The Basics of South Carolina Personal Injury Law
On this page, you will find a summary of the basics of personal injury law plus additional links to detailed information on the many causes of personal injuries in South Carolina. Personal injury claims cover a wide variety of injuries, but they all have one thing in common: someone caused harm to someone else. And while South Carolina personal injury law can help you when you are the one who has been injured, insurance companies can also use it against you.
How is Personal Injury Defined in South Carolina?
Personal injury is harm to a person’s mind, body, or emotions. Personal injury law comes into play when this injury is caused by the negligence, carelessness, or wrongful conduct of another.
A simple example of an injury and a potential claim follows:
While visiting his favorite pet store, John slips in a puddle near the fish tanks and shatters his elbow. John could potentially have a personal injury claim for his shattered elbow.
South Carolina personal injury law focuses on two basic issues:
- Liability – Was someone else’s negligence responsible for your injury?
- Damages – If so, what were the nature and extent of your injuries?
If you decide to file a personal injury claim in South Carolina, we encourage you to seek out an experienced lawyer to help you try to prove that your injuries were caused by another person’s negligent actions, or lack of action, and help you identify and calculate your damages.
How Does Negligence Work in South Carolina?
When filing a personal injury claim in South Carolina, courts use “comparative negligence” to determine a plaintiff’s recovery amount. In order for a plaintiff to recover damages, the plaintiff’s negligence cannot be greater than that of the defendant. This is because South Carolina follows a modified comparative negligence rule with a 51% bar. You have to be less than 51% at fault to be able to recover any possible damages. Comparative negligence also affects the amount of damages you are able to recover. For example, if you were found to be 20% at fault, your recovery will be reduced proportionally, and you could potentially only recover up to 80% of the damages you suffered.
What is the Statute of Limitations for South Carolina Personal Injury Law?
Claims for personal injury in South Carolina have statutes of limitations, or deadlines, for filing so it is important to speak to an experienced personal injury attorney immediately after you are injured.
Learn More: South Carolina’s Statute of Limitations
What Are Common Causes of Personal Injury in South Carolina?
A personal injury claim can come from almost any situation where someone is hurt due to another’s negligence. The most frequent claims in South Carolina evolve from the following events:
- Vehicle accidents – Let’s face it, whether you are driving or riding, the potential for accidents and injuries is present. Whether you are in a car or truck or on a motorcycle, boat, cruise ship, aircraft, or train, you are at risk for personal injury. And some of these accidents may be DUI-related.
- Medical mistakes – Medical error is the 3rd leading cause of death in the U.S., and unfortunately, these cases sometimes evolve into wrongful death.
- Workplace injuries – People are hurt on the job every day and workers’ compensation claims are filed to help them recover damages.
- Defective medical device and drug injuries – Many injuries are caused by defective products and drugs. Large corporations sometimes cut corners when manufacturing their medical products, resulting in harm to people.
- Dog bites – The CDC estimates that 4.5 million people are bitten by dogs annually in the U.S., and dog bite claims are common in South Carolina.
- Amusement parks and water parks accidents – While providing fun and entertainment are what these parks are known for, amusement park and water park accidents are more common than you might think.
- Electrical accidents – Electricity surrounds us all 24/7, and electrocution injuries are frequent.
We also have attorneys who are experienced at handling the emotionally-charged personal injury cases related to the following special victim groups: children and victims of sexual abuse and assault, crime, and nursing home abuse and neglect. Every day, we fight for our clients’ rights.
What Are Common Types of Personal Injury Damages in South Carolina?
If you have been hurt by someone else’s negligence or wrongful act, South Carolina personal injury law allows you to seek compensation for two types of damages:
- Economic damages – Medical expenses, lost wages, and damaged property
- Non-economic damages – For example, pain and suffering and loss of enjoyment of life
It is helpful to have the objective counsel of an experienced lawyer when you are determining damages – one who will help you understand what the future financial implications of your injury are so you know what damages to ask for now. At the Law Offices of James Scott Farrin, our South Carolina attorneys can help you identify all the damages you may have suffered.
How Do I Contact an Attorney Who Knows South Carolina Personal Injury Law?
Call the Law Offices of James Scott Farrin at 1-866-900-7078 to discuss your case today – there’s no cost or obligation. Or contact us online for a free case evaluation. We know South Carolina personal injury law, and we are here to fight for you.