Have a minor injury that’s worsening over time? Understand your legal rights and options. If your injury progresses, a Charleston personal injury attorney at Query Sautter & Uricchio, LLC can help you.
Immediate Medical Attention is a Must: Some Injuries Appear Minor at First but Progress
It is not uncommon for serious injuries to arise with a delayed onset. Indeed, not every bad injury has all its full symptoms right away. After an accident in South Carolina, an injured victim may initially believe that the harm was minor. Common things like adrenaline, shock, and delayed inflammation can simply mask the true extent of physical trauma in the hours, days, or even weeks following an accident. Common injuries that can worsen include:
- Neck injuries;
- Soft tissue damage;
- Traumatic brain injuries (TBIs); and
- Certain internal injuries.
South Carolina Law Does Allow for Financial Recovery for Later-Developing Damages
South Carolina law allows recovery for all damages from another’s negligence. To bring a successful claim, a victim must prove each element of negligence:
- Duty;
- Breach;
- Causation; and
- Damages.
When an injury worsens over time, medical causation becomes key. A victim must show that the new condition resulted from the original accident. South Carolina courts usually require medical testimony to prove this link.
The statute of limitations still applies. If an injury gets worse, South Carolina law still sets a deadline. Under S.C. Code Ann. § 15-3-530, most personal injury cases must be filed within three years.
The Challenge: Once a Personal Injury Claim is Settled, it is Very Hard to Reopen It
Personal injury settlements are generally final and binding under South Carolina law. Once a settlement is accepted and a release of liability is signed, it typically resolves all claims from the accident. The release means you generally cannot seek additional compensation in exchange for the payment. It is very difficult to reopen a claim after settlement, even if your injuries later worsen. South Carolina courts usually enforce settlement agreements unless there is evidence of fraud, mutual mistake, or another recognized ground for invalidating the contract. A later-worsening injury alone is not enough.
Don’t settle a personal injury case until you have reached maximum medical improvement (MMI). A South Carolina personal injury lawyer can help you.
Call Our Charleston, SC, Personal Injury Attorney Today
If your minor injury has worsened over time, contact Query Sautter & Uricchio, LLC today to schedule your free case review with our Charleston personal injury lawyer. We are ready to answer your questions, explain your legal options, and represent you throughout South Carolina.