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 is 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 a 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 the 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?
In personal injury cases, the injured party has a limited time to file a lawsuit, as determined by state law. This timeframe, known as the statute of limitations, generally starts on the date of the injury or when the injury was discovered. However, proving the exact discovery date can be more complex, as it requires demonstrating when the harm was first recognized.
In South Carolina, plaintiffs typically have three years from the injury date or its discovery to file a claim. For minors, this three-year period begins when they turn 18. Additionally, if the injured party was mentally incapacitated at the time of the injury, the statute of limitations may be extended.
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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
