Low Country Wrongful DeathClore Law ·
When you've been injured by someone else's carelessness, it's important to take some initial steps toward making sure your injury claim can be settled fairly and as quickly as possible. Write down everything you can remember about how the injury happened, including the names, addresses and phone numbers of potential witnesses, police officers,and insurance company representatives. Talk to a South Carolina personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives. Let anyone you think may be responsible for the injury know right away you intend to file a claim against them. Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing, damaged personal belongings, and so forth.
How is Fault Determined in South Carolina Personal Injury?
In most cases, in order to collect on a South Carolina personal injury claim, you must prove the person who caused the injury was "negligent." This means a failure to use reasonable care. You must prove:
- The person who caused your injury owed you a duty
- The other person broke or breached that duty
- You suffered damages.
The other person's failure caused your injury if you were careless, and that contributed to your injury, the amount you can recover is reduced in proportion to your share of fault, according to rules of comparative negligence under South Carolina personal injury law. The modified comparative negligence rule allows you to recover damages if your negligence is less than or equal to that of the other person or persons who contributed to your injury. If more than one other person contributed to your injury, they are jointly and severally liable. Any one individual that contributed to your injury may be liable to pay the full amount of your damages. If you've been injured using a consumer product, the seller of the product may be responsible under strict liability law. Here, you need to prove:
- The product was defective, which made it unreasonably dangerous
- You used the product correctly
- The defect caused your injury
- You suffered damages.
What Is My South Carolina Personal Injury Claim Worth?
Under South Carolina law, the person who injured you is responsible for:
- Past, current and future estimated medical expenses
- Time lost from work, including time spent going to medical appointments
- Property damage, such as damage to your vehicle
- Any permanent disfigurement or disability
- Your emotional distress, including anxiety, depression and any interference with your family relationships
- A change in your future earning ability due to the injury
- Any other costs directly resulting from your injury.
In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. An experienced South Carolina personal injury lawyer will know what type of expert witness to hire to best prove your damages.
How Long Do I Have to File a South Carolina Personal Injury Law Suit?
In South Carolina, you only have three years to file a lawsuit against the person who injured you. If your lawyer can't reach an agreement with any involved insurance companies, you will definitely want to file a lawsuit before the three-year statute of limitations runs out. Filing a personal injury lawsuit is an important decision which will leave a lasting impact on your quality of life. Contact the South Carolina personal injury lawyers at The Clore Law Group LLC to schedule a free consultation regarding your injuries.
Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, business tort, or workplace injury. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.