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Understanding Personal Injury Laws of South Carolina

It is important to know the South Carolina personal injury laws if you have been injured or involved in an accident. Understanding your legal rights can help you to navigate a personal injuries claim and receive the compensation that you deserve.

Key Personal Injury laws in South Carolina

1. Statute of Limitations

The statute of limitation is a deadline that must be met to file a lawsuit for personal injury. If you miss this deadline, your claim may be dismissed.

General Rule: Three Year Period to File

According to S.C. Most personal injury claims are filed under Code SS 15-3-30(5) (2024) within three years of:

  • Date of injury
  • Date you discovered the injury (or should have).

This rule applies in cases such as:

  • Car accidents
  • Premises Liability (Dangerous Property Conditions)
  • Product Liability (defective Products)
  • Medical malpractice
  • Animal attacks and dog bites
  • Assault and Battery

Special Rules and Exceptions

  • South Carolina Law: Medical Malpractice Cases. South Carolina law has a statute of limitations of three years, but also adds a statute of repose of six years that limits claims when the injury is later discovered (S.C. Code SS 15-3-540(A) (2024).
  • Minors Different deadlines are applicable if the injured person is younger than 18 years.
  • Foreign Objects In Medical Cases If a foreign item is left inside a patient, there are special rules that apply.

2. Comparative Negligence Rule

South Carolina has a modified comparative fault rule (S.C. Code SS15-38-15-2024), which impacts compensation in cases of multiple parties sharing fault.

  • You can still recover damages if you are less that 51% at fault. However, your compensation will be decreased by the percentage of your fault.
  • You cannot claim damages if you are at least 51% at fault.

Example:

If you are injured in a slip and fall accident, and you are found 10 % at fault and your damages total $50 000 you will receive 45 000 (90 % of the total damages).

3. Recoverable Damages Types

Victims of personal injury can claim two types compensation:

Economic Damages

  • Medical costs
  • Lost Wages
  • Property Damage
  • Rehabilitation costs

Non Economic Damages

In most cases, unlike some states, South Carolina doesn’t cap economic and noneconomic damage. medical negligence cases do have annual damage caps.

Punitive Damages Cap

The maximum amount of punitive damages awarded to punish egregious conduct is three times the actual damages, or $500,000. Code SS 15-32-2530(A)-2024).

4. Wrongful death Claims

If a loved one is killed due to negligence by another party, the family can file a lawsuit for wrongful death. The suit will seek damages in:

  • Funeral costs
  • Lost income
  • Loss of companionship

5. Types of personal injury cases

Car Accidents

In South Carolina, car accidents are the leading cause of injury. Fatalities have increased 12,4% between 2020 and 2021.

Slip-and-Fall Accidents

Falling objects will account for 35.5% in 2020 of all injuries that require emergency room visits in South Carolina.

Dog Bites

S.C. South Carolina’s Code SS47-3-110(A), 2024, imposes strict liability on dog bites. The owner is responsible for a dog attack unless it was provoked or the victim was trespassing.

Workplace Injury

In South Carolina, there will be 55.400 nonfatal injuries and illnesses at work in 2020.

Medical Malpractice

In medical negligence cases, it is necessary to prove that the actions of a healthcare provider caused injury. Legal representation is essential in these cases, which involve medical and legal concepts that are complex.

Defective Products

If defective products cause injury, manufacturers can be held responsible.

Cases of Premises Liability

Unsafe conditions on a property can cause injuries that are the responsibility of the owner.

6. Evidence and Personal Injury Cases

It is important to collect and preserve evidence in order to build a solid case. Evidence types include:

  • Medical Records : documentation of injuries and treatments
  • Police Reports Official Accounts of Accidents
  • Testimonies of Witnesses
  • Photographic evidence: Images from the accident scene or injuries

Insufficient evidence can have a significant impact on your case. Early legal advice ensures that all evidence is properly collected and documented.

7. How to file a personal injury lawsuit in South Carolina

  • Circuit Court: This court handles most personal injury claims.
  • Magistrate’s Court: For claims under $7500. This is a more informal, quicker process.

Consult an experienced attorney if you are unsure of the legal process. This will increase your chances of winning.

Get the Legal Help You Need Understanding personal injury laws in South Carolina can help you protect your rights and pursue fair compensation. If you have been injured due to someone else’s negligence, consulting with an experienced attorney ensures that you receive the best legal representation possible.

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FAQ

⏱️ How soon should I see a doctor after a car accident?

Ideally, you should be evaluated by a doctor within 72 hours of your accident. Quickly seeing a doctor  not only increases your chances of a full recovery but also creates a clear medical record that supports your injury case if you are pursing  a personal injury claim. 

Yes, it’s important to see a doctor after a car accident, even if you don’t feel hurt right away. Many injuries, such as whiplash, concussions, or internal damage, may not cause immediate pain or symptoms but can get worse over time. A medical evaluation helps detect hidden injuries early, ensures you get proper treatment.

Our accident doctors treat a wide range of injuries, including:

  • Whiplash and neck pain
  • Back injuries and herniated discs
  • Soft tissue damage
  • Headaches, dizziness, and concussions
  • Numbness or tingling in limbs
  • Shoulder and joint pain
  • Fractures and sprains

 

We also coordinate with specialists such as orthopedists, neurologists, and imaging centers when necessary.

please bring:

  • Your auto insurance claim number (if available)
  • Police/accident report
    Valid ID
  • Any attorney contact information (if applicable)


Don’t worry if you don’t have everything, we can still help get the process started.

Your first visit includes:

  • A detailed medical evaluation
  • Review of accident history and symptoms
  • Diagnostic testing (as needed)
  • A personalized treatment plan tailored to your injuries

 

We begin treatment the same day whenever possible.

Treatment duration depends on the type and severity of your injuries. Some patients recover in a few weeks, while others require several months. We regularly evaluate your progress and adjust your treatment plan as needed to help you recover as quickly and safely as possible

Absolutely, we can refer you to a trusted personal injury lawyer who works on contingency and can help you with your claim. Initial consultations are always free. Also, if you want a second legal opinion about your injury case, we can provide that as well.

About Accident Doctor

Accident-Doctor-LogoConnecting  Accident Victims with Trusted Injury Doctors Since 2012

Since 2012, AccidentDoctor.org has helped personal injury victims and their attorneys find qualified physicians who specialize in treating accident-related injuries.

Our extensive network includes experienced medical professionals who provide care for patients injured in car accidents, motorcycle crashes, 18-wheeler and truck collisions, public transportation, ride share accidents (Uber,  Lyft)..

No Out-of-Pocket Costs

All doctors listed accept Personal Injury Protection (PIP), no-fault insurance, Med Pay, and attorney liens. You can get the treatment you need without worrying about upfront payment.

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