Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

Published on: 23 May 2022 Last Updated on: 18 February 2025

Medical negligence, car accidents, defective products, dog bites, slip and fall injuries…

The list of personal injury accidents can go on and on. The thing that should be noted is that all the above-mentioned accidents can result in grievous injuries. While some of them might not be fatal, it is true that a lot of individuals lose their lives every year in personal injury cases.

If you are looking to file a personal injury lawsuit in the state of South Carolina, you should be aware of the facts. This is because the rules and regulations governing the administration of personal injury lawsuits differ from state to state.

If you are not aware of the specifics of filing one in South Carolina, you might not get the desired solution in the form of settlement claims or compensation you are looking for. This is going to cause an unnecessary financial burden on top of the turmoil you are going through.

In this resource article, we are going to list seven important things you should know when filing a personal injury lawsuit in the state of South Carolina. If you or someone you know is looking to file a personal injury claim, you should check out what we have to say in the article.

Filing a Personal Injury Lawsuit: Is it absolutely necessary?

The first thing that you should note is that there is a difference between a personal injury claim and a lawsuit. If you have been injured because of the irresponsible actions of someone else, you need not file a lawsuit right at the beginning.

This is because, in most instances, the insurance company of the person responsible for the accident and the consequent injury will help you with the compensation amount required.

Yet, it has been found that in a majority of cases, insurance companies have been found to strongarm victims into accepting lower amounts of compensation than they are rightly entitled to. The reason is simple- every time an insurance company pays, it compromises its profits.

You should be looking to file a personal injury lawsuit if-

You find that the insurance company is purposely delaying the disbursal process for the compensation.
The person responsible for the accident is hesitant to share their insurance details with you.
The extent of damages is far beyond what the insurance company can pay as part of its coverage.

In such instances, you need to hire a personal injury attorney South Carolina and take the case to court to help you get what you deserve in terms of the losses suffered.

7 Things you should know when Filing a Personal Injury Lawsuit in South Carolina:

1. Hiring a Personal Injury Attorney-

Studies have shown that individuals that lawyer up when filing a personal injury lawsuit are able to recover far more than people who go at it alone. This is why the first thing you should do when you want to move the case from a claim to a lawsuit is to hire an experienced personal injury attorney for your case. This will allow you to focus on getting better physically.

2. South Carolina has a Statute of Limitations-

The period of filing a personal injury lawsuit in the State of South Carolina is fixed. The term period for the same is 3 years from the date of the accident. You need to file a personal injury lawsuit within the three-year period, or it will not be entertained by the courts thereafter. Make sure that you are not delaying it indefinitely since it sends the wrong message to the court.

3. Never sign anything given to you by the Insurance Company of the accused-

You have no idea about the extent insurance companies can go to save their skin. They do not want to pay up. This makes them resort to unfair means like asking you to sign complicated paperwork that might compromise the integrity of the personal injury case. It is best that you refer all official documents sent to you by the insurance company to your attorney.

4. A Personal Injury Lawsuit can be won even before the start of the court proceedings-

Yes, there are two main ways how you can win a personal injury lawsuit. When you file a case, the lawyer and insurance company of the accused will try to get the case settled before it goes to trial if they believe it will help them minimize the settlement amount. On the other hand, a case can go to the Jury for their decision, and whatever the court orders will have to be paid.

5. The point of a Personal Injury Lawsuit is to Fix Fault or Negligence-

There is only one way to get the settlement compensation you want- fix negligence. You need to prove that the accident and the subsequent injuries were squarely the faults of the accused. In other words, it was their negligence that resulted in you receiving injuries and spending time in the hospital. This is what will help you get the maximum traction for your lawsuit.

6. Gathering evidence and building a solid personal injury lawsuit is a top priority-

In most personal injury lawsuits, it all boils down to the nature of the evidence that is being presented in support of your claims. This is where an experienced personal injury attorney and their team of investigators can prove to be an invaluable asset for your lawsuit. They will be able to gather evidence whose examination will be able to establish the guilt and negligence of the accused.

7. Personal injury lawsuits can drag on for months and be very time-consuming–

Yes, it is true that some personal injury lawsuits are settled within a month, whereas others can run for one or even two years. There is a certain sense of the complexity involved when it comes to personal injury lawsuits. You need to be prepared for the long haul if you want to see this through. Make sure that you pay attention to the fees for your personal injury attorney.

The Final Word

When it comes to personal injury lawsuits and the claim amount, it is not only about helping you pay the medical bills. If the injury is serious, you need to ensure that the compensation that is being offered makes up for lost wages, takes care of the medical care you need during the recovery stage, and more.

If you have any more questions regarding personal injury lawsuits in the State of South Carolina, please let us know in the comments section below.

Read Also:

Arnab

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

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www.binance.com

Your article helped me a lot, is there any more related content? Thanks!

Reply 2024-03-11 05:15:04

What to Do When You’re Involved in a Car Accident in Albany

You can be driving across an intersection and then another vehicle suddenly comes out of nowhere on the left side and smashes into the driver's side of your car. Accidents like these do happen. Each year, millions of car accidents occur in the United States and Albany is no exception. It’s best that you know the steps you need to take when you get into a car accident. Here are some tips on what to do when you’re involved in a car accident in Albany. Different Ways To Handle A Car Accident In Albany 1. Action plan: First things first, here is a rundown of the actions you need to take immediately after a car accident: Step 1: Check if you have injuries. Step 2: Check if your passengers are fine or have injuries that need to be addressed. Step 3: Get to a safe place (park your car on the side or get out of your car if it is severely damaged). Step 4: Call for help and call 911 immediately. Step 5: Wait patiently for medics and the police to come and assist you. Step 6: Exchange information with the other driver involved in the accident. Step 7: Document the accident by taking pictures, finding out exactly what happened, and getting witness statements. Step 8: Inform your insurance company about the accident for you to be able to claim your insurance policy. This will all be discussed in the next paragraphs in detail. 2. Address all safety concerns: The car accident would surely come as a shock to you, but you have to stay alert. Your vehicle could be damaged, and the passengers including yourself could be injured. Immediately check yourself and the other people who are with you in the car. If someone is hurt, call for help and call 911 immediately. Afterward, turn on your emergency hazard lights and place your reflective device at the back of your car so other cars on the road are warned that there was an accident. 3. Report your accident: After you have addressed all injuries and safety concerns, you must report your accident. You might not know, but under the New York law, you are required to report the accident and submit proof of insurance of all parties involved in the accident. Furthermore, if there was damage, injury, or death in the accident, you’re required to file a form with the New York DMV. Here are also some information that you have to take note of regarding the other party: Name Address Mobile number Insurance company Driver’s license number License plate Car make Car model and year Car color Additionally, after you have addressed all safety concerns and gotten information regarding the car accident, try to take as many photographs of the scene as this may come in handy later on for the police report. In more serious cases, you might need a lawyer present to assist you on legal documents and representation when you file a police report. Call your family lawyer immediately if you need to. If you don’t have a lawyer yet, you can check out a law firm site online for legal assistance. 4. Contact your insurance company: Once you have reported your accident and addressed all injuries, it’s now time to contact your insurance company. It’s essential to know what your insurance policy covers. Gather all requirements asked by the company and claim the coverage to help you save money on the repair of the damages on your car. 6. File a personal injury lawsuit: If the car accident resulted in a serious injury, you might want to look into filing a civil lawsuit. Your insurance may only cover partial car damage repairs and medical expenses. In New York, you have around three years from your accident to file a lawsuit to cover the damages from the accident. You may wish to consult with a New York personal injury attorney as New York laws on injury and accidents are quite complex. You can check out Albany Courthouse pages and find more information about filing lawsuits. Hopefully, you’ll never get into a car accident, but if you do, these are some tips that will prepare you for such an event. Simply apply the tips listed above, and you’ll be able to easily recover from a car accident. Read Also: 7 Reasons Why Teenagers Pay Extra For Car Insurance The Aftermath Of Hit And Run Accident Claims: How Much Compensation Can You Expect?

Do I Need A Redundancy Solicitor? Then What Is That?

Before we get to know why it might be necessary to hire a redundancy solicitor, it is much more important to know who is a redundancy solicitor and why you might need one. When I say Redundancy, it is among the limited numbers that have the potential for fair reasons while dismissed from work. This happens when the employer is required to decrease the workforce and also close the business premises. So now, if you get dismissed from work for a reason of redundancy, then you are entitled to a few statutory rights, including a redundancy payment. Now that you know what is a redundancy solicitor, let’s get into why you might need a solicitor and for what purpose. Why Would I Need A Solicitor When Being Made Redundant? There are certain situations when you might need a redundancy solicitor, so let’s get to know these situations. You might suspect that you are not in a redundancy situation. You might suspect that your selection is unfair. You might suspect that the procedure that your employer followed is incorrect. It is possible that a settlement agreement has been offered to you. You might have been as to become a volunteer for redundancy. You might not be sure whether you are getting the full redundancy package. These are a few instances where the need for redundancy solicitors might be of great assistance. Related: How A Solicitor Can Help You To Set Up A Business What Are The Circumstances Of A Genuine Redundancy? A redundancy is to be considered if the following are maintained: Suppose the whole business is closing temporarily or maybe permanently. It is possible that a particular workplace you are working in is either closing or maybe moving to another location. Suppose the job you have ceased to exist or has diminished, or maybe you are expecting your job to cease to exist or diminish in the future. This will happen if your employer is considering certain restructuring in the workplace. The redundancy is not to be considered to be genuine if the following happens: Suppose your employer is replacing you with someone else, maybe with someone with someone who is willing to work for less amount. It is possible that the business is about to transfer its ownership, and maybe the new owner is going to employ you on totally different employment terms. It is more likely that the latter will become a Transfer of Undertaking (TUPE) situation. Before you apply for this, it is better to get legal advice, or you might be in trouble since it is a grey area. An Employer That Has Not Followed A Fair Procedure In an ideal world, the employer’s redundancy process should have a set employment contract or handbook in place. Now what your employer should do is look for redundancies that can be avoided quite easily. Certain ways you can avoid redundancies are: Your employer can ask you to volunteer for a redundancy or even opt for an early retirement. The employer can also choose to lay off the employees who are self-employed. The employer can choose to ban or reduce any overtime. Your employer can offer you to get alternative work. Now if your employer still wants to proceed toward redundancy, then they should really identify the certain employees who are to be made redundant. But the selection should be made in a fair way. While selecting the employees, there are a few characteristics that should not be considered as the selecting factors, they are such as gender, ethnicity, or any such discriminating factor. The selection criteria that are to be considered fair and impartial are: Aptitude Skills Qualifications Performance Record/Discipline Attendance Now depending on these selection factors, the employer has to consult with these candidates; if they don’t, then the redundancy will be considered to be unfair as well. At least one meeting with the employer is important to discuss every aspect of this situation. Well, suppose your employer has selected over 20 candidates for redundancy, in that case, a special rule is applied that the candidates need to follow through. You should also be given a proper notice period to prepare yourself. The notice period should be like this: 1 week notice if you have been working in the organization for between one month and about two years. 1 week's notice for each of the years the employee has worked in the company ranging between 2 to twelve years. Lastly, 12 weeks of total notice period; if the employer has been working in the company for over 12 years. Which Is Better, Being Offered A Redundancy Package Or A Settlement? Well, now, suppose you have been working in a company or organization for over two years; then, you are entitled to a statutory redundancy payment as well. For this, the specific calculation goes something like this. About 5 week’s payment is given to employees who have worked a full year after their 41st birthday. About a week’s worth of payment is given to employees who have worked a full year after their 22nd birthday. About half a week’s worth of payment is given to employees who have worked a full year till their 22nd birthday. The total length of your service is capped at 20 years. Then your weekly payment is averaged over what you earn per week over a 12-week period till your redundancy notice. Read Also: Breaking Down The Complexities Of Surrogacy And Assisted Conception Laws In The UK Preparing For Your Initial Consultation With An Immigration Lawyer Choosing The Right Conveyancing Solicitors For You

Know What To Do When You Get In An Accident

Accidents are inevitable. They just happen, no matter how cautious you are, the other drivers will not do the same. You need to keep in mind that even if you do not drive a vehicle, you can be a part of an accident. What you can do, however, is to know your rights in an accident. You need to know the dos and don’ts and what should be expected of you and the consequences of your actions. The best place to know all about your legal rights is through a legal firm Bellevue car accident attorney is one of the best in the market for such situations. Apart from a law firm, here are a few legal rights you should be aware of when you get into an accident. Know What To Do When You Get In An Accident: 1. Call The Police: Most authorities necessitate that you make a report of car accidents including injuries or property harm. In any occasion, you will probably need the accident to be reported to help later with the insurance-related procedure. If you were not to blame for the mishap, getting a police report can help validate your case and may likewise give valuable evidence down the line. 2. Make Sure Everyone is Ok: Check if any of the people involved in the accident are alright or need medical attention. Notice the accident scene to see if any hazards could bring on additional damage, for example, spilling gas or electric sparkles. Call for help promptly if there are any wounds. 3. Talk To The Other Driver: Get the other driver’s name, address, driver's license number and license plate number. Likewise, record a description of the vehicle and request to see their insurance card with the goal that you can use this information later. Try not to talk about the reason for the mishap or apologize as these statements can be utilized against you. 4. Take Pictures: Take photos of the area of the accident. Make sure that you take pictures of the following: - The area of the accident and position of the vehicles - The damage to your vehicle and the damage to the other vehicle involved in the accident - Evidence of debris on the roadway - Injuries if any and other things you think might be important. 5. Look For The Witnesses: Assess the scene and decide whether there are any observers. Request the observer's contact info and ask them to remain at the scene to state what happened. Check for any surveillance cameras close by that may have caught the accident, for example, a traffic camera or a camera from a close-by business. 6. Be Polite: Even though it can be easier said than done, be polite. You should not lose your temper and say things that can be used against you in court. You should never under any circumstances ever threaten the other party. 7. Legal Actions: Last but not least, you should always get a lawyer on your side to handle everything – from insurance to damage claims, from court case to talking to the witnesses and looking for pieces of evidence, they will take care of it all. Make sure that you do not lie to the legal authorities or everything in your favor will backfire and you might end up in jail instead of roaming around freely. Read Also: Personal Injury Attorneys Denver Tips and Tricks to Hire the Best Lawyer for Your Case

Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

Filing a Personal Injury Lawsuit: Is it absolutely necessary?

7 Things you should know when Filing a Personal Injury Lawsuit in South Carolina:

1. Hiring a Personal Injury Attorney-

2. South Carolina has a Statute of Limitations-

3. Never sign anything given to you by the Insurance Company of the accused-

4. A Personal Injury Lawsuit can be won even before the start of the court proceedings-

5. The point of a Personal Injury Lawsuit is to Fix Fault or Negligence-

6. Gathering evidence and building a solid personal injury lawsuit is a top priority-

7. Personal injury lawsuits can drag on for months and be very time-consuming–

The Final Word

What Are The Effective Ways To Communicate With A Personal Injury Lawyer

Pros & Cons Of Hiring A Worker’s Compensation Lawyer

Arnab

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

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What to Do When You’re Involved in a Car Accident in Albany

Do I Need A Redundancy Solicitor? Then What Is That?

Know What To Do When You Get In An Accident

Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

Filing a Personal Injury Lawsuit: Is it absolutely necessary?

7 Things you should know when Filing a Personal Injury Lawsuit in South Carolina:

1. Hiring a Personal Injury Attorney-

2. South Carolina has a Statute of Limitations-

3. Never sign anything given to you by the Insurance Company of the accused-

4. A Personal Injury Lawsuit can be won even before the start of the court proceedings-

5. The point of a Personal Injury Lawsuit is to Fix Fault or Negligence-

6. Gathering evidence and building a solid personal injury lawsuit is a top priority-

7. Personal injury lawsuits can drag on for months and be very time-consuming–

The Final Word

Share this Article

What Are The Effective Ways To Communicate With A Personal Injury Lawyer

Pros & Cons Of Hiring A Worker’s Compensation Lawyer

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

Leave a Reply

All Comments

Popular

Follow Us

Recent

Related