Personal Injury Claim Basics In South Carolina

In order to state a successful personal injury claim against another individual, the plaintiff must establish the following four (4) separate elements by a preponderance of the evidence:

1) The defendant owed a legal duty to the plaintiff under the circumstances presented;

2) The defendant breached that legal duty by acting or failing to act as the circumstances required;

3) The defendant’s actions were the actual cause of the plaintiff’s injuries; and,

4) The plaintiff has suffered damages as a result of the defendant’s breach. 

The duty of care varies by situation but is generally such that a reasonably prudent person in the same situation as the defendant would have acted differently given the same or similar circumstances. 

Resolution of a personal injury action is usually resolved by either a settlement or a jury trial. If the defendant is found liable for the plaintiff’s injuries, a monetary award is given to the plaintiff to restore him/her to as nearly as possible the state they were in before the accident.

Personal injury claims come in a variety of different forms and depend on the circumstances of each case and how the injury occurred. Some common types of personal injury actions stem from:

• Automobile accidents

• Motorcycle accidents

• Pedestrian accidents

• Tractor-trailer accidents

• Slip and fall accidents

• Workplace accidents 

• Animal bite accidents 

   Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer. Should you be in an accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering. 

 

  The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. Do not accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal-injury attorney. You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become.  

  Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. Do not make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal injury attorney. You should take your time and reflect on the accident so that you are not pressured into misremembering details of the accident on such short notice. Further, you may still be recovering from the accident in either the hospital or at home and on painkillers. Immediately after the accident is not time for you to handle insurance negotiations on your own. 

 

Understanding your rights is essential to protecting yourself, your family, and your property. If you have been injured by someone else’s recklessness, it is best to consult with an attorney about the specific circumstances of your injury. 

Please know that our firm works on a contingency basis in personal injury actions. This means that we will not be compensated unless we get a recovery for you. Thus, there are no up-front or out-of-pocket costs for you. After consulting with us, if we believe that your case has potential for success, and you want us to represent you, only then will we enter into an agreement that identifies the percentage of compensation and costs our firm will retain in the event of your successful settlement.

 

If you would like to speak to one of our attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125. Salley Law Firm has been representing injured people and their families for over 20 years.