South Carolina Catastrophic Injury Attorney

What Is a Catastrophic Injury?

In South Carolina, there isn’t a specific legal definition for “catastrophic injury.” These injuries, however, are generally recognized as those that cause severe disruption to an individual’s everyday life and often result in long-term or permanent impairment or disability.

These can include, but are not limited to:

• Traumatic brain injuries
• Spinal cord injuries
• Severe burn injuries
• Amputations
• Multiple fractures
• Serious harm to vital organs

Common Causes of Catastrophic Injuries

Catastrophic injuries can arise from a myriad of circumstances, including:

• Motor vehicle accidents: These are among the leading causes of catastrophic injuries in South Carolina. High-speed collisions, motorcycle accidents, and truck accidents can lead to severe injuries, including traumatic brain injuries and spinal cord injuries.
• Workplace accidents: Certain professions, like construction, manufacturing, and agriculture, have higher risks of severe injuries. Falls from heights, machinery accidents, and exposure to hazardous materials can all result in catastrophic injuries.
• Medical malpractice: Mistakes made by medical professionals can lead to devastating outcomes. This can include surgical errors, misdiagnosis, or improper treatment.
• Slip and fall accidents: While often underestimated, slip and fall incidents can result in severe injuries, particularly in elderly individuals. These can occur due to poorly maintained properties, wet floors, or uneven surfaces.
• Violent acts: Unfortunately, intentional acts of violence, such as assaults, can also lead to catastrophic injuries.

Please note that the above list is not exhaustive. If you have sustained a catastrophic injury due to another party’s negligence under circumstances that we did not mention in the list above, we encourage you to schedule a free consultation with our attorney. We can help you determine the best course of legal action.

Proving Fault in a Catastrophic Injury Case

In any catastrophic injury case, one of the key legal elements that needs to be established is fault, also referred to as liability. This involves demonstrating that another party’s actions or inactions were directly responsible for the injury.

The process of proving fault typically involves four main elements: 

• Duty of care: This refers to the obligation that the alleged at-fault party had to act in a certain way. For instance, drivers have a duty to follow traffic laws, and medical professionals must provide a certain standard of care.
• Breach of duty: If the party failed to fulfill their duty, they are said to have breached it. This could be an action (like a driver speeding) or a failure to act (like a doctor not ordering a necessary test).
• Causation: It must be shown that the breach of duty directly caused the injury. This often requires expert testimony to link the breach with the resulting harm.
• Damages: There must be actual damages resulting from the injury, such as medical expenses, lost wages, or pain and suffering.

Our team understands the complexities involved in proving fault in catastrophic injury cases. We can work closely with you to gather evidence, consult with experts, and build strong cases that clearly establish liability.