Posted by Becca
The South Carolina personal injury laws use state code and previous court ruling to guide how each new personal injury case is handled. People who find themselves involved in a personal injury case can look at the laws to help them understand what to expect and what they need to do to help the case go as quickly and as smoothly as possible.
If you are injured due to the carelessness of another person, you have up to three years to file a personal injury case according to the South Carolina personal injury laws. There are some things you’ll want to do before this time however. As soon as you can after the incident, you’ll want to get the names and contact information of everyone involved (including witnesses) and you’ll also want to record your account of what happened including as many details as you can.
If you are deciding whether or not to file a personal injury claim, it might help to know what would be expected of you. If your injury was caused by the carelessness of another person, you’ll need to prove that the person was negligent. You’ll also need to show that this negligence is what caused the injury. You can show negligence by demonstrating that the person did not use reasonable care to ensure your safety. If your injury was caused by a defective product, you’ll need to prove that it was defective, that the defect caused your injury and that you used the product in the manner it was intended to be used. In either situation you will need to link your injury to the damages you are requesting.
If you are found to be responsible for a certain percentage of fault in the incident, a section of South Carolina personal injury law called modified comparative negligence comes into play. This means that if your percentage of fault is less than that of the defendant(s) then your recoverable wages are reduced in proportion to your fault. If you are responsible for greater fault than the defendant(s) then you will not be able to recover any damages.
The South Carolina personal injury laws also use what is called joint and several liability. This means that in cases that have more than one defendant, any one defendant can be held liable to you for the entire amount awarded.
The personal injury laws in South Carolina allow you to request damages to cover lost wages, medical bills, replacement or repair of damaged property, pain and suffering and any other expenses directly related to your injury.
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