South Carolina Personal Injury Laws
Understanding South Carolina's personal injury laws is essential for anyone
pursuing a claim. Below are some key legal principles that may affect
your case:
Comparative Negligence Rule
South Carolina follows a modified comparative negligence system. This means that you can recover damages even if you are partially
at fault for the accident — as long as you are less than 51% responsible.
However, your compensation will be reduced by your percentage of fault.
For example, if you are 20% at fault and your damages amount to $100,000,
you can recover $80,000.
Statute of Limitations
In South Carolina, you typically have three years from the date of the
injury to file a personal injury lawsuit. If you miss this deadline, your
case may be dismissed, and you could lose your right to compensation.
However, there are exceptions, such as cases involving government entities,
minors, or the discovery of hidden injuries. A Columbia personal injury
attorney can help determine the applicable deadlines in your case.
Damage Caps
South Carolina places damage caps on certain types of personal injury claims.
For example, in medical malpractice cases, non-economic damages (such
as pain and suffering) are capped at $350,000 per defendant and
$1.05 million total. However, there are no caps on economic damages like medical bills and
lost wages in most injury claims.
Compensation Available to Injured Victims
At CR Legal Team, we strive to recover full and fair compensation
for every client. If you've been hurt due to someone else's negligence,
you may be entitled to various forms of damages, including:
Economic Damages
These are the quantifiable losses directly resulting from your injury, such as:
- Medical bills (hospital stays, surgeries, rehabilitation)
- Future medical care
- Lost income and reduced earning capacity
- Property damage (e.g., to your vehicle)
Non-Economic Damages
These are subjective losses that impact your quality of life, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages
In cases involving gross negligence, recklessness, or intentional harm,
South Carolina courts may award punitive damages to punish the at-fault
party and deter similar conduct. These are rare but can significantly
increase the total value of your case.