South Carolina State Laws Regarding Personal Injury Claims

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If you or someone close to you has been injured due to someone else’s negligence in South Carolina, you likely have a right to compensation. However, before you proceed with filing a personal injury claim, it helps to have an idea of the legal system in SC and which factors are going to impact your claim.
Keep in mind that this information does not replace the advice of an experienced and qualified South Carolina personal injury attorney regarding the specifics of your case. Also keep in mind that the laws may change. In any event, if you think you may have a personal injury claim, you should learn as much as you can and seek a free consultation with David R. Price, Jr. P.A.

Important Steps and Advice for Victims of Personal Injuries

The first thing that you should do when you’ve experienced any kind of injury is to address that injury. Depending on the severity of your injury, this might involve an ambulance, an emergency room visit, or simply making an appointment with your doctor as soon as possible.
The next thing you should do is to contact a South Carolina personal injury attorney. This will make all of the following steps much simpler and less confusing. It will also ensure that your rights are protected throughout the process. Furthermore, it will give you peace of mind to know that you’re on the right path and taking the right steps as you focus on recovering from your injury and managing the stresses that come along with it.
Throughout the process, you should be collecting and maintaining records and other evidence. You can take photos of the scene of the incident, your injuries, and any property damage. You can gather the contact information from witnesses and obtain the contact and insurance information of the liable party. You should also keep receipts for expenses related to the injury, hold onto medical bills and reports, and get evidence of any time that you take off work due to your injury. You can also keep a journal record of your symptoms and experience.
The next step is going to be to file a claim with the insurance company of the liable party. However, you should not give their insurance company a statement until you’ve spoken with your attorney. You may have to speak with the police, depending on the circumstances, but you do not have to provide a statement to the insurance claims adjuster. You also should not sign any release of liability or accept any settlement without legal advice.

South Carolina Personal Injury Statutes of Limitations

Every state sets statutes of limitations (or deadlines) on filing personal injury claims, though they are not the same in every state. If your personal injury occurred in South Carolina, then it is the SC personal injury statutes of limitations that you need to be aware of.
The statute of limitations on your personal injury claim begins on the day that you are injured and extends to a given deadline, based on what sort of personal injury claim you’re pursuing. Having said that, there are some exceptions for those who were not aware of their injuries right away. The Discovery Rule allows you to start the statute of limitations timeline on the date that you discovered the injury or the date by which you reasonably should have. Following are the different statutes of limitations for different types of South Carolina personal injury claims:

  • Negligence Claims – including auto accidents, slip and fall injuries, etc. – Three Years
  • Assault/Battery Claims – Three Years
  • Defamation Claims – Two Years
  • Strict Liability Claims – Three Years
  • Product Liability Claims – Three Years
  • Wrongful Death Claims – Three Years

Types of Damages Awarded in SC Personal Injury Claims

There are different types of damages that you seek in a South Carolina personal injury claim. These include reimbursement for medical expenses, reimbursement for lost wages, and reimbursement for property damage. They also include compensation for loss of consortium (or loss of spouse), compensation for pain and suffering, and compensation for reputation damage. Further, you can seek punitive damages, in certain circumstances, where the liable party has acted with maliciousness or egregious negligence. Punitive damages are designed to punish the defendant, rather than reimburse a loss, and they are only awarded in qualifying circumstances.

Learn More About Your South Carolina Personal Injury Claim

The best thing that you can do for yourself after a personal injury accident is to contact a determined SC personal injury attorney at David R. Price, Jr. P.A. for a free consultation. This is how you will get the most valuable and pertinent information for your personal injury claim and get started on the right path to recovering the compensation that you deserve from whomever is responsible for your injuries.


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