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According to the South Carolina Department of Public Safety, 2.5% of motor vehicle accidents result in serious injury or fatality. When a person has a serious injury, a claim is the process to receive financial compensation. To see if your case qualifies as a serious injury, contact our experienced Columbia personal injury lawyers at Shealey Law Firm today.
What Is Considered a “Serious Injury” Under South Carolina Law?
South Carolina does not impose a threshold of how severe bodily harm must be to qualify as a serious injury. There is no serious injury legal standard for car accidents or for any other type of personal injury claim. Instead, anyone who suffers bodily harm may have a claim for compensation.
A serious injury is one that:
- Impacts the victim long-term.
- Causes permanent disfigurement.
- Requires expensive or invasive medical intervention.
- Is life-threatening.
Any of these factors may make an injury a serious one.
What To Know About Serious Injury Claims
When injuries are more serious, there are some important considerations under South Carolina law.
- Long-term impact. Compensation may be especially important because the victim’s life is affected long-term.
- Case building. It can take more time and effort to build the case because there is more evidence to gather.
- Proving the case. A victim must identify their damages and prove them. Even though it can be difficult to document the full extent of serious injuries, it’s necessary to receive fair compensation.
- Admission of evidence. Evidence must be prepared for court, which follows evidentiary rules, including special rules for admitting expert testimony.
- Responding to defenses. With large dollar amounts involved in a claim, the defense may aggressively fight it.
- Fashioning a settlement. The person may have options to structure the settlement to protect funds long-term.
When a person suffers a serious personal injury, how they approach the claim may significantly impact the case outcome and resulting compensation.
Compensation for Serious Personal Injury is Case-By-Case
The victim’s individual damages determine compensation. Damages in South Carolina personal injury claims vary significantly from case to case. The severity of injury, along with other compensable losses, is one factor in determining damages.
Examples of Injuries That May Qualify as Serious
Injuries that may qualify as serious include:
- Fractures
- Traumatic brain injury, unconsciousness
- Spinal cord injury, paralysis, nerve damage
- Internal organ damage, bodily system impairment
- Amputation, distorted extremities
- Burns, disfigurement
- Significant bleeding
- Laceration that exposes muscle and organs
- Vision impairment, hearing loss
Complications can result in serious injury, as can a combination of mild or moderate injuries.
SCDPS Definition of Suspected Serious Injury
Although there is no legal definition of a serious personal injury in South Carolina, the South Carolina Department of Public Safety tracks suspected serious injuries in accident statistics. They define a suspected serious injury as one that involves one or more of a list of injuries (page 182).
How Medical Evidence Is Used To Prove Injury Severity
When a person has a serious injury, the medical evidence in the claim is particularly important. Medical evidence must establish:
- The injuries the victim has.
- That injuries are the result of the accident.
- Cost to treat, including long-term costs.
- Rehabilitation and nursing needs.
- Permanent disfigurement, mobility impairment, and other limitations.
- Physical pain associated with injuries.
Medical evidence is usually a combination of records and expert testimony.
Long-Term Disabilities and Permanent Impairment Claims
Serious injury claims often involve long-term disability and permanent impairment. When long-term impact is significant, it can add to the value of the claim. Long-term disability must be verified through medical and factual evidence. Having the victim journal how their life has been affected is also strong evidence in such claims.
When Shealey Law Firm represents personal injury victims, we carefully document the long-term impact of injury to ensure that each claim is complete.
How Serious Injuries Affect Compensation in Columbia Cases
Serious injuries can significantly increase both economic and non-economic damages in Columbia, SC, cases.
Liability imposed on a defendant is based on the damages of the victim, not on the degree of fault of the offender. There are a few exceptions: comparative negligence, non-economic damage caps in medical malpractice, and punitive damages.
Can Pain and Suffering Increase in Serious Injury Claims?
Yes, pain and suffering in a personal injury claim should be compensated according to the severity of the injury. The victim must have evidence explaining physical and emotional suffering. Often, the defense tries to undervalue pain and suffering. When you work with Shealey Law Firm, you have lawyers to identify what the case is worth.
Why You Need a Columbia Personal Injury Lawyer for Major Injury Cases
When an unexpected serious personal injury changes your life, the compensation you receive can provide welcome relief. But the claims process can be challenging and tiring.
At Shealey Law Firm, our Columbia personal injury lawyers have the training and experience to get results. We are lawyers you can trust when you need skilled legal assistance in a serious injury claim. Call or message us now.