Understanding personal injury law in South Carolina can help you to take legal action against someone if they cause you harm. If you win your case against whoever hurt you, you may receive a financial award to reimburse you for your damages. These might include money to pay you back for having to miss work to address the fallout from the accident and payment for property repairs.
Williams & Roche, LLC provides practical and well-researched legal recommendations to accident victims throughout South Carolina. We welcome the chance to create a case strategy that can help to maximize your chance of receiving a fair payout.
Understanding Personal Injury Law in South Carolina
Personal injury law in South Carolina allows someone to sue if a negligent person or business harms them.
Negligence is when an individual or organization should have done something, but they make a mistake that hurts someone else.
Examples of different types of personal injury claims include motor accidents, slips and falls, medical malpractice, dog bites, and dangerous drug cases.
South Carolina law only gives victims a certain amount of time to file a lawsuit with the appropriate court. Depending on what type of case they bring — e.g., dog bite, car crash, slip and fall, or wrongful death — they may have several years to sue. Other factors that can change the amount of time the person has include whether they are suing the government or an individual and if they were a minor when the incident occurred.
Motor Vehicle Accidents: Car, Truck, and Motorcycle Crashes
Car crashes can completely uproot victims’ lives, forcing them to field calls with insurance providers, at-fault drivers, mechanics, and doctors as they try to manage the legal fallout.
Victims can first seek compensation by filing an insurance claim with the provider that covered the car they were in during the crash. If they cannot reach a fair deal with the insurer, they may try to negotiate a higher settlement or file a formal lawsuit.
Slip and Fall Accidents and Premises Liability Claims
Most property owners have a duty to keep their premises in relatively good condition and free from hazards. If there are unsafe conditions on the property — like broken stairs or clutter in the hallways — the person may have to warn people about this. If someone gets hurt because they trip or slip and fall on someone else’s land, the victim may be able to sue for compensation.
Medical Malpractice: When Healthcare Providers Are Liable
South Carolina’s medical malpractice law requires doctors, nurses, pharmacists, chiropractors, and other healthcare professionals to make reasonable decisions based on the latest research when treating patients. When they do not do this, and a patient suffers harm because of it, they may be liable and have to pay damages. Examples of medical malpractice include nursing home abuse, surgical errors, dosage mistakes, failure to diagnose, and misdiagnosis.
Product Liability: Injuries Caused by Defective Products
Companies that make and sell things — like appliances, children’s toys, car parts, and medicine — need to follow safety regulations and inform people about the risks of using their products.
When they fail to do this, and people get hurt from using their goods, the victims may sue them and request a financial settlement.
Organizations that may be liable if their items hurt people include drug companies, car manufacturers, and appliance makers.
Workplace Accidents and Third-Party Claims
When someone is at work and gets in an accident, they may be able to request compensation by filing a workers’ compensation claim.
Work accident claims allow eligible employees to secure benefits — like payment for lost wages and medical bills — without having to prove that their employer is at fault. This option may be available to workers who get hurt at work and are a qualifying employee — e.g., a full-time worker who is not an independent contractor.
If a third party — like a drunk driver or negligent contractor — caused their injury, the person may be able to file a personal injury lawsuit in court. In these situations, the person would have to prove that someone else caused the accident. For example, a car crash victim must establish that another driver’s mistake caused the collision. Personal injury victims would need to file a formal lawsuit in court, gather evidence, and prepare legal arguments to use during negotiations or at trial. If they win their case, they may receive a financial award to cover their losses.
Wrongful Death: When a Fatal Accident Leads to Legal Action
If your loved one died because of someone else’s actions — like a drunk driver or a misdiagnosis — you may qualify to file a wrongful death lawsuit. South Carolina law may allow a surviving spouse, child, or parent to seek compensation for the death of a loved one. The legal representative — like an executive named in a will — of the person who died can file this claim on behalf of the surviving loved ones.
Steps To Take if You’ve Been Injured in an Accident
If you were hurt in a personal injury accident, your first step is to seek medical attention and follow your doctor’s recommendations. Next, you may need to file an insurance claim, if applicable. Additionally, you might want to begin to gather evidence, like photographs, police reports, medical records, receipts, and other materials that relate to the accident.
After this, you would negotiate a settlement with the insurance provider (if applicable) or the person or business at fault for your injuries. You may also choose to use the personal injury law to file a lawsuit and request a compensation package.
Contact a Personal Injury Lawyer at Williams & Roche, LLC for Legal Help
Leveraging the personal injury law in South Carolina can allow you to sue those who harmed you or killed your loved ones. While this cannot undo what you have had to go through, it can help ease your financial stress while you begin to regroup and heal.
If you were hurt in an accident in South Carolina, consider partnering with a personal injury attorney at Williams & Roche, LLC. Jamie Davidson has devoted his career to fighting for and advising victims and work accident claimants. Get in touch with us today by calling 803.784.0503 to schedule a no-obligation consultation.
