If you’ve been injured due to someone else’s negligence in South Carolina, you may be entitled to compensation through a personal injury claim.
In South Carolina, personal injury claims are a significant concern, with the state experiencing 1,091 traffic fatalities in 2021, a 5% increase from the previous year according to the National Highway Traffic Safety Administration.
This comprehensive guide will help you understand the key aspects of filing a personal injury claim, from gathering evidence to working with an attorney, ensuring that you get a hefty compensation.
Understanding Personal Injury Claims
What is a Personal Injury Claim?
A personal injury claim is a legal process that allows individuals who have suffered physical, emotional, or financial harm due to another party’s negligence or intentional actions to seek compensation for their losses. This can include medical expenses, lost wages, pain and suffering, property damage, and other damages.
How Does Personal Injury Law Work in South Carolina?
South Carolina follows a modified comparative negligence rule, which means that if you are found partially responsible for the accident, your compensation will be reduced proportionally to your degree of fault. However, if your fault exceeds 50%, you cannot recover any damages.
For example, if you were awarded $100,000 in damages but were found 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000. However, if you were found 60% at fault, you would not be eligible for any compensation.
Common Types of Personal Injury Cases
Some common types of personal injury cases in South Carolina include:
Car Accidents
These can involve collisions between vehicles, pedestrians, cyclists, or other parties. Injuries can range from minor to severe, including:
- Whiplash
- Broken bones
- Traumatic brain injuries
- Wrongful death
In 2021, there were 147,724 total traffic collisions in South Carolina. These collisions resulted in 1,198 fatalities and 50,621 non-fatal injuries.
Slip and Fall Accidents
Property owners have a duty to maintain safe premises for visitors. If an individual slips and falls due to a hazardous condition, such as a wet floor, poor lighting, or uneven surfaces, they may have a valid personal injury claim. Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%).
Medical Malpractice
Healthcare professionals have a duty to provide a reasonable standard of care. If a doctor, nurse, or other medical staff member’s negligence causes harm, you may be able to file a medical malpractice claim.
Workplace Injuries
Employers are required to maintain a safe working environment and provide proper training and equipment. If you’re injured on the job due to your employer’s negligence, you may be able to file a personal injury claim in addition to workers’ compensation benefits.
Defective Product Injuries
Manufacturers, distributors, and retailers can be held liable for injuries caused by defective or dangerous products, such as faulty car parts, malfunctioning appliances, or contaminated food products.
Dog Bites
In South Carolina, dog owners can be held strictly liable for injuries caused by their dogs, regardless of whether the dog had a history of aggression or not.
Key Steps in Filing a Personal Injury Claim in South Carolina
What Documents Are Needed to File a Personal Injury Claim?
To file a personal injury claim, you’ll need to gather relevant documents and evidence to support your case. These may include:
- Medical Records and Bills
- Police Reports
- Witness Statements
- Photographs or Videos
- Proof of Lost Wages or Income
- Receipts and Invoices
What Is the Process for Filing a Lawsuit in South Carolina?
If negotiations with the insurance company fail or if the Statute of limitations is approaching, your attorney may recommend filing a personal injury lawsuit. The process typically involves certain steps including:
- Filing A Complaint: Filing a Complaint with the appropriate court, outlining the details of your case including the parties involved and the damages being seeked.
- Serving the defendant: The defendant (the party you are suing) is to be formally notified of the lawsuit by being served with the complaint and a summons.
- Discovery Process: Both parties engage in the discovery process, which involves exchanging evidence, documents, and information relevant to the case. This may include depositions, interrogatories, and requests for production of documents.
- Mediation: Before going to trial, the parties may attempt to reach a settlement through mediation or negotiation. If a settlement cannot be reached, the case will proceed to trial.
- Trial: During the trial, both sides will present evidence and arguments before a judge or jury, who will ultimately decide on liability and damages.
It’s important to note that personal injury lawsuits in South Carolina are subject to a Statute of limitations, which is the time limit for filing a claim. In most cases, the Statute of limitations for personal injury claims in South Carolina is three years from the date of the injury or the date the injury was discovered or reasonably should have been discovered.
Dealing with Insurance Companies in South Carolina
Insurance companies are businesses, and their primary goal is to minimize payouts and protect their profits. When handling personal injury claims, insurance companies may employ various tactics to reduce or deny compensation, such as questioning the severity of your injuries, disputing liability, offering a low settlement amount and requesting excessive documentation.
Understanding Compensation in Personal Injury Cases in SC
The compensation you may receive in a personal injury case depends on various factors, including:
- Severity of Injuries – More severe injuries, such as traumatic brain injuries, spinal cord injuries, or permanent disabilities, typically result in higher compensation awards.
- Medical Expenses – You can seek compensation for all reasonable and necessary medical expenses related to your injury, including hospital stays, surgeries, rehabilitation, ongoing medical treatment, and prescription medications.
- Lost Wages and Earning Capacity – If your injury caused you to miss work or resulted in a reduced earning capacity, you can claim compensation for lost wages and future lost earnings.
- Pain and Suffering – You may be entitled to compensation for the physical and emotional pain and suffering caused by your injury, including anxiety, depression, and loss of enjoyment of life.
- Permanent Disability or Disfigurement – If your injury resulted in a permanent disability or disfigurement, you may receive additional compensation for the long-term impact on your quality of life.
- Punitive Damages – In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future.
How Are Medical Bills Covered in a Personal Injury Claim?
In South Carolina, you can seek compensation for all reasonable and necessary medical expenses related to your injury, including:
- Hospital Stays
- Surgeries
- Rehabilitation
- Ongoing Medical Treatment
- Prescription Medications
- Future Medical Expenses
Common Issues and Challenges In Personal Injury Cases In South Carolina
To recover compensation in a personal injury case, you must prove that the other party was negligent. Negligence is defined as the failure to exercise reasonable care, resulting in harm or injury to another person.
To establish negligence, certain elements need to be proven. These include duty of care, breach of duty, causation and damages. Duty of care implies that the at-fault had a legal obligation to act in a reasonable manner and prevent harm to an individual. When the at-fault party fails to complete this or fails to act the way a reasonable person would have in the circumstances, it constitutes a breach in the duty of care. It has to be proven that the at – fault party’s actions directly caused you injuries. This is referred to as causation. Damages can be suffered in the form of physical injuries, emotional distress or financial losses.
What To Do If the At-Fault Party Disputes Your Claim?
If the at-fault party disputes your claim, your attorney can take several steps to strengthen your case and increase your chances of receiving fair compensation such as negotiating with the At-Fault Party’s Insurer or Attorney, filing a lawsuit or seeking alternative dispute resolution.
It’s important to remember that the at-fault party may have a vested interest in denying or minimizing your claim. An experienced personal injury attorney from Hyde Law Firm can level the playing field and ensure that your rights are protected. Book a consultation today!
Frequently Asked Questions
Q: What If The Person Who Caused My Injury Doesn’t Have Insurance?
If the at-fault party is uninsured, you may still have options. These could include filing a lawsuit directly against the individual, claiming from your own uninsured motorist coverage (in car accident cases), or exploring other potential sources of compensation.
Q: Can I File A Personal Injury Claim On Behalf Of A Family Member?
In certain circumstances, you may be able to file a claim on behalf of a family member. This is common in cases involving minors or individuals who are incapacitated. In wrongful death cases, certain family members may file on behalf of the deceased.
Q: What If My Injury Doesn’t Show Up Immediately After The Accident?
Some injuries, particularly soft tissue injuries or concussions, may not be immediately apparent. It’s necessary to seek medical attention as soon as you notice any symptoms, even if it’s days or weeks after the accident. Document everything and inform your attorney about the delayed onset of symptoms.
Q: How Is Pain And Suffering Calculated In A Personal Injury Case?
Pain and suffering damages are subjective and can be calculated using various methods. These may include the multiplier method (where economic damages are multiplied by a factor) or the per diem method (assigning a daily rate for pain and suffering). The specific calculation can vary based on the circumstances of your case.
Q: What If I Was Injured While Visiting South Carolina But I Live In Another State?
You can still file a personal injury claim in South Carolina if the injury occurred within the state, even if you’re not a resident. However, the case may be more complex due to jurisdictional issues, hence making it essential to consult the experienced personal injury lawyers at Hyde Law Firm.
