Personal Injury Claims in South Carolina: What You Need To Know

Story by Gregory Rouse
December 4, 2024

Accidents can happen when you least expect them, and when they do, they often leave victims facing physical, emotional, and financial challenges. If you’ve been injured in South Carolina, knowing your rights and understanding the personal injury claim process can make a difference to the outcome of your case.

Learn about personal injury claims in South Carolina and what you need to know about seeking compensation and filing a lawsuit with the help of our experienced personal injury attorneys at Berly Rouse.

What Is a Personal Injury Claim?

A personal injury claim is a type of civil case where the injured party seeks financial compensation for damages caused by another person’s negligence or intentional actions. Unlike criminal cases, which focus on punishment, personal injury claims aim to restore the injured party financially by covering medical expenses, lost wages, and emotional distress. These cases can happen after any type of personal injury where another party caused the damages, including:

• Vehicle accidents
• Truck collisions
• Medical malpractice
• Slip and fall accidents
• Nursing home abuse
• Dangerous product injuries
• Wrongful death cases

Negligence: How It Factors Into Personal Injury Claims

Negligence is the central issue in personal injury claims. Proving another party’s carelessness or failure to act responsibly is critical to receiving compensation.

In cases like car accidents, this means showing that the driver acted negligently, such as speeding or failing to obey traffic signals. In other situations, like medical malpractice, you must prove that the healthcare provider failed to meet the standard of care expected in their profession, resulting in harm.

At Berly Rouse, our experienced attorneys understand the state’s negligence laws and know what it takes to prove your claim. We can help gather crucial evidence, such as witness statements, medical records, and accident reports, to strengthen your case and pursue the financial support you deserve after another person’s careless actions affect your life.

Determining Fault in South Carolina

Assessing fault in South Carolina can be complex because more than one party may share responsibility for an accident. An important aspect for victims to understand is that, even if the other party acted negligently, they may only be partially at fault.

South Carolina follows modified comparative negligence to determine damage awards in personal injury cases. This means that if you’re partially responsible for the accident—such as being distracted by your phone during a car crash—you can still file for compensation.

However, your settlement will be reduced based on your percentage of fault. You cannot recover damages if you’re more than 51% at fault. At Berly Rouse, we can help you gather evidence to demonstrate the other party’s fault so you receive maximum compensation.

Steps To Filing a Personal Injury Case

If you’re hurt in a personal injury case, acting quickly increases your chances of a favorable outcome. You typically have three years from the date of injury to file. Here’s a general guide for filing a personal injury claim:

• Seek medical attention. Get medical treatment immediately, even if your injuries seem minor. This creates an official record of your injuries, which will be crucial to your claim.

• Gather evidence. Collect photos of the scene, gather witness contact information, and obtain any accident or incident reports. Your attorney will help you get detailed evidence like medical records, surveillance footage, and expert testimony to build a strong case on your behalf.

• Consult with an attorney. Speak with a qualified personal injury attorney who can assess your case and explain your legal options. They will help guide you through the process and protect your rights.

• Negotiate with the insurance company. Most cases begin outside of court with an insurance claim. Your attorney can submit your claim and initial demand letter and negotiate with the insurance company to reach a fair settlement.

• Go to trial if necessary. Your case may go to court if negotiations don’t result in a fair settlement. During the trial, your attorney will present persuasive evidence to a judge or jury who will determine the outcome of your case and potential compensation award.

Damages You Can Win in a Personal Injury Claim

In South Carolina, you can seek various types of damages in a personal injury claim, depending on the specifics of your case. Common forms of compensation include:

• Medical expenses. Covers everything from emergency room visits and hospital stays to ongoing medical care, rehabilitation, and future medical costs related to the injury.

• Lost Wages. If your injuries prevent you from working, you may be able to recover damages for lost income during your recovery period. You may also be entitled to compensation for lost earning capacity if you cannot return to your previous employment.

• Pain and suffering. Injuries often come with not only physical pain but also emotional distress and mental anguish. These damages aim to compensate for the emotional toll the injury and its aftermath may have on your life.

• Property damage. Pay for damages to your property. For instance, in a motor vehicle accident, you can recover the cost of repairing or replacing your damaged vehicle.

• Loss of enjoyment of life. In some cases, injuries may affect your ability to engage in activities you once enjoyed, such as hobbies or spending time with family. You can seek a settlement that compensates you for this loss.

• Punitive damages. In cases where the other party showed egregious behavior, such as reckless or malicious conduct, you may pursue punitive damages. These are meant to punish the defendant for their actions and discourage similar actions in the future. State Statute 15-32-530 limits these to no more than three times the compensatory award or $500,000, whichever is greater.

Get Strong Legal Support With Berly Rouse

At Berly Rouse, we understand the physical, emotional, and financial strain that personal injuries can cause. Our goal is to help injured parties and their families recover damages so they can focus on healing and moving forward with their lives.

If you or a loved one has been injured, contact us today to discuss your options for filing a lawsuit and seeking compensation in a free initial consultation.

Categories: Personal Injury