After experiencing a personal injury, such as an automobile accident, injury at the workplace, or physical injury on somebody else’s property then you may experience chronic pain that results in the loss of wages or the decline of your physical and emotional wellbeing. South Carolina has a series of personal injury laws that help people take advantage of insurance claims so that you get proper compensation the harm that you experienced. There are some limitations about the type of insurance claims that can be filed; however, our attorneys are happy to walk you through the process as you determine if going to court is the right decision for you. Here are some things to know before filing an insurance claim or speaking with an attorney:
After you have suffered some type of personal injury or harm there are a set of statutory limits on how much time you have to go to court and file a lawsuit. The deadlines vary based on the type of case you want to file; in general, the statute of limitations for personal injury cases is up to three years from the date of the injury. If you have additional questions about the statute of limitations you can visit S.C. Code Ann. section 15-3-530. If you fail to file your lawsuit within three years from the date of the injury then the civil court has the right to refuse your case.
If the person you are filing the claim against believes that you are to blame for the personal injury or that you are partially to blame then you may have to share some of the liability. The court may find that you do share some form of liability, which often changes the total value of the compensation that you receive from the other party. For example, in an automobile accident if you are found to be partially at fault then you may not receive a value that will cover the damages done to you and your car. South Carolina uses a modified comparative negligence rule, in which the amount of the compensation you are entitled to is reduced by the amount that is equal to the percentage that is your fault. In other words, if the court finds that you are 20% liable for the damages then your compensation will be reduced by 20%. In addition, if you are found to be more than 50% at-fault for the injury then you generally will not be able to receive compensation for your losses.
In some states the law limits the amount of money that a person is able to receive from a personal injury case, which is the case in South Carolina. Throughout the state, cases of medical malpractice and other non-economic damages are limited to a maximum award of $350,000 per defendant or $1.05 million overall. These maximum values specifically apply to medical malpractice cases and not other personal injuries like negligence, premises liability, or dangerous drugs. In addition, compensation for damages sustained from outrageous behavior from another party is limited to $500,000 or three times the value of the damages.
Our lawyers can support you through a variety of personal injuries. If you have recently been hurt in a car or truck accident, burned or injured by chemical exposure, or hurt on somebody else’s premises then you can contact a personal injury lawyer through the Solomon Law Group to discuss your legal options.