Personal injury laws vary from state to state. Because these differences can significantly impact on your case, here are some specific South Carolina personal injury laws.
Statute of Limitations
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 and 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. This is true even if you are in negotiations with the insurance company
Who’s Really Responsible?
You may be held partly to blame for the accident or incident causing your injuries. Which will result in a partial or total loss of compensation. South Carolina personal injury laws follow a “modified comparative negligence rule”. This 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 limit $350,000 to the 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.
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. We’re a local Greenville, SC & Pickens, SC law firm specializing in personal injury. We know South Carolina personal injury laws and are here to help you.