Futeral Law Firm, LLC - Lawyers Serving South Carolina's Lowcountry

personal injury law in south carolina

What is Personal Injury Law?

Personal injury refers to the area of South Carolina law that protects victims who have been physically harmed by another person or entity. Personal injury is also known as tort law. A personal injury claim can be filed for physical and mental injuries and can sometimes include damage to personal property. In certain situations, such as in medical negligence or wrongful death cases, a person may bring a personal injury lawsuit on behalf of a spouse, child, or loved one.

Liability and Damages

There are two basic elements in every personal injury case: liability and damages. The first element requires a showing that the person or entity being charged (the defendant) does in fact bear legal responsibility for the injury. Damages refers to the extent or amount of injury or loss that was caused by the defendant's negligent actions.

Grounds for Personal Injury Claims

Negligence - Typically, in these cases, the defendant is accused of failing to use "due care."  Examples of failing to use "due care" would be causing an accident by failing to stop for a red light. Another example would be allowing a person to slip and fall in a store by not properly following safety regulations such as regularly checking and cleaning the store isles. 

Strict Liability - Under strict liability, a company whose defective product is responsible for an injury may be responsible for those injuries regardless of whether the company used "due care" (provided that the product was being used as was intended).

Intentional Wrongs - Intentional wrongs, such as assault and battery, can sometimes be brought as civil, personal injury claims in addition to and separate from any criminal charges the defendant may be facing.

Types of Personal Injury Cases

The following list includes some examples of the types of cases that may be considered personal injury claims.

  • Slip and fall injury
  • Nursing home negligence
  • Automobile accident
  • Defective product injury
  • Exposure to toxic material
  • Medical malpractice
  • Wrongful death
  • Drug injury
  • Job injury (workers compensation)
  • Dog bite case

Statute of Limitations

Every legal claim, including a claim for personal injury, has a deadline by which the lawsuit must be brought or else the right to sue is lost. Different types of cases have different statutes of limitation. For example, in South Carolina, the statute of limitations for fraud is two years. The statute of limitations for a personal injury case is three years. However, if the personal injury was caused by a governmental entity, then the statute is typically two years (subject to some other factors).

Usually, the statute of limitations begins to run at the time the injury occurs. However, if a person suffers a hidden injury (such as an instrument left in a patient's body that is discovered long after a surgery or exposure to a chemical or toxin that causes injuries to surface years after the exposure) , then the time begins to run from when the injured person knew, or by the exercise of reasonable diligence should have known, that he or she was injured. This is called the "discovery rule."

In certain cases, the statute of limitations does not begin to run at the time the injury occurs even though the injury is apparent. This means that the statute is "tolled" for a period of time. For example, if a child is injured, the time does not begin to run until the child turns 18 years old. Also, the statute of limitations may be tolled in cases regarding mentally impaired victims or for persons who leave the state for certain reasons such as military service.

Because calculating the statute of limitations for a particular case can be complex, it is important that you contact an attorney immediately after suffering any injury so that the appropriate statute of limitations can be determined.

If you or a loved one has suffered a personal injury, please contact the Futeral Law Firm locally at (843) 284-5500, toll free at (877) 913-5500, or send email to info@mtpleasantlawyers.com.

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Disclaimer
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The contents of this web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The attorneys of the Futeral Law Firm are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.