- October 15, 2021
- Personal Injury
Are you filing a personal injury lawsuit in South Carolina? Before proceeding forward, have a general look at personal injury statutory rules in South Carolina. This will ensure if you are eligible to file a personal injury lawsuit or not.
What Is the Time Limit for Filing a Personal Injury Lawsuit in South Carolina?
Different states set a different time limit within which a plaintiff has a right to file a personal injury lawsuit.
The period also depends on the type of lawsuit the person is filing. In a personal injury case, the statute of limitation for personal injury cases is kept at three years. You are allowed to file a lawsuit within three years of the date of injury.
If you file a personal injury case (i.e., a car accident lawsuit, medical malpractice lawsuit, motorcycle or truck accident lawsuit) after three years from the date on which the accident or injury occurred, the South Carolina state court has the right to deny your case.
What Happens If You Are Partially at Fault for the Accident?
In cases where the fault of the accident isn’t apparent, the South Carolina personal injury law uses modified comparative negligence law.
In personal injury cases, it is not always that the fault falls on one party. Sometimes the fault of the accident is partially shared by both parties.
If the defendant in a personal injury claims that he was partially at fault for the accident, the damages of both the parties are totaled separately.
The party with more damages than another is the at-fault party. However, the compensation amount is decided based on modified comparative negligence law.
According to this law, as a plaintiff, you should be less than 50% at fault for the accident or cover the damages from the other party. So, for example, if you are 51% liable for the accident and another party is 49% liable, you will lose your right to seek compensation. In fact, you will have to compensate the other party.
Moreover, as a plaintiff, if you are 20% at fault for the accident and the other party is 80% at fault, your total damages are estimated to be $10,000. This means you will be compensated with $8,000 by the other party. You lose your right to rest $2,000 compensation because you were 20% at fault for the accident.
If you are filing a personal injury lawsuit in South Carolina, you should be ready to challenge the modified comparative negligence law if you think you weren’t responsible for the accident at all. A good personal injury attorney on your side can be of great help to dodge such tactics and provide you with fair compensation.
What Is the Maximum Possible Damages Paid in Personal Injury Cases in South Carolina?
As a plaintiff, is there any limit to the amount you can recover for the damages caused? Some states limit the amount of damage recovery rewarded to the plaintiff. Also, it puts caps on the type of damages that are eligible for seeking compensation. Some states follow a no cap policy.
However, in South Carolina, for the injury cases that involve medical malpractice, the maximum possible compensation is limited to $3,50,000 per defendant. This amount is for the non-economic damages, i.e., pain and suffering. In addition, if there is more than one defendant, the maximum damages are limited to $1.05 million overall.
The South Carolina damage cap law also takes into consideration punitive damages. Punitive damages are the damages recovered that serve as a deterrent or punishment for the defendant. Plaintiff is eligible to receive punitive damages in South Carolina in certain cases only.
The damage cap for such damages is limited to three times the actual damages but not more than $5,00,000.
Dog Bite or Dog Attack Injury Cases in South Carolina
Are you a pet owner? If yes, you need to be careful while in public with your pet in South Carolina.
South Carolina does not follow the one-bite rule, according to which your pet is allowed one free bite if the pet/dog wasn’t believed to be dangerous.
In South Carolina, as a pet owner, you are fully and strictly liable for the personal injury caused by your pet to a stranger or any person if you have to provide compensation for the same.
Contact Our Greenwood Personal Injury Lawyers
So, this was all about different statutory rules in South Carolina in terms of personal injury. If you or anyone you know is dealing with personal injury and not sure of personal injury statutory rules in South Carolina, we are here to help you. Contact us today to learn more.
