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South Carolina Personal Injury Laws

South Carolina Personal Injury Laws

In This Section:

South Carolina personal injury laws vary from other state's laws. Below are the most common personal injury laws in the state of South Carolina. Understanding your compensation rights and getting the help of a South Carolina attorney is your first step towards filing a successful South Carolina personal injury claim.

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South Carolina Statute of Limitations

(How long do I have to file injury claims in South Carolina?)
The South Carolina statute of limitations for filing personal injury claims is 3 years. South Carolina's medical malpractice statute of limitations is 3 years from the date of action or reasonable discovery of the injury. All medical malpractice cases, however, must be filed within 6 years from the date of the action. Product liability claims in South Carolina must be filed within 3 years. Statute of limitations for South Carolina claims are subject to change. Contact a South Carolina injury attorney for definitive statutes at the time of your accident or injury.

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Car Accident Laws in South Carolina

South Carolina = Fault State

South Carolina is a fault state. Under this system the car insurance companies will determine fault for the accident and the at-fault driver's insurance company will pay for damages. Drivers who are not given adequate compensation for their losses have the option to file a car accident lawsuit for uncompensated damages such as lost wages, medical costs and pain and suffering.

South Carolina is a Modified Comparative Fault
-- 51 Percent Bar State

South Carolina is one of 21 states which utilizes the 51% bar rule. Under this system a party cannot recover damages if they are 51% or more at fault for their injuries. Damages are also reduced by each claimant's degree of guilt.

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Are there Damage Caps in South Carolina Injury Law?

(How much compensation can I get?)
Under South Carolina's medical Liability Reform S. 83 (2005) Noneconomic damages in medical liability cases is limited to $350,000 per provider, with an overall aggregate limit of $1.05 million. Punitive damages must not exceed three times the amount of compensatory damages or $500,000 (exceptions may exist for a felony conviction in which case the cap may be four times compensatory damages or $2 million). Compensation caps are periodically updated; discuss current caps with a South Carolina personal injury lawyer.

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