Personal Injury Law in Greenville, SC

Were you hurt due to another’s negligence in Greenville? 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 Greenville, SC can help navigate the lawsuit to make sure you receive the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Greenville relates to the legal process of getting compensation for an injury due to someone else’s behavior. These cases involve the plaintiff seeking compensation for expenses and lost income as a result of reckless behavior. These cases involve both parties’ insurance companies. Additionally, they may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Greenville, 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 Greenville 

 Currently, the highest rate of hospitalization for injury occurs in people over age 85. Additionally, the South Carolina Department of Health finds that the leading cause of accidental death in Greenville is motor vehicle accidents. The leading cause of accidental injury is falls, followed by: 

• Motor vehicle accidents
• Becoming struck by objects or persons
• Piercing injuries
• Environmental injuries.

Steps in a Personal Injury Lawsuit in Greenville, SC

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

A lawsuit begins when a complaint becomes filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior harmed 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.

For civil matters in Greenville, cases involving damages over $7500 go to the Greenville County Circuit Court. Cases involving smaller damage amounts become adjudicated by one of the local Magistrate Courts.

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.

According to the Accident Data Center, motor vehicle accidents are a primary cause of injury, death, and property damage in Greenville. Settlement amounts for personal injury cases are dependent on:

• Actual damages
• Comparative fault of the parties
• The specific nature of the accident

Average settlement amounts can range from $3000 to $75000, but each case is unique.

If the other party has insurance, the insurance company likely wants to settle out of court. 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 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 to compensate you for the pain and anguish.

Punitive damages are the most rarely awarded 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 limits punitive damages to three times the economic damages or $500,000, whichever is larger. Medical malpractice pain and suffering damages go up to $350,000 per defendant. There are no additional statutory damage caps for personal injury cases.

Statute of Limitations in Greenville, 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.

Plaintiffs in South Carolina have three years from the date of injury (or discovery of the injury) to file suit. If the injured party was a minor, the three-year statute of limitations does not begin until they turn 18. The statute of limitations can also be extended if the injured party was mentally incapacitated 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 Greenville, SC Lawyer

Pursue a personal injury claim in Greenville 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!