Nobody wants to deal with the stress and frustration of a personal injury lawsuit. But it would be best if you talked to a personal injury lawyer about your options when you have been injured in an accident in South Carolina. They can help you better understand your situation and how the local laws will impact your chances of success. Then you can move forward to ensure you get the compensation you need.
South Carolina Shared Fault Rules
One thing you need to be aware of is that there are shared fault rules in South Carolina. This means that in some instances, you may not be able to get the total amount of compensation you were expecting. In particular, if you are suing a party for your accident and they prove that you were at least partially at fault, that can impact how much of a settlement you can get from them. Your injury lawyer should be able to help you navigate this situation and ensure that you end up with fair compensation.
Strict Liability for Dog Bites
In some states, the first time a dog bites, it is protected from liability if the dog owner had no reason to believe that their dog might be dangerous. However, in South Carolina, strict dog bite laws include owner liability, even on the first bite. This means that you are liable for the damages if your dog bites someone on public property or when they are lawfully on your property. If someone else’s dog injures you, you can benefit from these strict liability laws, and your injury attorney will ensure that you are taken care of.
Caps on Injury Damages in South Carolina
It is usual for there to be a cap on the amount of damages you can seek after an injury. In South Carolina, medical malpractice cases paid for pain and suffering are capped at $350,000 per dependent and up to $1,050,000 in total. Meanwhile, punitive damages in all personal injury cases in South Carolina are limited to half a million dollars. Understanding these caps gives you a better idea of the total amount you might expect in your settlement.
South Carolina Statute of Limitations
There is also a specific time frame during which you can seek to sue a party after a personal injury. In South Carolina, you must file your case three years after the injury occurred. Make sure you reach out to lawsuit lawyers early in the process to avoid a disappointing result because of the statute of limitations. A personal injury law firm can help you ensure you do not go beyond the statute of limitations.
Establishing Negligence in South Carolina
To be able to sue someone after an injury, you generally need to be able to establish negligence. In South Carolina, accident injury lawyers must prove negligence by proving that the defendant had a duty of care, breached the care and that that breach resulted in the injury. If your personal injury law firm can prove negligence, you are in an excellent position to receive the settlement you seek.
When you are injured in South Carolina, you deserve to be compensated for the pain and suffering you endure. Getting the help of a personal injury attorney can be the perfect way to ensure you get what you need. And, with a more robust understanding of local laws, you can have clear expectations about your case’s results.
If you would like to learn more about personal injury law in South Carolina, or if you believe that you have a case, then please visit our website for more information.