South Carolina Personal Injury Law Overview

When people hear the words "personal injury," they may think of vehicle accidents, slips and falls and medical malpractice. But physical injury is not the only type of injury covered under personal injury law. Financial injury and emotional injury are also often the result of a personal injury case. Identity theft is an example of a financial injury case, and wrongful conviction or false arrest are examples of cases that would lead to emotional injury.

All states have what are called statutes of limitations, which is the time limit you have to file a personal injury lawsuit following the time of the injury or death. However, in many states, including South Carolina, there are rules to calculating this time limit. In medical malpractice cases, for instance, the statute of limitations may be based on the date the mistake was discovered or should have been discovered. An experienced South Carolina persona injury attorney can explain this to you at the time of your consultation.

Compensation

In South Carolina, you may be able to collection compensation for:

• Medical bills
• Future medical expenses
• Loss of wages
• Loss of earning capacity
• Permanent disability
• Permanent disfigurement
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage

Punitive damages may be awarded to the plaintiff; this is money to be paid that is meant to punish the defendant for his negligence or wrongdoing. In some cases, the plaintiff may have to prove there was malice in the actions of the defendant.

Modified Comparative Negligence

South Carolina law has what is called "modified comparative negligence," which means if you are partly to blame for your injuries, your award can be reduced by your percentage of the blame. If you were 25% responsible for your injuries, then your compensation will be reduced by 25%.

Joint and several liability

In the states that have joint and several liability, the plaintiff may collect the settlement from any one of the defendants. If there are multiple defendants that owe specified amounts, in South Carolina, one defendant may have to pay it all if the others cannot. Then that one defendant can try to collect payment from the other responsible parties.

If you live in South Carolina and feel you may have a personal injury case, please contact an experienced South Carolina personal injury lawyer today.