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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
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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.
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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).
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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.
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.
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If you or someone you know has suffered a
personal injury, call the Futeral Law Firm locally at
(843) 284-5500, toll free at (877) 913-5500, or email
info@charlestonlaw.net.
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Disclaimer
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.
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