South Carolina Personal Injury Laws 2024 Explained

As you navigate the impacts of a personal injury, it is important that you research and understand South Carolina personal injury laws, as these will dictate how your claim will proceed. Deas Law Firm believes that every individual suffering from a personal injury should be equipped with the knowledge of the laws and regulations that govern their case. Our firm offers them both protection and advocacy in taking legal action.

Key Personal Injury Laws to Understand in South Carolina

South Carolina holds very specific laws that govern personal injury cases. These laws dictate how personal injury claims are handled, how liability is determined, and what type of compensation is awarded. Having a good grasp of these laws can help you in your personal injury case. Below is a list of key personal injury laws in the state:

Modified Comparative Negligence

South Carolina has a modified comparative negligence rule that dictates how damages in personal injury claims are awarded. If an injured party is partially at fault for the accident, their compensation can be reduced by the percentage they are found at fault.

For example, if a personal injury settlement is $20,000 and the injured party is found 25% at fault for the accident, their total settlement will be $15,000. With this rule, if the injured party is found 51% or more at fault for their incident, they may be completely unable to recover damages.

Statute of Limitations

The statute of limitations, or the deadline for filing personal injury claims after the incident occurred, in South Carolina is three years. This is important to remember because if an injured party wants to pursue legal action after this timeframe, their case may be automatically dismissed. Prompt legal action is key to avoid an unnecessary case dismissal.

Damages

In a personal injury case, injured parties can seek compensation for two different types of damages: economic and non-economic. Economic damages are the tangible losses that someone may suffer after a personal injury incident, like medical bills, lost wages, and the impact on future earning capacity. Alternatively, non-economic damages compensate for the more intangible losses associated with the incident, like pain and suffering and the loss of enjoyment of life.

Common Types of Personal Injury Cases

Personal injury cases can arise from many types of incidents where an individual suffers harm at the fault of another party’s negligence, intentional action, or recklessness. The most common types of personal injury claims include the following:

• Motor Vehicle Accidents: Car, truck, motorcycle, pedestrian, and bicycle accidents can lead to personal injury claims if the accident was caused by driver negligence through actions like distracted driving, driving under the influence, or speeding.
• Slip and Fall Accidents: Slip and fall accidents can lead to personal injury claims because premises liability laws hold property owners responsible for maintaining safe environments. If they fail to uphold their duty of care, they may be liable for accidents on their property.
• Workplace Accidents: Injuries suffered at the workplace, like falls or exposure to hazardous materials, may be eligible for a personal injury claim.
• Medical Malpractice: When a healthcare provider’s negligent action or inaction causes harm, such as a misdiagnosis, surgical error, or medication mistake, the injured party can hold them accountable through a personal injury claim.
• Product Liability: If an individual suffers an injury that was caused by a dangerous or defective product, the injured party may pursue legal action. Such issues could involve manufacturing defects, inadequate warnings, or faulty design.

FAQs

Q: What Are Personal Injury Damages in South Carolina?

A: In South Carolina, personal injury damages can include economic, non-economic, and punitive damages. Punitive damages are awarded in certain cases to punish the at-fault party when their actions were especially reckless and harmful. Economic and non-economic damages are the losses you suffered in direct connection to the accident, such as lost wages, medical bills, and pain and suffering.

Q: Does South Carolina Have Personal Injury Protection?

A: Yes, South Carolina does offer Personal Injury Protection (PIP). PIP is a form of medical coverage that can cover the necessary medical expenses related to an injury caused by an accident, no matter who was at fault for the accident. It typically pays out faster than other traditional insurance options, which may be essential after an injury.

Q: How Long Do You Have to File a Personal Injury Claim in South Carolina?

A: In South Carolina, you have three years to file a personal injury claim after the date of the accident. This deadline is referred to as the statute of limitations. It is in place to encourage timely action, preserve the evidence involved in the case, and protect defendants from unfair legal action.

Q: What Is a Personal Injury?

A: A personal injury is a legal term that is used to describe the type of harm and damage caused to an individual’s body, emotions, or mental state by another individual or entity’s negligence, recklessness, or intentional misconduct. Personal injuries form the basis for a civil claim wherein an injured party pursues compensation for their losses, both economic and non-economic.

Q: Do You Need a Personal Injury Lawyer in South Carolina?

A: In South Carolina, you are not legally required to work with a personal injury lawyer to pursue a claim. However, a lawyer’s aid may be highly advantageous to the success of your case. A seasoned lawyer can not only guide you through the legal process, but they can also defend your rights and pursue a fair settlement amount that covers the full extent of your losses.

Consult a Trusted Personal Injury Lawyer

When thinking about the next steps in your personal injury case, it is important to make informed decisions that support the success of your claim. While understanding local laws is an important first step, partnering with a personal injury lawyer can be vital. They can secure a fair and smooth legal process that protects your rights. A skilled attorney can fight for a fair settlement that accurately covers your total losses. Contact Deas Law Firm today to set up an initial consultation.