Personal injury in South Carolina can be a life-altering event, often leaving you with physical, emotional, and financial burdens. According to statistics, the rate of personal injury cases in South Carolina are 217% more than the national average, which means if you’re a resident of South Carolina, you may be more likely to face a personal injury case. 

If your injury resulted from someone else’s negligence, pursuing a personal injury lawsuit will be beneficial. Having a proper understanding of the processes involved in a personal injury trial in South Carolina can help you deal with the legal system and get the compensation you deserve.

Understanding Personal Injury Lawsuits In South Carolina

A personal injury lawsuit arises when someone suffers harm due to another party’s negligence or intentional actions in South Carolina. These cases can involve various types of accidents, such as car crashes, slip and falls, medical malpractice, defective products etc.

According to the South Carolina Judicial Branch, in 2021, there were 8,732 personal injury cases filed in the state’s circuit courts. In 2022, 30,400 (89.1 percent) of private industry recordable injuries and illnesses were injuries.

These South Carolina personal injury cases can range from minor injuries to severe or catastrophic harm, including traumatic brain injuries, spinal cord injuries, and wrongful death.

South Carolina Personal Injury Laws And Regulations

South Carolina follows a modified comparative negligence rule, which means that if you are found partially responsible for the accident, your compensation can be reduced proportionally to your degree of fault. Additionally, South Carolina has a cap on punitive damages in personal injury cases, limiting them to three times the actual damages or $500,000, whichever is greater.

Steps To File A Personal Injury Lawsuit In South Carolina

Inorder to file a personal injury lawsuit in South Carolina, certain steps need to be followed. First, you must seek medical attention, no matter how minor the injuries are. You must gather evidence such as documenting your injuries, photographing the scene of the accident, witness statement and file a police report. 

After taking these measures, you must visit a South Carolina Personal Injury lawyer to evaluate your case. After the evaluation, your attorney will file a complaint with the appropriate court within the statute of limitations. This will lead to the commencement of the discovery process, where both parties will be exchanging information and evidence. 

Key Factors In Personal Injury Case Negotiations In South Carolina

During the negotiation process, several factors can influence the outcome of a personal injury case in South Carolina such as the severity of injuries, extent of medical treatment required, insurance policy limits of the at-fault party, degree of negligence, availability of evidence, amount of lost wages and loss of future earning potential.

Preparing For Trial In South Carolina Personal Injury Cases

If a settlement cannot be reached through negotiations, the personal injury case may proceed to trial in South Carolina. Some key factors such as the jury selection process, importance of deposition and how to deal with an at-fault party’s insurance company are necessary to increase your chances of a hefty settlement.

The Jury Selection Process In South Carolina

Potential Jurors are selected randomly from voter registration lists and driver license records in South Carolina. The selection process is referred to as “Voir Dire”. In it, attorneys from both sides question the potential jurors. This is done so to remove biased jurors and to ensure that an impartial jury is selected for the case.

Depositions In South Carolina Personal Injury Cases

Out-of-court testimonies are referred to as depositions. These are given under oath by experts, witnesses and the parties involved in the case. These testimonies can be used in court as evidence and have a significant impact on your personal injury case. Hence, it is important to be well practiced on the potential questions being asked and to remain calm and composed. 

Dealing With Insurance Companies And The At-Fault Party In South Carolina

Insurance companies and the at-fault party’s legal team will likely be present during the trial, advocating for their interests. Your South Carolina personal injury attorney will be on their A-game regarding the terms and conditions of the insurance policy to ensure that your rights are protected and that you receive fair compensation. Additionally, Insurance companies often low-ball offers, so it is of utmost importance that you don’t sign anything without your attorney present.

Every personal injury case is unique, and the outcome can depend on various factors. It’s necessary to contact an experienced South Carolina personal injury attorney for legal guidance to protect your rights and maximize your chances of obtaining fair compensation.

Hyde Law firm specializes in personal injury cases in South Carolina and can provide valuable resources, expertise and guidance throughout the legal process. We have experienced attorneys, investigators, and support staff who can handle all aspects of your case, from gathering evidence to representing you in court. Book a consultation today!

Frequently Asked Questions 

Q: How Do I Know If I’m A Victim of A Personal Injury Case In South Carolina?

Generally, you might have a case if you were injured due to someone else’s negligence (carelessness). This could include car accidents, slip and falls, product defects, medical malpractice, and more. If you’re unsure, consult one of our lawyers at Hyde Law Firm South Carolina for expert guidance!

Q: When Should I Hire A Personal Injury Attorney For My Case?

It is advisable to hire a personal injury attorney as soon as possible after an accident or injury to ensure your rights are protected throughout and going through the legal process is smooth for you.

Q: How Much Is My Personal Injury Case Worth In South Carolina?

The value of your case depends on different factors including the severity of your injuries, lost wages, medical bills, physical or mental pain and suffering, and long-term effects. Our experienced South Carolina personal injury lawyer can examine your specific situation and provide a more accurate estimate.

Q: How Long Will My Personal Injury Case Take To Settle?

The timelines for a personal injury case can vary a lot depending on the complexity of the case, the severity of your injuries, and whether or not it goes to trial. Some cases settle within a few months, while others can take up to a year or more. Our experienced South Carolina personal injury lawyers can give you a more accurate estimate based on the specifics of your case.

Q: What Is The Process Of Filing A Personal Injury Lawsuit?

A: The process typically involves consultation with an attorney, investigation of the case, filing the lawsuit in court, discovery phase which includes gathering evidence, negotiation, and possibly going to trial if a settlement cannot be reached.

Q: What Are The Different Types Of Damages I Can Recover In A Personal Injury Case?

A: In South Carolina, personal injury damages can include compensation for medical bills, lost wages, pain and suffering, property damage, and emotional distress. The specific types of damages you can recover will depend on the facts of your case.