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Do you have a case?

An injury can be devastating, no matter how it happens.

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    In personal injury cases, liability and negligence determine if you have a valid lawsuit. The person who caused the injury is liable and if we can prove negligence, we can generally increase the amount of money you receive as part of your settlement or jury award.

Why Choose Armada Law?

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No Fee Until We Win

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We ONLY collect a fee if we win.
If you don’t win, you don’t pay.

Greenville Catastrophic Accident Lawyer

An injury of any kind throws a wrench into your life.

Medical bills pile up…
Work is missed…
Your life is on hold…

A catastrophic injury goes even further and adds pain, suffering, disappointment, and fear for the future into the mix. Catastrophic injuries are serious injuries that permanently alter a person’s life.

These types of injuries often result in:

  • Major medical treatment
  • Long-term health issues and medical care
  • Temporary or permanent disability
  • Diminished quality of life
  • Reduced future earning capabilities

If you’ve suffered a life-altering injury due to someone else’s negligence or intentional acts, you don’t have to navigate the tough road ahead on your own.

A Greenville Personal Injury Lawyer can help you get the financial compensation you’re entitled to and ensure justice is served.

What is a Catastrophic Injury?

Defining an injury as catastrophic is sometimes challenging to do. Is a broken arm considered a catastrophic injury? What about an illness caused by someone else’s negligence? While proving your injury is life-altering may be challenging, some types of injuries and levels of severity almost always fall under the catastrophic category.

Examples of Catastrophic Injuries

Severe Bone Breaks Visual Impairment
Head Injuries Hearing Impairment
Neck Injuries Dismemberment
Organ Damage Spinal Cord Injuries
Severe Burns Brain Injuries
Disfigurement Paralysis
Chronic Illness Wrongful Death

Speak with a personal injury law firm with extensive expertise in South Carolina civil law. Personal injury attorneys can determine if your injury is catastrophic and could result in a substantial settlement.

What Causes a Catastrophic Injury?

While any incident can quickly result in catastrophic injury, some incidents often result in significant injury due to the exposed vulnerability, heightened risk, or severe impact involved in the event.

These incidents include:

While these incidents are examples of where catastrophic injuries commonly occur, many scenarios—like slip and falls, assault, or toxic chemical exposure—could easily lead to extensive bodily damage.

Compensation for Catastrophic Injury Damages

In any personal injury claim, there are a few different types of damages that the injured party can recover. Different categories of damages break compensation down into compensatory items, items that are not easily calculated, and exemplary compensation based on the severity of the at-fault party’s wrongdoing. The difference between standard personal injury cases and those of catastrophic injuries is that the compensation for damages in all categories tends to be exponentially higher for catastrophic injury cases.

Economic Damages

Also called “compensatory damages,” economic damages directly reimburse the injured person for the monetary losses brought on by their injury. These include repayment for medical expenses, property damage, and lost wages due to the injury. Economic damages are easily proven with documents like medical bills, repair estimates, and employment records.

Non-Economic Damages

Non-economic damages are a bit harder to prove. They include “unseen” damage to the injured person’s life, including:

  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Reduced earning capabilities
  • Loss of enjoyment in life

While difficult to prove in most standard personal injury cases, the courts tend to award damages that are non-economic more often in catastrophic injury cases.

Punitive Damages

When the at-fault party’s behavior in a personal injury case is particularly appalling, the courts may award punitive damages. The goal here is to punish the at-fault party and discourage the public from acting similarly. Punitive damages are typically reserved when the wrongdoer acted with extreme recklessness or displayed gross negligence.

What Can Impact the Settlement Amount for Catastrophic Injury Claims?

Even though catastrophic injuries tend to get the highest settlements among personal injury claims, some factors could reduce the amount of damages you can recover.

South Carolina Damage Caps for Personal Injury Claims

South Carolina personal injury law limits the maximum compensation you can recover for specific damages in personal injury cases. These damage caps help prevent excessive lawsuit payouts and insurance costs from becoming unaffordable.

Punitive damage limits in South Carolina mandate that exemplary damages cannot exceed three times the amount of economic damages awarded.

Medical malpractice damage limits for non-economic damages are set at $350,000 for each plaintiff when the claim is brought against one health care provider.

The limit for cases involving multiple providers is $350,000 per provider, and the total compensation for all providers is limited to $1.05 million. In South Carolina, there is no set limit on economic damages for any case, and there are no limits on non-economic damages for cases outside medical malpractice.

Comparative Negligence in South Carolina

One notable way your settlement could be significantly reduced is South Carolina’s use of a Comparative Negligence model. This model assigns a percentage of fault to each party, and the party with the higher responsibility rate must only pay the respective percentage of the awarded settlement. If a jury awards a $100,000 settlement for your case, but you were assigned 30% of the fault, you will only receive $70,000 in damages.

Workplace Catastrophic Injuries and Workers’ Compensation

South Carolina law prohibits employees from filing a personal injury lawsuit against their employer. Instead, the worker can file a workers’ compensation claim to recover damages.

Workers’ compensation only covers economic damages, which include:

  • Medical bills
  • Recovery costs
  • A percentage of lost wages

In cases of catastrophic work injuries, workers’ compensation sometimes awards lifetime income benefits if the injury results in a permanent disability that prevents the injured person from working in the future.

Let a Greenville Personal Injury Attorney Help

Navigating the process for compensation after serious injuries is stressful, emotional, and complex, so legal representation is crucial. An expert legal team of Greenville Catastrophic Injury Attorneys can walk you through the legal process and see that you get every penny of compensation you deserve.

WE DON'T GET PAID UNTIL YOU DO

(which means we’re in this fight together)

1.
1

Get An Advocate

Start today with a free case review
2.
2

Compile Details

We will collect everything needed to prove your claim
3.
3

Heal and Rest

Take the steps needed to rest and recover
4.
4

Communicate Demand

Collaborate to put together a demand and negotiate outcome
5.
5

File Lawsuit

If your needs are not met, we take them to court
6.
6

Discovery

Both sides collect and submit evidence for use in court
7.
7

Mediation

Attempt to obtain mutual agreement before going to court
8.
8

Trial

Your loss is made clear in court to meet best outcomes

Frequently Asked Questions

Let’s face it — you have questions.

What is the statute of limitations for personal injury claims in SC?

A statute of limitations prevents you from filing a lawsuit against a negligent party after a specific time. In South Carolina, you must file personal injury claims within three years of the injury.

How is pain and suffering calculated in South Carolina?

In South Carolina, pain and suffering has been determined to be a type of damage that a specified formula cannot define. In South Carolina courts, the jury will decide on the amount of compensation for pain and suffering and will base the decision on the severity of the injury, the length of the recovery period, and whether a permanent disability is likely.

This Is What We Do

Armada Law and our partners have the experience to represent you in any case. We represent clients who are involved in auto accidents, personal injury claims, and product liability.

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You should feel as calm and confident as the legal team representing you.

Let us take you from victim to victory.

Serving Injury victims in

South Carolina, North
Carolina and Georgia.

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