South Carolina Personal Injury Laws 2025 Explained

If you were injured in an accident and are unsure of your rights, you’re not alone. Every year, South Carolinians face mounting medical bills, lost wages, and the emotional toll of recovery because of someone else’s negligence. The good news is that South Carolina’s personal injury laws are designed to protect you. Understanding these laws could be the difference between struggling with expenses and getting the compensation you deserve.

Let’s take a closer look at these laws, what you should know if you’re injured, and how you can pursue justice and compensation for your injuries.

Understanding Personal Injury Claims in South Carolina

When you’re injured due to someone else’s negligence, South Carolina law allows you to pursue compensation for your losses. Personal injury claims cover everything from car accidents to slip-and-falls, medical malpractice, and more. In these cases, it’s not about blaming someone; it’s about holding those responsible for your injury accountable for the harm they’ve caused.

The basis for most personal injury cases is negligence. This means that one party failed to act reasonably or responsibly, and as a result, another person was injured. Take a car accident, for example; if another driver runs a red light and causes a collision, they could be considered negligent because they didn’t follow traffic laws, which caused harm to another person.

In these situations, you can pursue compensation for medical bills, lost wages, pain and suffering, and more.

The Importance of Timing: Statute of Limitations

In South Carolina, there’s a time limit for filing a personal injury claim, known as the statute of limitations. If you don’t file your claim within the allotted time, you might lose the chance to receive any compensation, whether you have a valid case or not.

For most personal injury cases, the statute of limitations is three years from the date of the accident or injury. For certain cases, like medical malpractice cases, the statute of limitations can be different, so it’s important to speak to an attorney who can help clarify your specific situation.

How South Carolina Handles Fault: Comparative Negligence

One thing that sets South Carolina apart from some other states is its use of comparative negligence when determining who’s at fault in an accident and how much compensation you can receive.

Suppose you’re involved in a car accident, and it’s determined that you were 20% at fault. South Carolina allows you to recover damages even if you were partly responsible, but the amount you recover is reduced by your percentage of fault. So, if your awarded damages are $10,000, you could receive $8,000 instead.

If you’re found to be more than 50% at fault, you won’t be able to recover any compensation. This is important to consider as your case progresses, especially when dealing with insurance companies and legal claims.

The Role of Insurance in Personal Injury Claims

After an accident, one of the first things that comes up is insurance. South Carolina is an at-fault state when it comes to car accidents. This means if you’re injured in an accident, the responsible driver or their insurance company typically pays for your damages. If their insurance isn’t enough to cover all your expenses, you may need to look into your own policy or other legal options to make up the difference.

Not all personal injury cases are related to car accidents. In medical malpractice or slip-and-fall cases, insurance policies still play a role, but they might be different, and navigating them can be trickier. Whether it’s a workplace injury, a defective product, or a medical error, having the right insurance coverage is key to ensuring your expenses are paid.

Should You Settle or Go to Trial?

One of the biggest questions in a personal injury case is whether you should settle or go to trial. Settlements are common and happen when both parties agree on a compensation amount that avoids the need and stress of a trial. A settlement can save time, money, and energy; however, settlements may not always offer full compensation, especially if the insurance company or defendant tries to downplay the severity of your injuries.

If settlement negotiations fail, you might have to go to trial. A judge or jury decides who’s at fault and how much compensation you are entitled to. While trials can sometimes result in larger awards, they can also be lengthy, expensive, and unpredictable. It’s essential to weigh the pros and cons of each option, and an attorney can help you determine the most favorable path forward.

Why You Should Consult With an Experienced Attorney

Personal injury claims can be complex, and having the right legal guidance is crucial. With the statute of limitations ticking away, it’s essential to act sooner rather than later. An experienced personal injury attorney can help you gather evidence, deal with insurance companies, and fight for the compensation you deserve. They understand the local laws, know how to navigate the legal system, and can advise you on the most favorable options for a successful claim.

FAQs

What Steps Should I Take Immediately After an Accident in South Carolina?

The first step after an accident is always to ensure your safety and seek medical attention if needed. Call the police to report the accident, collect witness statements, and take photos of the scene. Avoid admitting fault or making any statements that could hurt your case, and call the Law Office of Charles T. Brooks III. Our attorney can review your case and determine your next steps.

How Long Does It Take to Settle a Personal Injury Case in South Carolina?

The timeline of a personal injury case can vary depending on the complexity of the case, but it typically takes anywhere from a few months to a couple of years to reach a settlement. Simple cases could settle quickly, while more complex cases could require litigation and take longer. The Law Office of Charles T. Brooks III can better estimate your timeline after fully reviewing your case.

Can I Claim Compensation for Emotional Distress in My Injury Case?

Yes, you can claim compensation for emotional distress as part of your non-economic damages. This can include feelings of anxiety, depression, or trauma caused by the injury, especially if it has long-lasting effects on your mental health. Medical records are essential when proving grounds for pain and suffering, so statements from mental health professionals can help bolster your case.

Can I File a Personal Injury Claim in South Carolina if the At-Fault Party Doesn’t Have Insurance?

Yes, you can still pursue compensation if the at-fault party doesn’t have insurance. In the case of a car accident, you can file a claim through your own uninsured motorist (UM) coverage or directly against the other party. For other types of injuries, you may only have the option to file a claim directly against the at-fault party, though collecting compensation can be more challenging without insurance involved.

The lawyer at the Law Office of Charles T. Brooks III can better advise you after fully reviewing your case.

Contact the Law Office of Charles T. Brooks III

If you’ve been injured in South Carolina, navigating the legal landscape can be overwhelming, but with the right guidance, you can better understand your rights and the claims process. Contact the Law Office of Charles T. Brooks III today to schedule a consultation and let us guide you through this process to secure the compensation you deserve.