USAttorneys was designed with you in mind and only looks to help those who are in search of legal advice and aid find it. We feature some of the best South Carolina accident lawyers in the field who are going to work to your benefit and see to it that your injuries are compensated for, no matter how serious they may be. And no matter what type of injury you may have suffered from, our legal counsel will gladly represent you.
Premise Liability in South Carolina
The South Carolina Judicial Department recognizes that when someone does fall on another person’s property, that there may be a case of premise liability and the owner of that land and/or building may be held responsible when someone gets hurt at their expense. Some examples of premise liability claims include:
- Defective conditions on the premises.
- Inadequate building security that has led to an injury.
- Inadequate maintenance of the premises.
- Someone has become affected by toxic fumes or chemicals while on another’s premises.
Now, one thing to keep in mind is that just because you fell on someone else’s property doesn’t exactly mean they were negligent and you can file an injury lawsuit against them and expect to win your case.
What Laws Should I Be Aware of?
The state of South Carolina recognizes four general classifications of persons who enter onto someone else’s property. You have:
- Adult trespassers would be considered someone who enters onto the property of another without consent given or during times when visitors aren’t permitted.
- Invitees are defined as “a person who enters onto the property of another at the express or implied invitation of the property owner”
- Licensees “is a person who is privileged to enter or remain upon land by virtue of the possessor’s consent
- Children
This is one of the most important aspects of a case and what a judge is going to look at when you elect to file a slip and fall lawsuit. You need to be aware of your class and what you would be considered, whether it is a licensee or an invitee. The determination of this can either make or break your case.
Therefore, if you have been affected by a slip and fall, we urge you to consult with an accident lawyer in SC recommended on your site.. They can assess the details of your case and help identify whether you have a viable claim or lawsuit on your hands.
Why should I hire a lawyer after an accident in South Carolina leaves me with injury and property damage?
An experienced South Carolina lawyer can fight for an accident victim’s right to compensation for injuries and property damage under the State laws that provide for payment when an injured party was not at fault, referred to as “damages. Prompt contact with legal counsel shortly after an accident allows them the opportunity to build a case by sending investigators to the accident scene; reviewing police reports, witness testimony, medical reports, and hiring appropriate financial experts to make valuations of loss before an insurance company makes a low settlement offer. Victims can become overwhelmed with the financial and physical burdens placed upon them due to the unplanned nature of an accident and a lawyer’s services may be valuable.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, that include economic loss through lost wages, medical bills, medical treatment, plus household expenses; and non-economic damages such as pain and suffering, loss of consortium, and companionship.
Punitive damages in injury cases are limited to the greater of three times the actual damages, or $500,000, and are meant to punish the individual who caused harm, or injury and loss to the victim.
What types of accidents result in legal action toward fiscal recovery?
Workers’ compensation, personal injury, premises liability, medical malpractice and car, truck, bus and motorcycle (motor vehicle) accidents in South Carolina are at the root of legal action in pursuit of economic, and non-economic damages, plus punitive damages in specific situations. When an accident occurs in South Carolina, the statute of limitations gives an accident victim three years from the date of the injury to file a lawsuit in the state’s civil court system in accordance with S.C. Code Ann. section 15-3-530. An attorney can guide individuals of any deviations from that timeline.
Motor vehicle.
The law requires that any collision resulting in at least $1,000 in total property damage, injury, or death, occurring on a public highway shall be reported to the South Carolina Department of Public Safety on the appropriate form. If these collisions occur on private property, or are reported on any form other than the TR-310, they are excluded. Traffic data in 2018 for South Carolina revealed 1,036 fatalities with 168 pedestrian fatalities and traffic collision injuries decreased from 60,566 in 2017 to 58,053. South Carolina drivers involved in fatal traffic collisions in 2018 included 68.8% men and 28.4% women and 94.4% of all contributing factors of an accident were driver-related.
South Carolina is a “modified comparative negligence” state. This means an individual can still recover damages in a lawsuit, but the award may be reduced according to each party’s share of negligence. The amount of compensation a person is entitled to will be reduced by an amount that is equal to their percentage of fault, but if an individual is found to bear more than 50 percent of the legal blame, they cannot collect anything from other accident parties.
Personal injury.
Personal injury accidents occur in any setting as a result of the action, or inaction of another, and a victim may recover compensation if fault and/or liability is proven. The recovery of damages is contingent upon proving negligence of another individual, or entity that owed a duty of care to the victim.
Premises liability.
When an individual is hurt on someone else’s property, they may take legal action when injury was caused due to poor conditions on the property, including improper maintenance, upkeep, or from interactions with occupants and pets/animals on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the property. For example, an invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. South Carolina has a $500,000 cap on non-economic damages in medical malpractice lawsuits against practitioners (the cap jumps to $1 million if malpractice caused death, or left someone in a vegetative state). The non-economic damages cap is in lawsuits against non-practitioner defendants. A number of exceptions are noted in the statute, so it is best to check with legal counsel, because each case is unique. There is a three year statute of limitations for medical malpractice claims, and up to six years to file a claim, but two years for a foreign object left in a body and a personal injury attorney can assist with timeline specifics. A Notice of Intent must be filed to alert the health care provider of the impending suit.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of a workers’ compensation attorney who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the South Carolina Division of Workers’ Compensation on a client’s behalf.
Wrongful death.
A wrongful death attorney can initiate legal action for the representatives of a person who dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:
- Medical bills, funeral, and burial expenses,
- Lost wages,
- Pain and suffering,
- Punitive damages based on the unique circumstances of the case.
Legal action after an accident.
An accident victim in South Carolina should hire competent legal counsel to objectively speak on their behalf in a courtroom, or against an insurance company’s legal team, toward a satisfactory monetary settlement.
Sources.
https://www.iihs.org/topics/fatality-statistics/detail/state-by-state
https://www.scstatehouse.gov/code/t15c079.php
https://www.scstatehouse.gov/code/t15c003.php
https://www.iihs.org/topics/fatality-statistics/detail/state-by-state
https://scdps.sc.gov/sites/default/files/Documents/ohsjp/fact%20book/Revised%202018%20South%20Carolina%20Traffic%20Collision%20Fact%20Book.pdf
