If you suffer a catastrophic injury, your life changes forever. On top of needing help with daily activities, you may be unable to work. Medical care is costly, especially if it spans many years of rehabilitation. While your focus should be on healing, you are likely worrying about finances.
You do not deserve to shoulder this burden alone, especially if your injury results from another person’s negligence. Let a savvy personal injury attorney from Whetstone Perkins & Fulda help. A Marion catastrophic injury lawyer could advocate for the compensation and peace of mind you deserve.
What is a Catastrophic Injury?
Catastrophic injuries can cause permanent physical or cognitive impairments, often leading to extended care and therapy. This could include traumatic brain and spinal cord damage, leaving a person paralyzed or with cognitive issues. Sustaining several broken bones or severe burns can also be considered catastrophic. These injuries are sometimes caused by vehicle crashes, slip and fall accidents, explosions, dangerous working conditions, defective products, contact sports, and more.
Some other examples of catastrophic injuries include gunshot wounds, the loss of sight, or losing one or more limbs. A Marion catastrophic injury attorney is skilled in gathering the information required to potentially determine fault when an accident occurs.
Elements Required in a Catastrophic Injury Complaint
Most personal injury cases are argued based on negligent acts. This means the plaintiff must prove that the at-fault party owed a duty of care and that they neglected that duty. The breach must be the cause of the accident that resulted in the catastrophic injury.
Pursuant to South Carolina Code of Laws § 15-3-530(4), plaintiffs have three years to file personal injury lawsuits. This Statute of Limitations features some exceptions. For instance, suing the government is outlined in the South Carolina Tort Claims Act, which gives a plaintiff two years to file a lawsuit, which can be extended to three years with the proper filing of a verified petition. A Marion lawyer who is well-versed in catastrophic injury cases could help explain these and other elements required more completely.
Types of Damage Awards in Marion
Plaintiffs can be awarded different types of compensation, or damages, depending on the legal outcome of their claim. Economic damages cover monetary losses associated with the accident, such as medical bills, lost wages, property damage, and rehabilitative care.
Non-economic damages do not have a tangible monetary value. Instead, these losses can include pain and suffering, emotional trauma, loss of the enjoyment of life, and disfigurement.
There are also punitive damages, which are meant to punish the at-fault party and dissuade others who act willingly with reckless disregard for another’s life. Punitive damages are capped at either $500,000 or three times the actual damages.
Other Compensation Considerations and Limits
If a catastrophic injury is caused by medical malpractice, there is a cap on the amount of non-economic damages a plaintiff could receive. This cap is even lower if the at-fault party is a government entity or official, and the statute of limitations in those cases is only two years. Anyone considering filing a catastrophic injury claim should consult a local legal professional to determine what specific damages may be recoverable.
Contact a Marion Catastrophic Injury Attorney
Catastrophic injuries can devastate your life, your family, and your wallet. You should not have to worry about how you will pay your bills while trying to recover and possibly relearn simple daily tasks.
If another person caused your injuries because they were negligent, we might be able to help seek compensation from the at-fault party. Reach out to a Marion catastrophic injury lawyer to discuss your options.