In South Carolina, personal injury law encompasses a wide range of legal matters aimed at protecting individuals who have been harmed due to the negligence or intentional actions of others. At J.R. Battle Law Firm, we understand the complexities of personal injury cases and are dedicated to advocating for the rights of our clients throughout the legal process.
We handle personal injury cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you.
For a personal injury claim to succeed, negligence must be proven. Negligence means that the at-fault party had a legal duty to act reasonably and they breached that duty through reckless behavior. Consequently, their reckless behavior directly caused your injury and you suffered measurable damages as a result. Wrongful conduct could happen during a car accident, on someone else’s property, or on the water with a boat. In many circumstances, if an at-fault party failed to act with reasonable care and you were injured, you may have a personal injury claim.
To assess negligence, South Carolina uses a modified comparative negligence rule when determining compensation. This means even if you were partially responsible for an accident, you can still seek damages, as long as you are not more than 50% at fault. Your compensation is reduced by your percentage of fault. For example, if you were 20% at fault and your total damages equal $100,000, your recovery would be reduced by 20%, allowing you to collect $80,000. If you are found to be 51% or more at fault, you are barred from recovering anything. The 51% rule applies to all personal injury claims, not just car accidents. For example, if it’s a slip and fall injury, an insurance adjuster or attorney could claim a wet floor sign was present but you walked through anyway, in an attempt to increase your share of fault. Determining fault in a personal injury claim can be complicated, which is why having an experienced attorney in your corner matters.
In South Carolina, you have three years from the date of your injury to file a personal injury lawsuit. While this seems like enough time, acting quickly is important to preserve evidence. Evidence disappears, witnesses become harder to locate, and surveillance footage gets overwritten. If you were injured in any accident, reach out to a personal injury attorney as soon as you can to ensure a strong case.
Filing a claim with your insurance company is not the same as filing a lawsuit and an insurance claim does not affect the statute of limitations for a personal injury lawsuit.
The one area where the normal South Carolina statute of limitations is different is when it involves a government entity like a poorly maintained public road, a hazardous condition in a public building, or a car accident with a government-owned vehicle. Under the South Carolina Tort Claims Act, you are required to file a notice of claim within two years. Missing the deadline can cost you your right to recover entirely. So, it’s critical to speak to a personal injury attorney as soon as you can if you think your injury involves a government entity.
A personal injury claim can include all medical expenses related to an accident like emergency care, hospitalization, surgery, physical therapy, prescription medication, and any future treatment your injuries require.
If you temporarily or permanently cannot work due to injuries from your accident, you may be entitled to compensation for both current lost income and future earnings.
South Carolina law allows you to pursue pain and suffering compensation which includes physical pain, emotional distress, and the impact your injuries have had on your overall quality of life.
If you lost a family member due to someone else’s negligence, you may be entitled to pursue damages for funeral costs, lost financial support, and loss of companionship and care.
South Carolina roads can be challenging, and car accidents are unfortunately common. We represent individuals injured in car accidents, including those involving negligence, hit and runs, distracted driving, drunk driving, and more.
Collisions involving commercial trucks can result in severe injuries due to their size and weight. We have experience handling truck accident cases and fighting for fair compensation for our clients.
Motorcyclists are vulnerable on the road, and accidents can lead to devastating injuries. Our firm is committed to protecting the rights of motorcyclists and helping them recover damages after an accident.
Property owners have a responsibility to maintain safe premises. If you’ve been injured in a slip and fall accident due to hazardous conditions, we can help you pursue a premises liability claim. We represent clients with injuries ranging from neck injuries, back injuries, and more.
Losing a loved one due to someone else’s negligence is devastating. Our firm provides compassionate legal support to families pursuing wrongful death claims, seeking justice and financial security in their time of need.
If you’ve been injured due to someone else’s negligence, don’t hesitate to seek legal representation. Contact the J.R. Battle Law Firm for a confidential consultation to discuss your case and explore your legal options.