Ensure your safety and seek medical attention, as South Carolina law may consider the gap between the accident and medical treatment when evaluating claims. Document the scene and gather information from witnesses. Report the accident to the police if it involves significant injury, death, or property damage.
In South Carolina, you typically have three years from the date of the injury to file a lawsuit in civil court. This timeframe is crucial as failing to file within this period typically results in losing your right to sue.
In some circumstances, this timeframe may be shorter. For example, claims against the government often have a 2-year statute pursuant to the South Carolina Tort Claims Act.
Victims in South Carolina can recover economic damages for medical expenses and lost wages, non-economic damages for pain and suffering, and, in cases of egregious conduct, punitive damages to punish the wrongdoer and deter future misconduct.
It is highly recommended. Personal injury laws in South Carolina are complex, involving nuanced statutes and judicial precedents that a skilled attorney can navigate effectively to maximize your compensation.
Our firm works on a contingency fee basis, meaning our fees are contingent upon you winning your case. There are no upfront costs, and we only get paid if we secure a recovery for you.
South Carolina follows a comparative negligence rule. You can still recover damages if you are less than 51% responsible for the accident, but your compensation will be reduced by your percentage of fault.
The duration varies based on case complexity, the severity of injuries, and the defendant’s willingness to settle. While straightforward cases may settle in a few months, more complex cases, especially those that go to trial, can take several years.
Settlements provide a quicker resolution to your case without the unpredictability of a trial. Trials involve presenting your case in court, which can lead to a larger award but also carries the risk of receiving nothing. Most South Carolina personal injury cases settle before reaching trial.
Yes, emotional distress falls under non-economic damages. If the emotional distress is severe and directly related to the accident, it can be claimed as part of your personal injury lawsuit.
If the at-fault party lacks insurance, you may seek compensation through your own uninsured motorist coverage, if available. Your attorney can also explore avenues like personal asset claims against the defendant.
