Personal Injury Claims in South Carolina
Personal injury law is an arena in which people who have been injured because of another person’s negligence can recover compensation for their damages. The types of accidents that may be the focus of a personal injury case include car accidents, motorcycle accidents, truck accidents, and premises liability/slip and fall accidents. Personal injury law also covers incidents that result in catastrophic injuries or wrongful death.
Personal Injury Statute of Limitations
Although the definition of personal injury is generally the same in every state, each state has their own laws concerning the terms of personal injury cases. One area in which state laws tend to differ is in the statute of limitations for personal injury claims. In South Carolina, personal injury claims must be filed within 3 years of the date of an accident. There is an exception to this rule if an injury victim is under the age of 18 or is not considered legally sane at the time of an accident. If this is the case, the plaintiff is granted a one-year period that they can file a claim once they are considered eligible to do so. Plaintiffs are also granted an exception to the South Carolina statute of limitations if a defendant is absent, in which case the three-year statute of limitations would begin once the defendant is present.
What Is “Negligence”?
“Negligence” is a legal term that describes actions in which
a person breaches their duty of due care to others. By failing to acknowledge
danger or acting in a way that is known to be potentially hazardous, a
person can cause injury to someone else.
Examples of negligence may include texting while driving or failing to maintain a property. In these actions, the person or company who is responsible is most likely aware that their negligence could cause injury to someone else, yet they act carelessly anyway. As a result, they can be held responsible for any damages that their negligence causes.
The Personal Injury Claim Process
The way that a personal injury claim proceeds will depend on the details of your case. You may be able to file a claim with an insurance company. Or, your claim may be a legal process such as a lawsuit.
For example, in cases of car accidents, you will likely be able to file a claim with the other driver’s insurance company. However, you will still need to negotiate with them to receive the compensation you deserve. Our legal team can assist you with negotiations and ensure your rights are protected while you work with the insurance company.
In other cases, such as in cases of premises liability, there will likely not be an insurance company that you can file a claim with. Instead, you will need to file a claim directly against the person or group that is responsible for your injuries.
Contact Us to Discuss the Details of Your Case
The legal team of Woron and Dhillon, LLC can help you understand your rights as an injury victim and ensure those rights are protected if you file a claim. We will hold liable parties accountable and ensure you are fairly compensated for the damages you have suffered.
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