What to Do After a Spinal Cord Injury Around Summerville
Early on, the person who was hurt is likely flat on their back in an ICU or a rehab unit, so a husband, wife, mother or best friend usually ends up running this list.
- Stay with the treatment plan, from surgical follow-ups to therapy, whether at a hospital, a rehab center or an outpatient clinic closer to Summerville.
- Ask for the crash or incident report.
- Photograph the scene and the hazard. A broken railing, a missing guard on a platform or a dark stairway can be changed soon after.
- Write down names of witnesses, coworkers, supervisors and anyone who helped.
- Track what the injury costs. Gas for the drive to rehab, a shower chair, a hired aide, the ramp a neighbor built.
- No signatures on releases yet.
Getting Through the Months Ahead in Summerville
Families in Summerville often face long drives on I-26 to therapy and doctor visits, and a house that needs ramps, wider doors or a first-floor bedroom. A spinal cord injury can come from a crash on Dorchester Road, a fall at a construction site, a diving accident on the Ashley River or a tractor-trailer wreck on the interstate.
How Long You Have
Most personal injury claims in South Carolina must be filed within three years.1 That limit is for a lawsuit, so calls and letters with an insurer don't stop it.2 Suits against state or local government entities generally must be filed within two years, though a qualifying verified claim may extend that to three years.3 Extra procedures and damage caps may also apply.4
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 Include
Depending on the facts, a spinal cord injury claim may seek past and future medical care, rehab, assistive devices, home changes, lost income, reduced earning ability, pain and suffering and other losses. Long-term help with daily life is often part of it, and doctors and rehab professionals may help estimate future care. What is available depends on the evidence and the law.5
Your running list of expenses feeds directly into that. More is on our statewide spinal cord injury page.
Talk With Us
Paralysis touches the paycheck, the house and every relationship in it. We start by learning how you lived before: your job, your home, your family and what you did for fun.
When relatives help, the injured person's wishes stay at the center. A spouse, parent or adult child does not automatically have legal authority to settle a claim or make binding decisions for an injured adult; that may take a power of attorney, a conservator or another legal arrangement.6
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. See also catastrophic 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
- 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
Can we talk while I'm still in rehab?
Yes. The first conversation can happen by phone, from a hospital or rehab room. Our office is on King Street in downtown Charleston.
Doctors can't say yet whether I'll get movement back. Should I wait?
Not knowing is hard, and it can last months. Simply opening a claim with an insurance company or negotiating with an adjuster does not stop the statute of limitations.2 That is a reason to talk with a lawyer before the long-term outlook is clear.
I was hurt diving off a friend's dock. Is the owner responsible?
Not automatically. A South Carolina property owner is not automatically responsible for a diving or other recreational injury, and liability can depend on the property's condition, what the owner knew, warnings and your own conduct. South Carolina also has recreational-use laws that may limit an owner's liability in some cases.7
The other driver barely had any insurance. Is there anything else?
Underinsured motorist coverage is optional coverage on your own policy that can pay when the at-fault driver's limits are too low.8 Uninsured motorist coverage on your own policy 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 motorist coverage.10 A lawyer can review what coverage may apply.
My injury happened at work. What then?
Most on-the-job injuries in South Carolina go through workers' compensation, which usually limits suing your employer.11 A separate injury claim may be possible against someone else who was responsible, such as another driver or an equipment maker.12 Comp generally requires notice within 90 days and a claim within two years, with exceptions, so get advice promptly.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.
