Personal Injury Claim Basics In South Carolina
Salley Law Firm • December 17, 2019
Personal Injury Claim Basics In South Carolina
A personal injury claim is one based on the physical harm to an individual caused by an at-fault party’s recklessness or carelessness and is thus classified as a tort. A tort is simply a civil wrong perpetrated by one individual against another and is based on the legal doctrine of negligence.
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.
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.
Types Of Personal Injury
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
Additional Matters to Consider
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.
South Carolina's motorcycle helmet rules and how they interact with injury claims are topics every rider in the Lexington area should understand before hitting the road. If you've been hurt in a crash, consulting a motorcycle accident lawyer in Lexington, SC, can help you navigate the legal issues helmet use may raise in your case. This post explains the current state law, how fault is calculated, and what insurance companies often argue after a rider is injured. What South Carolina's Helmet Law Actually Says South Carolina's Title 56 requires all motorcycle riders and passengers to wear a helmet only if they are under 21 years old. Riders 21 and older are not required by law to wear one. Riders under 21 must also wear goggles or a face shield at all times. Helmets must include a neck or chin strap and meet manufacturing standards set by the South Carolina Department of Public Safety. Not wearing a helmet when legally required can lead to misdemeanor charges, fines up to $100, and up to 30 days in jail. The legal picture changes considerably for riders 21 and over, especially when a crash leads to a personal injury claim. A motorcycle accident lawyer in Lexington, SC, can explain how these rules apply to your specific situation. Lexington County roads like US-1 and SC-6 see steady motorcycle traffic, and knowing your rights on those roads matters. Does Not Wearing a Helmet Affect a Lexington Injury Claim? Not wearing a helmet does not automatically disqualify you from recovering compensation. Even when not legally required, failing to wear a helmet can still affect injury claims, compensation negotiations, and insurance disputes after a crash. The key issue is how South Carolina handles shared fault. South Carolina uses a modified comparative negligence rule: you can recover as long as you were less than 51% at fault, with your award reduced by your share of fault. Here is how that can play out in a real case: A jury determines your total damages from the crash. The jury may assign you a percentage of fault if they believe your choices worsened your injuries. Your final award is reduced by that percentage. Insurance companies factor comparative negligence into their settlement calculations. For riders in the Lexington, SC, area, a helmet decision made before a ride can become a central issue in a claim months or years later. Working with a motorcycle accident lawyer gives you the best chance of countering these arguments effectively. How Insurance Companies Use the Helmet Argument Insurance adjusters look for ways to reduce what they pay after a crash. When an unhelmeted rider over 21 suffers a head injury, insurers argue that the rider's choice not to wear a helmet constitutes comparative fault, meaning the rider's conduct contributed to the severity of their injuries, even if it did not cause the crash itself. South Carolina has no statute squarely deciding how helmet use affects a motorcycle injury claim, so insurers may try to argue that a rider's choices added to injury severity under the comparative negligence rule. Notably, South Carolina law bars that argument for seat belts, but there is no equivalent statutory bar for motorcycle helmets. This legal gap is exactly why documentation and experienced legal help can make a significant difference in how much compensation an injured rider receives. A motorcycle accident lawyer in Lexington, SC, understands these insurer tactics and knows how to push back against them. Why Documentation Can Strengthen Your Case Strong records can counter the arguments insurers raise about helmet use and fault. Steps that may help protect your claim include seeking medical attention immediately after any crash, obtaining a full diagnosis with written records detailing the cause of each injury, preserving your helmet as physical evidence, obtaining the police report and witness statements, photographing all damage and road conditions, and keeping records of treatment costs, missed work, and other losses. Many head injuries suffered in motorcycle crashes are not helmet-preventable at typical crash speeds and angles. A qualified motorcycle accident lawyer can work with medical professionals to challenge insurer claims that your helmet choice caused or worsened your injuries. Talk to a Lexington Injury Lawyer About Your Case If you or someone close to you has been hurt in a motorcycle crash in Lexington, SC, understanding how helmet rules interact with comparative negligence law can be the difference between full and reduced compensation. The facts of your case, the nature of your injuries, and the documentation you have all shape what you may be able to recover. Salley Law Firm, P.A., serves injured riders in Lexington, SC, and surrounding areas including Cayce, West Columbia, Irmo, and throughout Lexington County. The firm has represented injured people and their families for over 25 years, with no fee without recovery in personal injury cases. Free consultations are available, along with evening and weekend appointments and home or hospital visits. Call (803) 356-5000 to discuss your case at no cost. You can also contact the firm online to request a free consultation. Find Salley Law Firm, P.A. on Google to read client reviews and get directions to the Lexington office.
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