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A serious injury can disrupt your entire life. Through a personal injury claim in South Carolina, you have the right to hold the at-fault party legally responsible for your accident. Compensation may be recovered for medical bills, lost wages, pain and suffering, and other damages.
However, defendants and insurance companies can make the claims process difficult on people. It is crucial to understand the law. Within this article, you will find an overview of the personal injury claim process in South Carolina.
Immediate Steps After an Accident
Hurt in an accident in South Carolina? It is imperative that you take swift action to protect your health, well-being, and your legal rights. Here are four steps to take immediately after an accident:
- Seek Professional Medical Care: All physical injuries should be evaluated by a doctor. Not only is this crucial to protect your health, you need medical records for your claim.
- Report the Incident: Accidents should be reported. A car crash should be reported to the police. A slip and fall should be reported to the property owner. Be proactive.
- Document Your Accident/Injuries: As South Carolina is a fault-based personal injury state, it is crucial that you document your accident. Take pictures, get witness names, etc.
- Speak to a Lawyer Before an Insurer: Insurance companies are not on your side. Before you provide a statement to an insurance adjuster, speak to a top-tier attorney.
A Personal Injury Claim Does Not Always Require a Trial (or Even a Lawsuit)
It is important to emphasize that a personal injury claim does not always require a trial or even the filing of a lawsuit. In Fact, many cases are resolved through negotiations and, eventually, a settlement. Our South Carolina personal injury lawyer can help you navigate the claims process.
Understanding the Standard of Liability
How do you hold another party liable for an accident in South Carolina? You must establish that they bear fault. Most claims are based on negligence. Broadly defined, negligence occurs when a party—driver, truck company, property owner, etc—fails to exercise a reasonable standard of care and, as a consequence, causes harm to another party.
A Three-Year Statute of Limitations for Personal Injury Claims in South Carolina
You have a limited amount of time to file your claim. Under South Carolina law (S.C. Code § 15-3-530(5)), personal injury claims are generally subject to a three-year statute of limitations. Do not wait to get started with your case. Consult with a lawyer right away after an accident.
Recovering Compensation for Injured Victims
Through a personal injury claim in South Carolina, injured victims can seek to be made “whole.” Compensation may be sought for out-of-pocket costs and intangible damages. You may seek financial compensation for:
- Property damage;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Loss of wages;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Get Help From a Top-Tier Personal Injury Attorney in South Carolina
Attorney Trey Harrell has been voted the best in personal injury law. If you or your loved one was hurt in a bad accident, we are ready to fight to protect your rights. Give us a phone call now or connect with us online for a free case review. With legal offices in Charleston, Greenville, and Summerville, our firm fights for injured victims all across South Carolina. Remember Trey Helps!