Get to Know South Carolina Personal Injury Laws

Get to Know South Carolina Personal Injury Laws

Whenever you are contemplating a personal injury lawsuit in South Carolina, you need to fully understand the state laws, as they could come into play at any point and time in your case, as well as speak with a auto accident attorney . As with all states, South Carolina also has a statute of limitations, which basically dictates how long you have to file a personal injury lawsuit in a court of law. In the state of South Carolina, the statute of limitations allows you three years from the date of your injury in which to claim for compensation through the civil court system. It is important that you take note of the time limits in which to file a lawsuit, as failure to do so within the specified period of time will result in you forfeiting your right to seek compensation in civil court.

Other SC Personal Injury Laws

South Carolina also operates under a shared fault rule, which basically means that even if you are filing a lawsuit against the at-fault person, they may try to place some of the blame on you for your injuries. What this means for you is that if the negligent party that you are suing can actually prove that you contributed to your own injuries or worsened them in some way, then it’s going to affect the compensation you get—it will be reduced by the amount which is equal to your contribution of fault.

However, in South Carolina, if you are found in a court of law to bear more than half of the blame, then you are not entitled to any compensation from the negligent party.

An example of this shared fault rule would be if someone struck the back of your car at a stoplight, and one of your brake lights was out. During a case, you may be found to be 20 percent at fault for the accident due to this. The other driver will be found to contribute 80 percent toward the accident. Therefore, if the total amount of damages comes to $5,000, you would only receive $4,000 as compensation, since you contributed to 20 percent of the fault.

What you also need to be aware of if you are claiming for medical malpractice in South Carolina is that there is a cap placed on injury damages. So, when it comes to medical malpractice, you are limited to $350,000 per defendant or a maximum of $1.05 million in total—even if there are more than three defendants.

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