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In any situation where another person’s careless or reckless actions cause you to suffer an injury, you may be able to file suit and pursue compensation for the financial and personal harm you have incurred. If your injuries are severe and have a lifelong impact, you need compensation that reflects your long-term losses.
If you or a loved one were severely injured in an accident, it may be beneficial to seek help from a Fort Mill catastrophic injury lawyer. Experienced personal injury attorneys at Schiller & Hamilton are familiar with the extensive damages involved in these types of cases. Our legal team could help ensure you get the compensation you need for all of your damages.
What Makes a Personal Injury “Catastrophic?”
An injury is generally understood to be catastrophic if it results in a permanent disability, disfigurement, or medical condition that hinders the victim’s ability to hold gainful employment and live a normal life. Typically, catastrophic injuries directly affect the brain, spine, vital organs, or limbs, resulting in a permanent loss of motor function, sensory perception, and cognitive function. They can also cause significant physical and emotional pain.
Common accidents that result in catastrophic injuries include:
- High-speed motor vehicle crashes
- Medical negligence
- Slip and fall accidents
- Accidents in high-risk work areas like construction sites
Victims of catastrophic injuries often require months of inpatient hospital care and years of outpatient rehabilitative treatments. Many never fully return to the state they were in before their accident. Given the severity of these types of injuries, working with a nearby lawyer who focuses on catastrophic accidents may be essential for victims looking to recover damages for all their combined losses.
Potential Obstacles to Civil Recovery
A successful catastrophic injury case could allow a potential plaintiff to recover compensation for various economic and non-economic losses, such as medical expenses for care related to their injury, lost work income and future earning capacity, loss of consortium, loss of enjoyment of life, and more. However, there can be some obstacles to pursuing a lawsuit. It is important to reach out to an attorney with a focus in catastrophic injury cases to help you navigate these potential barriers.
Comparative Negligence Laws
The courts in South Carolina follow the rules of comparative negligence. This means the courts will evaluate the actions of each party and assign a percentage of liability. The court will reduce the plaintiff’s total damage award if they are found to bear some percentage of the blame for their accident. Under this system, the plaintiff can only recover compensation if they are found to be 50 percent at fault or less at fault for their accident.
How Much Can I Get for a Catastrophic Injury Claim?
Damage caps limit the amount of money a victim can recover in certain types of catastrophic injury claims. Recovery for non-economic harm caused by medical malpractice is limited to $350,000 per defendant and $1.05 million per case. Punitive damages are capped at $500,000 or three times the value of compensatory damages.
Ideally, recovery should take into account the losses the victim has already suffered and the future damages that can reasonably be expected. A skilled attorney in the area could help a potential plaintiff receive the compensation they deserve.
The Statute of Limitations To File a Claim in Fort Mill
According to South Carolina Code §15-3-530, there is a three-year filing deadline for most personal injury cases. This means a victim must file their claim within three years of the date of the accident. If the claim is not filed within the statute of limitations, the injured party may be ineligible to recover compensation for damages. It is best to seek help from a knowledgeable attorney to learn about the exact deadline to file a claim.
Speak with a Fort Mill Catastrophic Injury Attorney Today
Severe accidents often have extensive physical, financial, and personal consequences that last the rest of the victim’s life. If you suffered catastrophic harm due to someone else’s negligence, sufficient civil recovery could help you return to your normal life.
Retaining experienced legal counsel at Schiller & Hamilton may be the best step you can take to protect yourself after a calamitous personal injury. Call today to learn how a Fort Mill catastrophic injury lawyer could help you with your case.