Everything You Need to Know About the South Carolina Personal Injury Statute of Limitations?
Personal injury laws cover a wide variety of injuries and cases. Here is everything you need to know about the South Carolina personal injury statute of limitations.
A statute of limitations is a set period of time individuals have to file a case against the liable party. It is important to file within this time to ensure your case goes to trial.
What is the South Carolina Personal Injury Statute of Limitations?
The statute of limitations in South Carolina for personal injury cases is three years. If an individual has been involved in an accident they have three years from the date of the injury to file a claim against the liable party. If the victims fail to file within the limit, the government can no longer prosecute that specific crime. There can be special exceptions to the personal injury statute of limitations such as the injury was not divorced immediately.
Is My Personal Injury Case Worth Claiming?
In South Carolina, personal injury cases are based on negligence or strict liability. For negligent liability to be met, the situation must meet the following standards:
- The existence of a duty of care between the defendant and liable party
- A breach of duty in that care
- Subsequent damages
- A causal relationship between the damages and the breach in question
Strict liability is applied after you show damages and a causal relationship. For help determining if your case fits into these standards, contact Her lawyer.
How Can I File a Personal Injury Case in South Carolina?
After experiencing a personal injury, you might be considering filing a case against the liable party. Listed below are the appropriate steps in filing a personal injury case in South Carolina:
- Establish legal standing, which means ensuring your claim is valid and you have the legal capacity to file a lawsuit.
- Decide whether to hire a lawyer. Depending on the severity of the injury, it might be best to hire a lawyer.
- Determine where and which court to file your lawsuit with
- File and serve your complaint.
- Wait for a response from the defendant.
For more personalized assistance and guidance through the process, contact Her Lawyer.
What Kinds of Compensation Can Personal Injury Cases Be Eligible For?
Personal injury cases may be eligible for both financial and non-financial damages. Some examples of damages claimable include:
- Lost wages
- Pain and suffering
- Medical bills and expenses
- Punitive damages
- Property loss
- Wrongful death
South Carolina does have a shared fault rule; this means if the person filing for damages is partially at fault for the accident, it can affect the amount they are eligible to receive from the other party. In most cases, the percentage of fault an individual has aligns with the percentage they are not eligible to receive.
If you or a loved one would like to learn more about South Carolina Personal Injury Statute of Limitations, get your free consultation with one of our Personal Injury Attorneys in South Carolina today!