Personal Injury Law in Columbia, SC

Were you hurt due to another’s negligence in Columbia? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Columbia, SC can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Columbia relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Columbia, SC

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Columbia 

According to the South Carolina Department of Health, the leading cause of hospitalizations and emergency room visits in Columbia and in South Carolina are falls. Motor vehicle accidents are second, and are the leading cause of accidental death. Other common injuries that occur on accident include being struck by an object or person and environmental injuries such as animal bites.

Steps in a Personal Injury Lawsuit in Columbia, SC

Once you determine that you wish to proceed forward with a personal injury action in South Carolina

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

Civil cases in Columbia are under the jurisdiction of the Richland County District Court. Cases involving damages under $7500 are heard by a Magistrate Court, and larger cases are heard by the district’s Circuit Court.

South Carolina Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The Accident Data Center reports motor vehicle accidents as a leading cause of injury, death, and property damage in Columbia. Damage amounts from these and other South Carolina injury claims can vary widely, depending on the extent of injury/damages, and the percentages of fault between the plaintiff and defendant. Average settlements can range from $3000 to $75000.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in SC, that means you risk not receiving any compensation at all.

Damage Awards in South Carolina

If your South Carolina personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rare and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

South Carolina does not limit personal injury damages, with the following exceptions: punitive damages are limited to three times the economic damages or $500,00, whichever is larger. In addition, medical malpractice damages for pain and suffering are limited to $350,000 per defendant.

Statute of Limitations in Columbia, SC Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitation for personal injury in South Carolina is 3 years. It starts from the date of the injury or discovery of injury. The statute can see a delay, if the party suffering an injury was a minor, or was mentally ill at the time of the injury.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Columbia, SC Lawyer

Pursue a personal injury claim in Columbia against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across South Carolina state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!