Catastrophic Injuries & Your Rights After an Accident in SC
Learn how to file a claim after a catastrophic injury in South Carolina to maximize your compensation and secure your future
Catastrophic injuries can have life-altering consequences, leaving individuals in Columbia and across South Carolina facing immense physical, emotional, and financial challenges. Whether these injuries occur at work or as a result of an accident caused by someone else’s negligence, the road to recovery is often long and uncertain.
For many, these injuries result in permanent disabilities, requiring ongoing medical care and significant lifestyle adjustments. In this article, we will explore the common types of catastrophic injuries, the unique challenges they present, and the legal options available to help South Carolina residents seek compensation and secure their future after such devastating events.
What would be considered a catastrophic injury?
A catastrophic injury is a severe injury that typically results in long-term or permanent disability, a significant loss of function, or a considerable impact on one’s quality of life. These injuries often require extensive medical treatment and rehabilitation and can lead to long-term or lifelong care needs.
Some examples of catastrophic injuries include:
- Spinal cord injuries. These can result in partial or complete paralysis, impacting the ability to move or feel sensations below the injury site.
- Traumatic brain injuries (TBIs). These can lead to cognitive impairments, loss of motor function, personality changes, and other significant neurological issues.
- Amputations. Losing a limb is considered catastrophic because it permanently alters a person’s physical abilities and may require prosthetics and extensive rehabilitation.
- Severe burns. Third-degree burns or those covering a large portion of the body can cause long-term physical and psychological effects.
- Multiple fractures. Experiencing more than one broken bone at once can be considered catastrophic, particularly when these fractures involve the spine, pelvis, or limbs, which can lead to long-term disability or complications.
- Organ damage. Severe damage to vital organs, such as the heart, lungs, or kidneys, can lead to life-threatening conditions and long-term health issues.
- Blindness or loss of hearing. The loss of these senses is classified as catastrophic due to the profound impact on a person’s ability to interact with the world.
- Nerve damage. Severe nerve damage can lead to loss of function, chronic pain, or other debilitating conditions.
These injuries are not only physically devastating but also often lead to significant emotional injuries like post-traumatic stress disorder (PTSD), depression, and anxiety.
What type of catastrophic injury most often results in death?
A traumatic brain injury (TBI) is more likely to lead to death than other types of catastrophic injuries. This is because TBIs can cause severe brain swelling, bleeding, and damage to critical areas that control vital functions like breathing and heart rate.
According to the American Association for the Surgery of Trauma, in the United States, TBIs are the leading cause of injury-related death, with approximately 50,000 fatalities each year, accounting for one-third of all trauma deaths.
Annually, about 1 million people in the U.S. suffer from a TBI, with 230,000 requiring hospitalization and 80,000 to 90,000 left with long-term disabilities. This long-term impact is significant, with over 5 million people living with TBI-related disabilities, costing an estimated $37.8 billion per year.
What types of accidents are most likely to lead to catastrophic injuries?
Catastrophic injuries can occur in a wide variety of accidents, but some types are more likely to lead to severe outcomes due to the high-impact nature and inherent dangers involved. These include:
- Vehicle accidents. Car, truck, bus, motorcycle, bicycle, and pedestrian accidents are common causes of catastrophic injuries. These incidents often result in severe outcomes such as TBIs, spinal injuries, amputations, and internal damage due to the high speeds and impact, especially for motorcyclists, cyclists, and pedestrians who lack the protection of a vehicle. The size and weight of trucks and buses also increase the severity of injuries, often leading to more serious consequences, including fatalities.
- Defective product accidents. Defective products, especially those involving machinery or vehicles, can cause catastrophic injuries if they malfunction.
- Workplace accidents. Workers in industries like construction, manufacturing, coal mining, meat processing, agriculture, transportation, and logging are more prone to catastrophic injuries due to risks like heavy machinery, hazardous materials, and falls. Construction workers and roofers are especially vulnerable to TBIs, spinal injuries, and amputations.
- Slips, trips, and falls. Slip and fall accidents can happen almost anywhere due to uneven or wet surfaces, cluttered floors, or poor lighting. Elderly individuals are especially vulnerable to these injuries, as even a minor fall can result in life-altering consequences due to age-related health conditions and slower recovery times.
- Train accidents. The size and speed of trains make derailments or collisions highly dangerous, often resulting in catastrophic injuries or fatalities.
- Plane crashes. Although rare, plane crashes typically lead to catastrophic injuries or fatalities due to the extreme impact and potential for explosions.
- Sports accidents. High-contact and extreme sports often lead to catastrophic injuries, such as traumatic brain injuries (TBIs) or spinal cord injuries, due to intense physical impacts.
Those whose accidents occurred at work or due to someone else’s negligence may have legal options available to help them recover compensation.
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What are the most common causes of preventable deaths from negligence in SC?
In South Carolina, motor vehicle accidents and falls are among the most common causes of preventable injury-related deaths from negligence.
According to data from the National Safety Council, in 2022, the motor vehicle death rate was 21.6 per 100,000 people, making it the 2nd leading cause of fatal injuries in the state after poisonings (which includes opioid-related overdoses).
Falls also contributed significantly to preventable injury-related deaths in the state that year, with a death rate of 14.0 per 100,000.
What happens if you suffer a catastrophic injury in SC?
If you suffer a catastrophic injury in South Carolina, what happens next largely depends on the circumstances of the injury.
Work-related catastrophic injuries
If you’re an employee who works for an employer with 4 or more employees in South Carolina and your injury occurred at work, you will likely be covered by your employer’s workers’ compensation insurance, which operates on a no-fault basis.
This means that you don’t need to prove that your employer was negligent to receive benefits, but you do need to be able to prove that the injury was a direct result of your work or work environment.
Workers’ compensation benefits can include medical coverage, temporary or permanent disability benefits, vocational rehabilitation to help with retraining or finding a new career, and death benefits for dependents if you ultimately die from your injury.
However, workers’ compensation does not provide compensation for pain and suffering or emotional distress, which are typically covered in personal injury cases.
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Catastrophic injuries from personal injury accidents
If your catastrophic injury occurred outside of work, such as in a car accident or due to a defective product, you must prove that another party was at fault to recover damages.
To do this, you’ll need to establish 4 key elements:
- Duty of care, meaning the defendant had a legal responsibility to act in a reasonably safe manner;
- Breach of that duty, which occurs when the defendant fails to meet that standard of care;
- Causation, which means demonstrating that the defendant’s actions directly caused the injury; and
- Damages, which involves proving you suffered actual harm or losses as a result of the injury.
If you successfully prove these elements, you may be entitled to compensation, which typically falls into 2 categories:
- Economic damages, such as medical bills, lost wages, and future care costs
- Non-economic damages, which cover pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, punitive damages may also be awarded as a way to punish particularly reckless or intentional behavior.
Please note that in South Carolina, you can still recover compensation if you’re partially to blame for the accident, but your compensation will be reduced by your percentage of fault, and you must be 50% or less at fault to recover any compensation.
Can I file for workers’ comp and a personal injury claim for the same incident?
In some situations, you may be able to pursue both workers’ compensation and a personal injury lawsuit. This is typically possible if a third party, such as a manufacturer of defective equipment or a negligent driver, contributed to your workplace injury.
While workers’ compensation will cover your medical expenses and a portion of your lost wages, a personal injury lawsuit could provide additional compensation for pain and suffering or other damages not covered by workers’ comp.
However, this option depends on the specifics of your case, making it crucial to consult with an experienced Columbia work injury attorney to explore your legal options.
How long do I have to file a claim after a catastrophic injury in SC?
In South Carolina, the time frame for filing a claim after a catastrophic injury depends on the type of claim you’re pursuing—workers’ compensation or a personal injury.
If the injury occurred at work, you must report the injury to your employer in writing within 90 days to qualify for benefits. After reporting, you have up to 2 years to file a workers’ compensation claim.
For non-work-related catastrophic injuries, such as those from a car accident, you have 3 years from the date of the injury to file a personal injury lawsuit.
Are you dealing with the aftermath of a catastrophic injury in Columbia?
Catastrophic injuries are life-altering events that have far-reaching consequences. From the initial trauma to the ongoing challenges of recovery, rehabilitation, and returning to work, those affected face immense physical, emotional, and financial burdens.
If you or someone you love has suffered a catastrophic injury in South Carolina, don’t hesitate to reach out to Smith, Born, Leventis, Taylor & Vega. Our dedicated team of Columbia accident attorneys specializes in both workers’ compensation and personal injury cases, so you can rest assured we can provide the legal guidance and support you need to navigate the complexities of these cases.
Contact us today for a free, no-obligation consultation, and let us help you secure the support and resources you need to start rebuilding your life.
References
National Safety Council. (2022). State Overview. Injury Facts. https://injuryfacts.nsc.org/state-data/state-overview/
The American Association for the Surgery of Trauma. (2012, August 10). Trauma Facts and Links. The American Association for the Surgery of Trauma. https://www.aast.org/resources/trauma-facts
