When you have a personal injury claim in South Carolina, your attorney will know all of the statutes in that state that affect your claim. And with those statutes in mind, there are two basic laws when it comes to personal injury claims in South Carolina. Those two laws are about the statute of limitations and comparative negligence. The statute of limitations in the state governs the time period that you have in order to file a claim. And in South Carolina, the statute of limitations is 3 years. If you don’t file your personal injury claim within 3 years, you will lose the right to get compensation for your injury. Simply put, the court will refuse to listen to your case.
And even after you file your claim in South Carolina, you are not guaranteed an award for damages due to your injuries. In the state of South Carolina there is the law of modified comparative negligence. This means that if you contributed in any way to the accident, your award will be reduced for the percentage of your participation. For example, if you are found to be 30% responsible for the incident, your compensation will only be 70% of the damages.And if you are found to be 51% responsible for the accident, you won’t be entitled to any compensation. That’s why it is critical that you have a personal injury attorney in South Carolina. An attorney will know all about the personal injury law in the state and be able to argue against any accusations that you contributed to the accident. After all, you need compensation for your damages.Without the assistance of an attorney, it is very difficult in South Carolina to be fairly compensated for your damages due to a personal injury claim.
In the state of South Carolina, you must be able to prove that another individual or agency caused the accident which resulted in your injuries. If it cannot be proven that the other person or agency was negligent, reckless or willful in their actions, you cannot get compensation for your injuries in the state. Sometimes, negligence is not straightforward or clear. For example, I manufacturer 10 alleged that you misused the product. Or if it was a car accident, the other driver can allege that you’re the one who swerved into their lane. Expert witnesses or fact witnesses may be needed to prove negligence. A personal injury attorney can provide you with what you need to support your claim. Negligence against the other party must be clearly established in order to prove liability.
Personal injury law in the state of South Carolina is complex. If you want to file a personal injury claim in the state of South Carolina, it is always in your best interest to hire a personal injury attorney. Hiring an attorney to represent you increases your chances of the best outcome for your personal injury claim.
If you haven’t incurred a personal injury due to the negligence of another party, contact an attorney in South Carolina today. This legal professional is without a doubt your best ally.