Personal Injury Law in South Carolina
Personal injury cases in South Carolina require plaintiffs to prove that the injurer was in the wrong. In other words, the injurer committed an obvious breaking of a law that directly relates to the injury.
South Carolina uses a modified comparative negligence law with a modified comparative negligence rule. This means that the party which is less at fault is entitled to compensation. The person who is more responsible is entitled to nothing. If more than one person caused the injury, they could all be forced to pay the suing party’s totally compensation separately, this is called joint and several liability.
In South Carolina consumer product cases have strict liability law in effect, this can, in some cases, make the producer of the product at fault regardless of whether it is actually his/her fault. Plaintiffs must prove that the product was hazardously flawed, was used in the manner it was supposed to be, and that the flaw cause the plaintiff to be hurt either physically or mentally.
South Carolina defendants in a personal injury lawsuit are responsible for a number of things in most cases. For example, they are responsible for any payments made by the plaintiff relating to the personal injury case, any funds lost by the suing party, any personal property damage, any bodily injuries or permanent personal damage, any pain either physical or emotional, and any other costs due to the personal injury lawsuit at hand, not including attorney’s fees which are paid by the plaintiff out of the total settlement amount.
In the case of medical malpractice it is always best to consult with an expert in the medical field in which the injury has occurred.
The statute of limitations in South Carolina for personal injury cases is three years, meaning that if there is no lawsuit filed within the first three years after the incident then there cannot be a lawsuit. Consult a qualified South Carolina Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities/Towns in South Carolina:
Hilton Head Island