Were you or your loved one severely injured in a motor vehicle crash in Lexington or elsewhere in South Carolina? It is imperative that you know how to get justice and the maximum financial support. That is especially important for victims who have permanent injuries. Here, our Lexington auto accident lawyer provides a guide to permanent injury settlements for a crash in South Carolina.
Most Common Permanent Injuries from Motor Vehicle Collisions in Lexington, SC
Serious car accidents can cause devastating injuries. When a person suffers a permanent injury, that can fundamentally change their life. It also alters the trajectory of the car accident claim. Some of the most common permanent injuries suffered in motor vehicle crashes in Lexington include:
- Severe Traumatic Brain Injuries (TBIs): Severe head trauma often leads to permanent cognitive impairment. A car accident victim may experience memory loss, reduced executive function, personality changes, and chronic headaches.
- Spinal Cord Damage (Paralysis): Any amount of damage to the spinal cord can cause partial or complete paralysis. Paraplegia and quadriplegia require lifelong medical care, mobility equipment, and home modifications.
- Herniated Discs with Permanent Impairment: Serious back and neck injuries may result in chronic pain, nerve damage, and permanent restrictions. Some victims require spinal fusion surgery. Even after surgery, a person often still has functional limitations.
- Amputations and Other Severe Orthopedic Trauma: High-impact crashes can lead to traumatic amputations or crush injuries requiring surgical amputation. Beyond that, severe fractures may heal improperly, resulting in permanent impairment ratings.
- Serious Burns and Disfigurement: Vehicle fires and fuel-related explosions cause permanent scarring and functional limitations. Severe burns are more than painful, the associated disfigurement can be truly life-altering.
What is a Car Accident Permanent Injury Settlement?
Broadly explained, a permanent injury settlement is a negotiated resolution of a personal injury claim that accounts for lasting impairment. It should compensate the injured victim for both past losses and reasonably certain future damages. South Carolina follows a fault-based system. The injured party must prove that the defendant’s negligence caused the crash. Once liability is established, damages become the central issue. In permanent injury cases, the settlement must incorporate projected lifetime medical expenses, diminished earning capacity, and ongoing pain and suffering. All economic and non-economic damages should be accounted for in the settlement.
Permanent injury claims frequently require expert analysis. Physicians assign permanent impairment ratings. Vocational experts evaluate work restrictions. Economists calculate future wage loss and the present value of lifetime care costs. These projections shape settlement negotiations. Insurance carriers carefully evaluated these cases. They often dispute whether the injury truly qualifies as permanent or argue that preexisting conditions contributed to the impairment. Detailed medical documentation and consistent treatment records strengthen the claim. A permanent injury settlement typically resolves the claim fully and finally. Once the injured victim signs a release, the case cannot be reopened.
Key Things to Know About Permanent Compensation in South Carolina
Comparative Negligence Can Directly Impact Your Financial Recovery
South Carolina follows a modified comparative negligence system (S.C. Code § 15-38-15). An injured plaintiff may recover damages only if their fault does not exceed 50 percent. If a jury assigns 25 percent fault to the plaintiff, the total award is reduced by 25 percent. If fault reaches over 50 percent, recovery is barred entirely. In permanent injury cases, insurers aggressively argue shared fault to reduce long-term exposure.
Future Damages Must Be Proven With Reasonable Certainty
Permanent injury settlements must account for future medical treatment, lost earning capacity, and long-term care needs. To be clear, South Carolina law does not permit speculative damages. The plaintiff must present competent medical testimony establishing permanency and projected future treatment. Physicians, life care planners, and economists frequently provide opinions. Without detailed projections, insurers undervalue future loss.
There is No General Cap on Compensatory Damages in Auto Accident Cases
South Carolina does not impose a blanket cap on compensatory damages in standard car accident cases (Caps do apply in regards to government entities/employees and charitable entities/employees). Plaintiffs may recover economic damages, including past and future medical costs and wage loss, as well as non-economic damages such as pain and suffering and loss of enjoyment of life. However, punitive damages are limited under S.C. Code § 15-32-530 except in specific aggravated circumstances.
Maximum Medical Improvement Is a Critical Milestone
Permanent injury settlements typically occur after the injured victim reaches maximum medical improvement. The designation means the condition has stabilized and further recovery is unlikely. Settling before this point creates risk. Without a final impairment assessment and prognosis, you cannot truly value your case.
A Structured Settlement May Provide Long-Term Financial Protection
In catastrophic injury cases, structured settlements offer periodic payments over time rather than a single lump sum. The structure, which is desired by some, can help to ensure steady income for medical expenses and daily living costs. Proper design requires careful financial planning and coordination with projected care needs.
Know the Law: Statute of Limitations
Under South Carolina law (S.C. Code § 15-3-530(5)), there is a three year statute of limitations for car accident injury claims. If a governmental entity or employee are responsible you have less time. What happens if you fail to initiate a claim in a timely manner? With only very limited exceptions, you will not be able to take legal action to recover compensation. A proactive approach is a must: Consult with a Lexington auto accident lawyer as soon as possible.
How Our South Carolina Car Accident Lawyers Can Help With a Permanent Injury Case
Car crashes have the potential to cause devastating, catastrophic, and even permanent injuries. These can be extremely stressful, complicated cases for victims and their families. A permanent injury settlement for a car accident needs to account for the full amount of your non-economic losses and your reasonably anticipatable future medical needs. At Smith & Jones Law, LLC, we are a proactive, solutions-focused law firm that has a strong record of case results. With a commitment to doing right by injured victims, our Lexington car accident lawyers put injured victims first.
Contact Our Lexington, SC Auto Accident Attorney Today
At Smith & Jones Law, LLC, our Lexington car accident lawyers have the experience to take on catastrophic injury claims. If you have any questions about permanent injury settlements, we can help. Call us now or contact us online right away to set up your free, no obligation initial consultation. We handle permanent injury car accident injury claims in Lexington and throughout the region, including in the zip codes of 29071, 29072, and 29073.