Getting involved in an accident is surely scary and traumatic. The severe injury that one may suffer during an accident can be fatal and life-altering. One of the worst injuries that a person can endure is amputation. The loss of a limb could have severe consequences on the victim’s daily activities, quality of life, and mental health.
If you or a loved one has suffered amputation due to an accident caused by someone else’s negligence, it is vital to know your legal rights. South Carolina personal injury laws provide options for victims to recover compensation for their losses, including medical expenses, lost wages, pain and suffering, and more.
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Causes of Amputation
Amputation could result from a variety of accidents, including:
Car Accidents
Car accidents could cause severe injuries that may require amputation. Victims who suffer extensive crush injuries, burns, or piercings during a car accident could need amputation.
Workplace Accidents
Employees who work with heavy machinery or large equipment in the workplace could suffer amputation if the machines malfunction, stumble, or get entangled in them.
Medical Malpractice
In some cases, medical malpractice could lead to amputation. Medical malpractice refers to a physician or healthcare provider’s negligence, recklessness, or carelessness in treating a patient.
Legal Liability for Amputation Injuries in South Carolina
South Carolina follows a comparative fault system in personal injury cases. This means that if the victim shares some blame for the accident, their damages will be reduced proportionately. For instance, if the victim is determined to be 30% responsible for the accident, their compensation will be reduced by 30%.
The At-Fault Party’s Liability
If a person’s negligence caused the accident that led to the victim’s amputation, they might be held liable for damages. Negligence is a failure to exercise reasonable care or caution that a reasonable person would have in similar circumstances.
The following elements must be established to prove negligence:
- The at-fault party had a duty to exercise reasonable care.
- They breached that duty by acting recklessly or carelessly.
- The breach of duty caused the victim’s injuries.
- The victim incurred damages as a result of the accident.
Damages Recoverable in Amputation Injury Cases
Victims of amputation injuries in South Carolina may be eligible for the following damages:
Economic Damages
These damages are awarded to compensate the victim for their monetary losses due to the accident. Examples of economic damages include:
- Medical expenses, including hospital bills, prescription drugs, and ongoing rehabilitation or therapy.
- Lost income, including current and future earnings the victim loses due to the amputation injury.
Non-Economic Damages
These damages compensate the victim for non-monetary losses they suffer due to the injury. Examples of non-economic damages include:
- Pain and suffering caused by the amputation injury and the impact on the victim’s life.
- Emotional distress, including depression, anxiety, and post-traumatic stress disorder (PTSD).
Punitive Damages
Punitive damages are awarded to punish the at-fault party for their egregious conduct or gross negligence, which caused the victim’s injury. Under South Carolina law, punitive damages are subject to a cap of $500,000 or three times the amount of actual damages awarded to the victim.
Statute of Limitations for Amputation Injury Cases
Victims who suffer amputation injuries in South Carolina have a limited time to file a personal injury claim. The statute of limitations in personal injury cases is three years from the date of the accident.
Failing to file a claim within the statute of limitations could result in the victim losing their right to compensation. Hence, it is crucial to consult a personal injury attorney as soon as possible after the accident to discuss legal options.
Talk to a Personal Injury Attorney in South Carolina
Amputation injuries could lead to devastating consequences for victims and their families. If you or a loved one has suffered an amputation injury due to someone else’s negligence, you may be eligible to recover compensation for your economic and non-economic losses.
At the Law Offices of F. Craig Wilkerson Jr., our personal injury attorneys have extensive experience handling amputation injury cases. We will work tirelessly to pursue maximum compensation for your losses.
Call us today to schedule a free consultation. We serve clients in Rock Hill, Lancaster, and Fort Mill.