Personal Injury Lawyer Charleston & North Charleston, SC

Quick Answer: If someone else’s carelessness injured you in North Charleston, you can generally recover medical bills, lost income and pain and suffering from the responsible party and its insurer. Because North Charleston lies in Charleston, Berkeley and Dorchester Counties, the location of the injury can affect which court hears the case and which agency investigates it. Most claims must be filed within three years, claims against government entities generally within two years, and you can recover as long as you were not more at fault than the other side.

On this page:

• Which county’s court will hear a North Charleston injury case?
• What injuries do we see most in North Charleston?
• Is a property owner responsible for a crime on its property?
• What if a government vehicle or public road caused your injury?
• What evidence matters most in a North Charleston injury claim?
• How do medical bills get paid while your claim is pending?
• How is pain and suffering valued?
• When should you settle a personal injury claim?
• How long do you have to file a personal injury claim?
• What do you have to prove?
• What if a dog bit you in Charleston?
• What about boating and water accidents?
• How long does a personal injury case take?

Which County’s Court Will Hear a North Charleston Injury Case?

It depends on where the injury happened and where the defendant is located. North Charleston is one of the few South Carolina cities that sits in three counties, and each county has its own Court of Common Pleas. The following table summarizes where civil cases from each part of the North Charleston area are generally heard:

In practice, many lawsuits can be filed in more than one county, for example where the defendant lives or where a business has its principal place of business. Choosing the proper venue is a strategic decision we make with you before filing.

What Injuries Do We See Most in North Charleston?

Most of the personal injury cases our North Charleston lawyers handle begin on the road, including crashes on I-26, I-526, Rivers Avenue, Dorchester Road and Ashley Phosphate Road, which we explain on our North Charleston auto accident lawyer page. Beyond traffic crashes, we commonly represent people hurt in:

• Pedestrian and bicycle crashes along wide, fast corridors such as Rivers Avenue;
• Falls at retail centers, grocery stores and restaurants, often caused by spills, damaged flooring or poor lighting;
• Assaults at apartment complexes, hotels and parking lots where security was inadequate;
• Dog bites in neighborhoods and apartment communities; and
• Collisions involving delivery trucks, tractor-trailers and public buses.

When the injury happened at work, the claim usually runs through workers’ compensation, explained on our North Charleston workplace injury lawyer page.

Is a Property Owner Responsible for a Crime on Its Property in South Carolina?

Sometimes. Generally, a business or landlord is not responsible for every crime committed on its property. However, the South Carolina Supreme Court held in Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011), that a business may owe a duty to take reasonable security measures when a criminal act was foreseeable, and courts weigh how foreseeable the danger was against the burden of the security measures.

In other words, prior similar incidents, police calls to the property, broken gates or lighting, and ignored complaints from tenants can all matter. These “negligent security” cases require early investigation, since incident logs and video are often discarded.

What If a Government Vehicle or Public Road Caused Your Injury?

Different rules apply. Claims against the City of North Charleston, Charleston, Berkeley or Dorchester County, the South Carolina Department of Transportation, a public transit authority or another public entity are governed by the South Carolina Tort Claims Act, S.C. Code Section 15-78-10 et seq. That law generally requires suit within two years under Section 15-78-110, limits the damages that can be recovered, and provides certain immunities.

For example, a crash with a city vehicle, an injury on a public bus, or a dangerous road condition that the responsible agency failed to repair may all fall under the Tort Claims Act. Because of the shorter deadline, it is important to identify a public defendant early.

What Evidence Matters Most in a North Charleston Injury Claim?

The most valuable evidence is often the evidence that disappears first. Specifically, we look for:

• The incident report from the North Charleston Police Department, the sheriff’s office for the county involved or the South Carolina Highway Patrol;
• Video from businesses, apartment complexes, traffic cameras and dash cameras, which is often overwritten within days or weeks;
• Names and phone numbers of witnesses, which are frequently missing from the report;
• Photographs of the scene, the hazard and your injuries; and
• Your medical records, beginning with the first visit after the injury.

Notably, a gap between the injury and your first medical visit is one of the first things an insurer will point to, so get evaluated promptly.

How Do Medical Bills Get Paid While Your Claim Is Pending?

The at-fault party’s insurer usually pays only when the claim is resolved, so in the meantime, bills are typically paid by your own health insurance, Medicare or Medicaid, or medical payments (“MedPay”) coverage on an auto policy. Some providers will also wait for payment until the case resolves.

However, those payers often have a right to be reimbursed from the recovery. Part of our work is confirming those amounts and negotiating reductions where the law allows, so that more of the settlement goes to you.

How Is Pain and Suffering Valued in a South Carolina Injury Case?

There is no formula in South Carolina law. A jury considers the physical pain, emotional distress, loss of enjoyment of life and any permanent limitations the injury causes, based on the evidence. In practice, the factors that most affect value are the severity and duration of the injury, whether it required surgery, whether there is a permanent impairment, and how clearly the medical records document the effect on your daily life.

For that reason, we encourage clients to follow their treatment plans and to tell their doctors about every limitation, since those records become the evidence.

When Should You Settle a Personal Injury Claim?

Generally, not until your doctors can say what your long-term condition will be, often called maximum medical improvement. Once you sign a release, the claim is over, even if you later need surgery. At the same time, the deadline to file suit continues to run, so when treatment takes a long time, we may file suit to protect the claim while treatment continues.

Under South Carolina’s modified comparative negligence rule from Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), any settlement or verdict also accounts for fault. For example, a pedestrian found 30 percent at fault for crossing outside a crosswalk would recover 70 percent of his or her damages.

How Long Do You Have to File a Personal Injury Claim in South Carolina?

Generally three years from the date of the injury, under S.C. Code Section 15-3-530. However, several important exceptions apply. The following table summarizes the deadlines that come up most often:

In other words, the type of defendant can change the deadline. A fall on a broken city sidewalk, a crash with a public bus or a claim involving a state-run hospital may all fall under the Tort Claims Act’s shorter time limit.

What Do You Have to Prove in a South Carolina Personal Injury Case?

In most cases, you must show four things: the other party owed you a duty of reasonable care, it breached that duty, the breach caused your injury, and you suffered damages as a result. For example, a driver has a duty to keep a proper lookout, and a store has a duty to address hazards it knows about or should have discovered.

Notably, South Carolina follows modified comparative negligence under Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). You can recover as long as your share of fault is not greater than the defendant’s, and your recovery is reduced by your percentage of fault.

What If a Dog Bit You in Charleston?

South Carolina makes dog owners strictly liable for most bites. Under S.C. Code Section 47-3-110, if a dog bites or otherwise attacks a person who is in a public place or lawfully on private property, the owner or person caring for the dog is liable for the damages, even if the dog had never bitten anyone before. The main exception is provocation.

Often, the owner’s homeowner’s or renter’s insurance policy covers dog bite claims. Seek medical care right away, report the bite to animal control, and get the owner’s name and insurance information if you can.

What About Boating and Water Accidents Around Charleston?

With Charleston Harbor, the Ashley, Cooper, Wando and Stono Rivers and the Intracoastal Waterway all close by, boating injuries are a regular part of our practice. Boat operators owe passengers and others on the water a duty of reasonable care, and operating a boat under the influence is a crime under S.C. Code Section 50-21-112. Claims can also involve rental companies, tour operators and marinas.

As a side note, accidents on navigable waters may be governed in part by federal maritime law, which can change the deadlines and rules that apply. That is one more reason to talk with a lawyer early.

How Long Does a Personal Injury Case Take in Charleston?

Many claims resolve without a lawsuit within several months after treatment ends. Generally, we do not recommend settling until your doctors can tell us what your long-term condition will be, because you cannot reopen a claim after it settles.

If a lawsuit is necessary, it is typically filed in the Charleston County Court of Common Pleas at 100 Broad Street, a few blocks from our office. Civil cases there generally go through discovery and mediation before trial, and a contested case can take a year or more. Throughout, we keep you informed about what is happening and why. Clients who live north of the Neck can also reach us through our North Charleston personal injury lawyer page.

Do you help clients outside Charleston and North Charleston?

Yes. Injuries do not stop at the city line, and many of our clients live or were hurt outside North Charleston. We have dedicated pages for clients who need a personal injury lawyer in Summerville, personal injury lawyer in Goose Creek, personal injury lawyer in Ladson, personal injury lawyer in Hanahan, personal injury lawyer in Ravenel, personal injury lawyer in Hollywood and personal injury lawyer in Walterboro. Each page covers the local courts, roads and issues that matter in that community.

If you were injured in North Charleston, SC, our North Charleston personal injury lawyers at Clekis Law Firm can explain your options. Call 843-900-0000 or contact us to schedule a free consultation. Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week, and we also meet clients by appointment at our Charleston office on Church Street.

Attorney responsible for this page: Nicholas J. Clekis, Clekis Law Firm, 2850 Ashley Phosphate Road, North Charleston, SC 29418.