To recover the costs of your injury, you must be able to offer proof that the person who injured you was negligent. This means that the person did not show reasonable care and this was the direct cause of the injury and its damages.
The state of South Carolina allows you to recover your costs as long as you are no more than 50 per cent responsible for the injury. However, the amount you may receive will depend on the level of fault you carry.
If a group of people is responsible for the injury, the law allows them to be liable both as a group and as individuals. You may collect from any responsible member of the group, as each person is held to have an equal share of the fault.
|South Carolina Personal Injury Laws|
Statute of Limitations
|Damages Recoverable||Future earning ability, lost wages, medical expenses, property damage, pain and suffering, cost of household help|
|Strict Liability||Product manufacturer may be liable for injuries caused by a consumer product|
|Joint Liability||Any defendant that is found to be at fault is joint and severally liable for all damages|
|Contributory Negligence||Plaintiff may recover a proportion of damages as long as percentage of fault is equal to or less than that of defendants.|
If you were injured while making use of a consumer product, South Carolina allows you to recover your costs from the company as long as a few requirements are met. The law demands that you were using the product as it was intended to be used, and that the product had a defect that directly caused your injury. You must also have incurred damages.
You can collect money to cover any medical costs incurred through the injury, whether they were incurred in the past, the present, or are expected to arise later. You can receive compensation for both time missed at work, whether it was missed due to therapy, medical appointments, or recovery. If you suffered mental or emotional distress due to the injury, you are entitled to compensation.
If property was damaged, it is covered by personal injury law. If your potential for earning a living decreased due to the injury, you are allowed to recover the cost. You can recover the cost of paying others to take over any jobs you are unable to accomplish. Permanent disability or disfigurement is also cause for compensation.
You have three years from the injury during which you may file a personal injury claim with the state of South Carolina. Before this time ends, you should either have an agreement worked out with your insurance company or have a lawsuit filed.
Do not throw away any evidence that you have concerning the injury. Helpful evidence includes clothing worn at the time the injury occurred, photos of the injury, and damaged personal property.
For information about your specific case, contact a South Carolina personal injury lawyer.