Personal injury laws vary from state to state. Because these differences can significantly impact on your case, here are some South Carolina specific personal injury laws from a Greenville, SC personal injury law firm.
The statute of limitations on personal injury claims in South Carolina is three years. If you get injured in a slip and fall or in a car accident, even if you are in negotiations with the insurance company, if you do not file a claim against the negligent party or parties within three years of the date of your injury, you lose the right to seek compensation.
You could be held partly to blame for the accident or incident causing your injuries, resulting in a partial or total loss of compensation. South Carolina follows a “modified comparative negligence rule,” which means that your potential settlement or damages will be reduced by an amount that is equal to your percentage of fault. However, if you are more than 50 percent at fault, you will not receive any compensation for your injuries.
Regardless of the award by a jury, South Carolina caps some personal injury damages. In South Carolina medical malpractice claims, non-economic damages are limited to $350,000 per defendant, and $1.05 million overall. In all South Carolina personal injury claims, punitive damages, or damages awarded to punish the liable party for egregious or outrageous negligence, are limited to the greater of three times actual damages, or $500,000.
Because South Carolina has many more specific rules relating to personal injury, an injured party should seek assistance from a law firm that is familiar with State laws. If you need help with your personal injury claim, contact us, a Greenville, SC personal injury law firm.