your facts.
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 claim over a catastrophic injury may seek past and future medical care, rehab, lost pay, reduced earning ability, long-term personal care, changes to the home, pain and suffering and other losses. What is available depends 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 history, medical records and financial papers can matter so much.
For the Family Doing the Caregiving
Spouses and grown children often end up running the household and the paperwork at once. Write down each doctor, nurse and adjuster you talk with, the date and what was said. Track the hours and money the family spends on care, from missed work to gas for the drive to rehab.
For the statewide picture, see South Carolina catastrophic injury claims.
Talk With Us
An injury like this affects everyone at home, sometimes for years. We want to know the person, not only the diagnosis: the job, the family and what a normal day looks like now. 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 Summerville. If the injury involved the spine, see our page on spinal cord injuries around Summerville.
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
Can we talk without leaving the hospital or rehab?
Yes. The first conversation can happen by phone, from a hospital room or a rehab center. Our office is on King Street in downtown Charleston.
Which injuries count as catastrophic?
No official list exists. People use the word for injuries that change someone's life for years or permanently, such as a brain or spinal cord injury, an amputation or deep burns.
My husband can't handle his own claim right now. Can I sign for him?
Not automatically. Being a spouse, parent or adult child does not by itself give you legal power to settle a claim or make binding decisions for an injured adult. Depending on the situation, that authority may come from a power of attorney, a court-appointed conservator or another legal arrangement.6 You can still gather records and make calls, and a lawyer can explain what may be required.
Does filing with the insurance company protect our deadline?
No. The deadline is about filing a lawsuit, and an insurance claim does not stop it.2
Should we wait until rehab is finished before calling a lawyer?
You don't have to. Reaching out from a hospital room is common. Recovery stays the top priority either way.
The full extent of the injury wasn't clear until later. Does the clock start over?
A later diagnosis does not automatically reset the filing period. Under South Carolina's discovery rule, the time generally runs from when a person knew, or with reasonable diligence should have known, about an actionable injury.7 Pinning down that date depends on the facts, so getting advice early is wise.
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.
