When accidents happen, they happen quickly, and generally, somebody gets hurt. Whether there are injuries or property or car damage, every accident has expenses. Knowing your legal rights and how the law might aid in your loss recovery is crucial. So how do South Carolina personal injury laws protect you, and which laws do you need to understand as the victim? Additionally, what is the statute of limitations on personal injury claims in South Carolina?
Personal Injury Laws in South Carolina
Personal injury laws were created so everyone can have justice. The responsible party is held accountable, while the victim is compensated for their losses. According to the law, who is actually responsible? South Carolina is an at-fault state, so the person responsible for the incident should be held accountable.
- Burden of Proof
You are going to need evidence to support your claim. Take photos and videos of the scene. Keep records of everything, like police reports, medical records, and any bills that result from the incident. Also, remember to get witness statements and their contact details. South Carolina personal injury laws require proof of liability. This is called the burden of proof.
- Vicarious Liability
Another consideration is vicarious liability. This is when one person is responsible for the actions of a different individual. For instance, if a child is playing with a ball and accidentally breaks a window, the parents would be responsible for the child’s actions.
And, just as employers may be liable for what their employees do while at work, employers should be held liable for their workers’ errors as well. Under South Carolina personal injury laws, employer liability also applies when the employer was fully aware of a potential risk but failed to do something about it. For example, if an employee harms another person, whether intentionally or unintentionally, the employer may be responsible for any harm that the employee on the job causes during work time.
- What Is Comparative Fault?
Comparative fault determines how much responsibility each party bears and assigns each a percentage. If both parties contributed to the accident, they share the blame. The party that is deemed to bear more responsibility receives a higher percentage of the blame.
- The Modified Comparative Negligence Rule
If you are mostly responsible for an incident, you cannot claim anything in damages. If you are 51% responsible, you have no claim as per South Carolina personal injury laws. If you were partly responsible, your compensation may be partly reduced. The 50% threshold can impact your rights and abilities to recover compensation.
- Statute of Limitations
In South Carolina, the statute of limitations on personal injury claims is three years. The time starts from the date of the incident. You have sufficient time to collect evidence and file your claim. However, it also safeguards the defendant because you have a limited window to claim damages.
- Types of Damages
South Carolina personal injury laws allow you to recover both economic and non-economic damages to assist you in coping with your loss.
Economic damages
Economic damages are anything that can be measured and carries a cost. This may include medical bills, therapy, damage to your car or property, or lost wages. That means you lost money due to any or all of these factors, and you can file claims for those losses.
Non-economic damages
Things that are not tangible are harder to value. Pain, anxiety, and the death of a beloved person do not cost money, but they may have consequences in your life. The law recognizes the effects and strives, at least to some extent, to quantify the cost of the hurt that you have experienced.
- Punitive Damages
Punitive damages are a rare award. These are intended to punish the defendant for reckless or intentional wrongdoing. Under South Carolina personal injury laws, punitive damages are generally limited.
Occasionally, the courts might determine that the defendant’s actions were massively negligent, and they might deem that compensatory damages are not sufficient. In cases such as these, they can award punitive damages, which are monetary punishments. The limit is $500,000, or three times the compensatory damages, whichever is greater.
Conclusion
If you have been personally injured, you do not have to face this alone. Do not wait another day. Dial 864-777-1000 and schedule a free consultation with personal injury lawyer Thomas Spiro Conits at Spartan Law today. He is an advocate for justice and will stand by your side, fighting zealously to win your case. He will guide you through your rights and the processes required under the South Carolina personal injury laws.
From the first consultation, he will start gathering information and find every possible opportunity for you to get fair compensation. If you have been severely injured and cannot travel, Thomas Spiro Conits will come to you. Get a lawyer on the phone now and file your claim before the South Carolina statute of limitations on personal injury claims runs out.