South Carolina upholds personal injury laws to ensure accident victims receive compensation when another party is at fault. However, pursuing an injury case within the stipulated time can be a hassle while dealing with your injury. The defendant and insurance companies may also not cooperate, complicating your case further.
Below, we’ll show you how to navigate your personal injury case in Columbia and other cities in South Carolina. You’ll find everything you need for a successful case and appropriate compensation.
Understanding Personal Injury Law in Columbia
To build a successful case, you must know the laws at play in your case. Full knowledge of your rights and the legal processes helps you strengthen your personal injury case and navigate any complexities. Below are the top personal injury laws in South Carolina that may affect your case:
1. Comparative Negligence
South Carolina adopts a modified comparative negligence rule that affects the award of damages where multiple parties are at fault. This law stipulates that you can recover damage if you’re less than 51% at fault. Nevertheless, the damages awarded will be reduced based on your percentage at fault.
2. Types of Damages
Under South Carolina laws, accident victims can seek two types of damages: economic and non-economic damages. Economic damages cover quantifiable losses like lost wages and medical expenses. Conversely, non-economic damages cover intangible losses such as pain and suffering caused by the accident.
3. Statute of Limitations
The statute of limitations law for personal injury in this state mandates that you must file your case within three years of the date of injury. Failure to take legal action after three years of injury nullifies your right to personal injury compensation.
Gathering Evidence and Documentation
The first step after getting medical attention is to gather, preserve, and document evidence of the accident. The strength of your case depends on the strength of your evidence.
Defendants and insurance companies always have little to no liability, and evidence of liability is often their only checkmate. Your evidence usually influences their offer, even if you’re seeking a personal injury settlement. This is because they can weigh the strength of your lawsuit based on the evidence you have. However, you may wonder what type of evidence you need for your case. The following pieces of evidence can strengthen your personal injury case:
- Police reports
- Witness statements
- Medical records
- Pictures of the accident scene and injuries
Collect and preserve these pieces of evidence as soon as possible. If you’re limited due to injury, get a legal representative to do it.
Seeking Legal Representation
The legal process for a personal injury case is simple in South Carolina, but it can easily get complicated. That is why it is important to get a Columbia personal injury lawyer on your case as soon as possible.
These professionals will provide the best guidance for a successful case. They’ll leverage their wealth of experience and network to ensure a smooth case for a satisfactory settlement. With an injury lawyer on your case, you only need to worry about physical and emotional recovery, not financial losses.
7 Common Injury Cases in Columbia
Most people assume that personal injury cases are limited to car accidents. In reality, personal injury cases can arise from many situations. Here are seven common ones in Columbia handled under South Carolina laws:
- Car accidents
- Workplace injuries
- Dog bites
- Medical malpractice
- Slip and fall accidents
- Premises liability cases
- Defective products
Endnote
While nothing can cover the pain of accident injuries, South Carolina laws help victims by imposing compensation on faulty parties. The laws are clear on liability and allow for economic and non-economic damages. If you file your injury claim timely and appropriately, especially through a competent lawyer, you can rest assured of a successful case and satisfying compensation.
