The Basics of South Carolina Personal Injury Law
If you are injured in an accident in South Carolina, you should have a basic understanding of South Carolina personal injury law before filing a lawsuit.
In South Carolina, you only have a window of three years to file a personal injury claim. That's why it is critical to seek out South Carolina personal injury lawyers as soon after the accident happens as possible.
Types of South Carolina Personal Injury Claims
Personal injury is part of tort law. A personal injury claim is filed when someone sustains injury due to someone else's negligent actions.
There are a number of types of accidents that could lead to a South Carolina personal injury lawsuit. The following is a list of just some of the types of accidents that fit under the personal injury umbrella:
- Auto accidents
- Motorcycle accidents
- Trucking accidents
- Slip-and-fall accidents
- Dog bite injuries
- Birth injuries
It is important that you seek out an attorney who has experience working on cases that involve accidents similar to yours. For example, if you sustained a birth-related injury, then you will want to find a South Carolina birth injury attorney.
The type of accident that you are involved in will affect the type of damages you can claim. Personal injury cases allow you to seek compensation for a number of damages including medical costs, loss of wages, damage to personal property, compensation for disfigurement or disability, and emotional distress.
South Carolina Personal Injury Lawsuits
In order to win your South Carolina personal injury claim, you must prove that someone else's negligent actions caused your injuries.
To prove negligence, you must first establish that the person who injured you had a duty to not cause you injury. Next, you must show the person violated this duty and this violation is what caused your injuries. Finally, you have to show you suffered damages. This can be done in part by providing copies of your medical records and expenses.
Under comparative negligence law, if you are partially at fault for your accident, the amount you can seek to recover will be reduced in proportion to the portion of liability you share. However, if you are more than 50 percent liable for your own injuries, you will not be able to recover any damages.
In addition, if more than one party contributed to your injuries, then you may seek to recover the full amount of damages from each party, regardless of how much at fault they are for your accident.