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Victims of catastrophic injuries caused by another person’s negligence may be entitled to compensatory damages for the losses they have experienced. A catastrophic injury can change someone’s life overnight, inflicting significant, and sometimes permanent disabilities.
A Bluffton catastrophic injury lawyer could help you pursue legal action against the parties liable for injuries and damages. Speak with a compassionate personal injury lawyer to discuss your potential claim and learn what civil remedy may be possible.
How Catastrophic Injuries Occur
Catastrophic injuries refer to the impairment of the brain, spinal cord, spine as well as severe burns. Other examples of catastrophic injuries include paralysis, traumatic brain injuries (TBI), amputation, vision impairment, severe burns, hearing loss, and organ damage.
Some of the common causes of severe injuries include:
- Car wrecks
- Truck collisions
- Motorcycle crashes
- Pedestrian accidents
- Medical malpractice
- Property accidents
In addition to the physical injuries, the financial, cognitive, and emotional hardships could be difficult to overcome. A skilled catastrophic injury attorney in Bluffton could investigate the claimant’s case in full to help them determine who may be held legally responsible for their damages.
What Are The Comparative Liability Rules?
It is important to understand the potential impact of South Carolina’s comparative liability rules on financial recovery in catastrophic injury cases. Pursuant to South Carolina Code of Laws §15-38-15, an injured person may be found to be partially liable for the accident that caused their losses and still recover some level of compensation.
The law states that to recover compensation for damages the individual must be 50 percent or less at fault for the accident. Furthermore, any percentage of liability assigned to the claimant would diminish their total recoverable damages. If the court determines that the injured party is 51 percent or more liable for the accident, they would be unable to recover any compensation.
When Is The Deadline to File a Catastrophic Injury Claim?
S.C. Code Unann. §15-3-530 outlines the statutory deadline by which all personal injury cases must be filed with the state’s civil courts. Catastrophic injury victims have three years from the accident date to file a lawsuit in court.
If they try to file a case after the three years have passed, the court could dismiss their case. Catastrophic injury victims should consult with a Bluffton lawyer as soon as possible to ensure the preservation of their filing rights.
Recovering Damages for a Catastrophic Injury
Victims of catastrophic injuries could be entitled to damages for their medical expenses, including ambulance costs, treatment bills, surgery expenses, rehabilitation costs, prescription expenses and more. Other recoverable damages could include compensation for:
- Lost income
- Future lost earnings
- Pain and suffering
- Scarring
- Disfigurement
Punitive Damages
If the defendant’s behavior was is held to be particularly egregious or malicious by the adjudicating court, the injured party may also receive punitive damages in addition to the compensation mentioned above. Punitive damages are intended to deter others who might act similarly in the future, whilst punishing the defendant for shocking misconduct.
Schedule a Consultation with a Bluffton Catastrophic Injury Attorney
If you have recently suffered a life-changing injury, it is only normal to feel overwhelmed, concerned about your future, and unsure what course of action to take next. A compassionate Bluffton catastrophic injury lawyer could offer you advice and help you understand your legal rights.
An attorney at Schiller & Hamilton could gather all evidence necessary to support your claim and aggressively pursue the maximum compensation available from the party or parties responsible for your injuries. Call today to get started on your claim.