Hurt in an accident caused by another party’s negligence in Greenville or elsewhere in South Carolina? It is crucial that you have an understanding of personal injury law. Unfortunately, you cannot rely on any insurance company to look out for your rights or your interests after a serious accident. At McCravy, Newlon & Clardy Law Firm P.A., we are a boutique personal injury law firm that puts victims and their families first. In this article, our Greenville personal injury attorney provides a guide to the claims process in South Carolina.
What is Personal Injury Law?
What is PI law? Also sometimes referred to as “tort law,” it is a legal practice area that governs claims brought by injured victims against parties whose negligence or wrongful conduct caused harm. These cases are fault-based and require proof that the defendant owed a duty of care, breached that duty, and caused measurable damages. Personal injury claims come in a wide range of different forms, including:
- Car accidents.
- Truck accidents.
- Pedestrian collisions.
- Motorcycle crashes.
- Slip and fall accidents.
- Negligent security cases.
- Dog bite injuries.
- Workplace accidents.
- Nursing home abuse.
- Medical malpractice.
- Wrongful death claims.
A personal injury claim is not about “punishing” the at-fault party. Instead, the primary purpose of a personal injury claim is to ensure that the injured victim is “made whole.” That means that they are compensated for the full extent of their economic losses and non-economic losses. Recoverable damages may include medical expenses, lost income, and pain and suffering.
Key Points to Know About Personal Injury Laws in South Carolina
Hurt in an accident in Greenville or elsewhere in the surrounding region? Are you considering bringing a personal injury claim? It is important to know that your case will be governed by state law. Here are some key points to know about the South Carolina personal injury laws:
- Fault Matters (Negligence is Key): Liability matters in a personal injury claim in Greenville. South Carolina personal injury claims are fault-based. An injured victim must prove that another party acted negligently and caused the injury. Negligence requires evidence of a legal duty, a breach of that duty, causation, and damages. Notably, defendants and insurance companies focus heavily on fault because liability determines whether compensation is owed at all. Without fault, there is no recovery under South Carolina personal injury law. Every serious accident should be thoroughly investigated by an experienced Greenville, SC personal injury attorney. Your lawyer will help you gather all of the evidence that you need to prove fault and establish liability.
- Modified Comparative Negligence (51 Percent Bar): South Carolina applies a modified comparative negligence rule. An injured victim may recover damages only if they are less than 51 percent at fault for the accident. Any recovery is reduced by the injured victim’s percentage of responsibility. If fault reaches 51 percent or more, the claim fails. Insurers routinely argue comparative fault to reduce an injured victim’s compensation. Every percentage point of fault matters. For example, imagine you suffered $100,000 in damages in a pedestrian crash in Greenville. If you are held 25 percent at fault for your own crash, you would be liable for 25 percent of your own damages. In other words, your recovery would drop from $100,000 down to $75,000.
- A Strict Statute of Limitations: Under South Carolina law, personal injury claims are time-sensitive. Under South Carolina Code § 15-3-530, most personal injury lawsuits must be filed within three years of the date of the injury. Missing the deadline almost always means the end of your claim. Limited exceptions exist but apply narrowly. The clock typically starts on the date of the accident, not when negotiations end. You do not want to miss your chance to get justice: Consult with a Greenville, SC personal injury lawyer right away after a serious accident. Do not fall behind the defendant or the insurance company in the personal injury claims process.
- Preponderance of Evidence or Burden of Proof: Personal injury claims in South Carolina are decided under the preponderance of the evidence standard. The “reasonable doubt” standard that is used in criminal cases does not apply to personal injury law in SC. In other words, the injured victim must show that their version of events is more likely true than not. The burden applies to liability, causation, and damages. Medical records, expert testimony, and consistent documentation often determine whether this standard is met. As with other types of legal claims, evidence is the key to bringing a successful personal injury case in South Carolina. You need to be prepared to prove both liability and damages.
How Our Greenville, SC Personal Injury Lawyer Can Help You Get Justice
Personal injury claims are complicated. Following a bad accident, it is normal to have a lot of questions about how the process works in South Carolina. At McCravy, Newlon & Clardy Law Firm P.A., we are a legal team that puts victims and families first. With a proven record of case results and positive client testimonials, our Greenville personal injury lawyers are well-versed in the law. From our office in the 29605 zip code of Greenville, our local personal injury attorneys are ready to take your case as far as it needs to go to get the best possible results. Your initial consultation with our Greenville personal injury lawyer is free and completely confidential.
Contact Our Greenville Personal Injury Attorney for a Free Case Review
At McCravy, Newlon & Clardy Law Firm P.A., our Greenville personal injury attorney is a strong, experienced, and justice-driven advocate for victims and families. If you have any questions about the personal injury claims process, we are here as a resource. Contact us right away for your free case review. With an office in Greenville (29605), we handle personal injury claims throughout the region, including in 29601, 29602, 29603, 29604, 29606, 29607, and 29608.