Detailed Answer
This answer explains how someone injured in an accident in South Carolina can recover medical and therapy expenses that are ongoing. It covers what kinds of medical costs are recoverable, how to prove them, time limits that matter, and practical steps to protect your claim. This is educational information, not legal advice.
What kinds of medical and therapy costs can you recover?
Under South Carolina tort law, a person who is injured because of another party’s negligence can generally recover compensatory damages that arise from that injury. The kinds of medical-related items typically recoverable include:
- Past medical bills (hospital stays, doctor visits, imaging, prescription medication).
- Past therapy and rehabilitation expenses (physical therapy, occupational therapy, counseling when related to the injury).
- Future, reasonably certain medical and therapy expenses that will be needed because of the accident (ongoing rehabilitation, future surgery, long-term care, assistive devices).
- Related out-of-pocket costs (transportation to medical appointments, home modifications when needed for disability).
Key legal requirements you must satisfy
To recover these expenses you generally must prove three basic things:
- Liability: The other person or party was legally at fault (negligent or otherwise liable) for the accident that caused your injury.
- Causation: Your medical condition and your need for therapy were caused by that accident (or were substantially aggravated by it).
- Damages: Actual, provable expenses and losses resulted from the injury (medical bills, therapy costs, etc.).
For future medical and therapy expenses, South Carolina courts require proof by a fair preponderance of the evidence that the future care is reasonably certain or probable—not merely speculative. That usually means an opinion from an appropriate medical provider or expert describing the needed treatment, scope, frequency, and estimated cost.
Timing — statute of limitations
South Carolina law places time limits on when you must file a lawsuit. For most personal injury actions the limitation period is three years from the date of the injury. See S.C. Code Ann. § 15-3-530 for the statutory text and details: https://www.scstatehouse.gov/code/t15c003.php. If you wait past the deadline, a court will likely dismiss your case and you will lose the right to recover.
How courts and insurers evaluate future (ongoing) therapy claims
Courts and insurance companies look for objective proof when you claim ongoing or future therapy needs. Typical evidence that strengthens a claim includes:
- Medical records showing diagnosis, treatment history, and physician recommendations.
- Detailed treatment plans from treating providers specifying frequency, duration, and purpose of therapy.
- Expert testimony (doctor or other qualified clinician) explaining why future treatment is necessary and estimating costs.
- Documentation of how the injury affects daily function and work (functional capacity evaluations, therapy progress notes).
- Receipts, itemized medical bills, and invoices for past and ongoing costs.
How future costs are calculated
Future medical and therapy costs are usually calculated by: (1) establishing a reasonable treatment plan, (2) estimating total cost, and (3) sometimes reducing that future stream of expenses to present value (so the award reflects the lump-sum equivalent today). Expert opinions and itemized cost estimates are essential for this process.
Health insurance, liens, and subrogation
If your health insurer, Medicare, Medicaid, or another entity paid your medical bills, they may have a subrogation or reimbursement right (a lien or claim against your recovery). You must identify these potential liens early. Failure to account for them can complicate settlement negotiations and trial awards. An attorney can help identify and negotiate lien issues and state-specific procedures.
Practical examples (hypothetical)
Example A — Short-term therapy: A person injures a shoulder in a car crash and needs three months of physical therapy. They have clear medical records, detailed invoices, and a treating physician’s note recommending therapy. Those past therapy bills and the reasonable cost to finish the recommended sessions are typically recoverable.
Example B — Ongoing/long-term care: A crash causes a knee injury that likely requires future surgeries and years of therapy. With a treating surgeon’s report and a life-care plan from a rehabilitation specialist estimating frequency and cost, a plaintiff can present evidence to recover future therapy and medical expenses, reduced to present value if required.
Settlement vs. trial
Most injury claims settle before trial. Insurers will evaluate the strength of liability and the credibility of your medical evidence when making offers. Strong, well-documented proof of ongoing needs typically produces higher settlement offers. If you go to trial, a judge or jury will weigh the same evidence to determine damages.
When to talk to an attorney
Contact an attorney early if you have ongoing medical needs after an accident. An attorney can:
- Preserve evidence and help meet filing deadlines (like the three-year statute of limitations).
- Obtain expert reports to prove future treatment needs and costs.
- Identify and negotiate health-insurance subrogation and liens.
- Handle settlement negotiations or litigation so you can focus on recovery.
Important note: Do not sign settlement releases or give recorded statements without consulting counsel—those actions can limit or eliminate your ability to recover for ongoing injuries.
Helpful Hints
- Keep all medical records, bills, therapy notes, referral letters, and prescription records in one place.
- Ask treating providers to explain, in writing, recommended future treatment and why it is necessary because of the accident.
- Request itemized bills and invoices—blanket totals are less persuasive than line-item charges tied to treatment dates.
- Track time missed from work and any loss of earning capacity with pay stubs and employer statements.
- Start a daily pain and function journal—note pain levels, limitations, therapy sessions, and how symptoms affect daily life. It helps corroborate your claims.
- Preserve photos of injuries, accident scenes, and anything that documents the cause of injury.
- Notify your health insurer promptly and be aware they may assert subrogation rights; keep records of who paid each bill.
- Consult an attorney before accepting a settlement, signing a release, or negotiating with an insurance company.
- File a lawsuit before the statute of limitations expires; in South Carolina most personal injury suits must be filed within three years—see S.C. Code Ann. § 15-3-530: https://www.scstatehouse.gov/code/t15c003.php.
Final reminder: This article is educational and explains general principles under South Carolina law. It is not legal advice. Every case is different. For advice about your specific situation, consult a licensed South Carolina attorney who handles personal injury cases.