As personal injury lawyers, we think you should know these facts concerning personal injury lawsuits in SC.
South Carolina Statute of Limitations:
Personal Injury: 3 years for negligent conduct
Medical Malpractice: 3 years for all general medical malpractice claims; 3 years for claims due to a foreign object and 2 years from discovery
Product Liability: 3 years
Caps on Personal Injury Awards in South Carolina:
There are no award caps in the state of South Carolina.
South Carolina Serious Injury Threshold:
There is no serious injury threshold in the state of South Carolina.
South Carolina is a Fault state and follows the modified comparative fault – 51% system. Therefore, a plaintiff can recover damages provided that they are no more than 50% at fault. Depending on the degree of fault up to 50%, the damages will be reduced by that percentage.
Personal Injuries & Theories of Liability in South Carolina:
Auto Accident Claims: If a driver operates their vehicle in a negligent fashion and in so doing injures a passenger, pedestrian or another driver, the negligent driver will be liable for the personal or property damage of the other party.
Product Liability Lawsuits: Before a product is placed on the shelf for consumption and use, it has gone through a series of tests and inspections that may have taken years to accomplish. For this reason, it is assumed that these products are free of defects or flaws that might injure the public. Therefore, when injury occurs, those in the chain of production may be held strictly liable.
Workers’ Compensation Laws: South Carolina is a compulsory workers compensation state, therefore all employers who hire employees are required to carry workers compensation insurance from which compensation would come in the event of on-the-job injury.
Medical Malpractice: This occurs when a health care provider fails to follow the expected standard of care when providing treatment which then results in injury to the patient. This also falls under the category of “medical negligence.”
Wrongful Death Cases: When the negligence of one results in the death of another, the negligent party will be liable to the estate of the decedent as a result of their death. Factors that will be considered are such things as earning capacity, age of the victim and inflation.
Slip and Fall Accidents: When you own property, you are required to keep your property in a condition free of known dangers or those that would be discovered by reasonable inspection. If a party is injured due to one of those conditions, you as the property owner will be liable under the theory of premises liability.