Any accident that leads to an injury can have consequences that last far beyond the time and money spent healing from the initial physical harm. In some cases, the physical repercussions of someone else’s negligence are so severe that they will never completely go away, resulting in life-changing financial and personal losses on top of a newfound disability or disfigurement.
Following this kind of tragic incident, representation from a personal injury attorney with experience handling similar cases could be key to achieving the financial compensation you deserve. A knowledgeable Walterboro catastrophic injury lawyer at Whetstone Perkins & Fulda could fight to ensure your rights and interests are preserved throughout every stage of the legal proceedings.
Pursuing Compensation for Long-Term Harm
A “catastrophic” injury is widely recognized as one that results in substantial physical impairment and/or loss of cognitive or sensory function that is expected to last for the rest of the victim’s life. Common examples of such injuries include:
- Traumatic brain damage
- Spinal cord damage resulting in paralysis
- Loss of limb
- Loss of sight or hearing
- High-degree burns
However, there is no distinct legal definition for what constitutes a “catastrophic” injury, nor are there are procedurally unique aspects to filing suit for one compared to a less serious personal injury. Instead, the most distinct element of catastrophic injury cases is the value of damages plaintiffs sustain, as well as the lifelong nature of those losses.
To recover completely for the effects a devastating injury will have, a plaintiff must pursue compensation both for losses that have already happened and losses that will impact them years and even decades down the line, such as:
- Future Medical expenses
- Lost earning capacity
- Lost consortium
- Lost overall quality of life
Accurately valuating and effectively demanding damages like these can be all but impossible without support from an experienced Walterboro catastrophic accident attorney.
Possible Obstacles to Comprehensive Recovery
Unfortunately, many of the same restrictions that can limit the value of less serious personal injury claims can also affect cases built around catastrophic injuries. For example, court precedent in South Carolina holds that plaintiffs found partially responsible for causing or worsening their own injuries may be subject to a proportional reduction in compensation based on their percentage of total fault—even if someone else is still primarily at fault for causing them permanent harm.
Pursuant to South Carolina Code of Laws §15-3-530, most personal injury plaintiffs are allotted a maximum of three years after an accident to initiate litigation for ensuing losses, regardless of how severe their injury is. If the negligent party and/or defendant is a governmental entity, the time for initiating litigation may be two year after the accident. The time to initiate litigation for minors may be extended in certain circumstances. Navigating around these and other procedural roadblocks is another area of catastrophic injury litigation in Walterboro where a dedicated attorney’s assistance could prove essential to achieving a positive case outcome.
Enlist the Help of a Walterboro Catastrophic Injury Attorney
Recovering full compensation for any injury resulting from another party’s negligence can be a challenging endeavor—doing so after an injury with permanent consequences can be exponentially more difficult. To have any chance at fair recovery under these circumstances, it may be necessary to seek help from a legal professional who has achieved positive results in cases like yours before.
A capable Walterboro catastrophic injury lawyer at Whetstone Perkins & Fulda could provide the assistance you need to obtain the financial awards you deserve. Call now to get started.