Personal injury litigation is subject to different regulations in every state. To bring a case in South Carolina it is very important that you consult an experienced South Carolina personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in South Carolina can arise from negligence or intentional wrongdoing.
In South Carolina you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
South Carolina follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
South Carolina personal injury law follows a hybrid doctrine of joint and several liability when determining liability between defendants. Under South Carolina law the defendants must sort out the proportional liabilities amongst themselves.
South Carolina limits non-economic damages in medical malpractice cases to $350,000 per liable defendant and a total amount of $1.05 million. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
South Carolina does not limit the amount that can be awarded as punitive damages. Punitive damages are assessed to punish the defendant's wrongdoing.
In South Carolina you have three years to file a personal injury lawsuit under the state's statute of limitation.
If you are considering pursuing a claim in South Carolina you need the counsel of a personal injury attorney who understands the nuances of South Carolina law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.