Personal injury laws vary from state to state so it’s important to understand some of the basics in your state before proceeding with any insurance claim or lawsuit.
South Carolina has statutes and laws in place that limit the amount of compensation and the time you have to pursue your case. These state laws can vary depending on the type of injury and what party was at fault for the accident.
It is important to find an experienced personal injury lawyer in South Carolina as soon as possible if you have been injured. They will be able to review the details of your case and help you decide on the best course of action.
Statutory Limits on Personal Injury Claims in South Carolina
Every state has time limits for filing certain types of cases. In South Carolina, you have three years to file a case related to a personal injury from the date of the accident or injury.
This schedule is laid out in the South Carolina code of laws, section 15-3-530. Three years should certainly be enough time to pursue a claim or personal injury lawsuit, but it is something you want to consider if you have been injured in an accident.
It can take a significant amount of time to collect all the evidence, consider a settlement offer, and pursue a case in court if you cannot reach a reasonable settlement.
Shared Fault in South Carolina Personal Injury Cases
One of the most important things to understand about personal injury laws in South Carolina is the modified comparative negligence rule.
This rule means that the compensation you receive for a personal injury claim can be reduced by the percentage you were at fault for the accident. The rule also means that if you are found to be at least half responsible for the accident, you will not have a right to collect any compensation.
It is obviously complicated to prove fault in an accident and this rule is one of the most important reasons to find an experienced personal injury lawyer in South Carolina if you have been injured in an accident. The insurance companies involved will not be looking out for your interests and will attempt to use any information you give them to find that you were at least 50% responsible for the accident.
You should not attempt to work out a settlement on your own in the state of South Carolina. It is standard practice for insurance companies in South Carolina to pursue the issue of shared fault during the settlement negotiations. This rule often involves complicated nuances in the law and can quickly leave you without any hope for a settlement.
Damage Limits for Personal Injury in South Carolina
South Carolina has some set limits on the amount of damages you can receive in a personal injury case. The state has set limits of $500,000 or up to three times the sustained damages, whichever is greater, on punitive damages.
Punitive damages are not the only claim that can be made in a personal injury case, but it is a limit that you should be aware if you will be pursuing a claim.
South Carolina also has caps on the damages you can pursue in a medical malpractice case. These will typically be limited to $350,000 per defendant and $1.05 million for the entire claim.
This is the limit for damages related to pain and suffering. Again, this is not the only type of claim that can be pursued in these cases.
If you are injured in an accident or as the result of some malpractice, it might seem like you can save some money by simply dealing with the insurance company on your own. The insurance company might even try to convince you of the same thing.
This can put your entire claim at risk. If you have been in an accident and will be pursuing a settlement or claim, you should start with finding an experienced personal injury lawyer in South Carolina.