|
|
Last Modified on Dec 15, 2025
If you have endured a personal injury in South Carolina, it can be easy to worry about your future, finances, and career. Luckily, in the state of South Carolina, you have the right to take legal action against another person who is responsible for your suffering. Understanding the state’s unique personal injury laws and what is considered personal injury in South Carolina is crucial when filing a claim.
At the Deas Law Firm, our founding attorney uses his decades of legal experience to guide clients through complex personal injury claims in South Carolina. Garryl L. Deas can help you better understand your rights and how to pursue legal action if you were harmed by negligence.
Defining Personal Injury in South Carolina
In South Carolina, a personal injury is a legal term used to define the harm an individual sustains due to the negligence or recklessness of another person, group, or business. Personal injuries can be physical or emotional. They can also be temporary or permanent, depending on the circumstances of the injury. During a personal injury claim in South Carolina, negligence, strict liability, or intentional wrongs must be proven in order for a victim to recover damages.
When filing a personal injury claim, you are able to cite damages, both economic and non-economic. Economic damages include loss of income and medical bills because of an injury, and non-economic damages include pain and suffering and loss of enjoyment of life due to an injury.
Common Causes of Personal Injuries in South Carolina
There are many ways that a personal injury can occur in South Carolina. Common causes seen throughout the state include:
These accidents can then result in personal injuries, including, but not limited to, the following:
- Broken bones or fractures
- Sprains
- Head trauma or traumatic brain injuries (TBIs)
- Burns
- PTSD
- Cuts/bruises/lacerations
Filing a Personal Injury Claim in South Carolina
South Carolina’s Department of Health reported 467,731 injury-related emergency room visits, 28,629 injury-related hospitalizations, and 6,173 injury deaths in 2023. Because personal injuries can occur at any time, in any place, and come with lasting consequences, it’s crucial that you understand your rights before you take legal action and pursue justice.
In South Carolina, you can file a personal injury claim up to three years after your injury has taken place. If your claim is successful, you can receive damages for economic and non-economic losses as long as you are able to prove negligence. Damages in personal injury claims can include:
- Compensation for past, present, and future medical bills
- Coverage of lost wages
- Compensation for pain and suffering and emotional anguish
- Compensation for any property damage that occurred
Personal injury claims in South Carolina are commonly settled outside of court, but if you feel the settlement is not satisfactory or if insurers will not compromise, your case can go to trial. If your personal injury claim moves to the litigation phase, it’s crucial that you hire an experienced attorney who can advocate for your rights and fight to maximize the compensation you are owed.
Proving Negligence in Your South Carolina Personal Injury Claim
South Carolina follows a modified comparative negligence law. This means that if you are found 50% or less at fault for an injury, you are able to recover damages for it. However, any percentage of fault that is assigned to you will be deducted from the amount of damages you are eligible for. Additionally, if you are 51% or more at fault, then you cannot recover damages.
There are four elements of negligence that must be proven in a South Carolina personal injury case. These elements are:
- A duty was owed to someone.
- That owed duty was breached, whether by negligence, recklessness, or inaction.
- The breach of owed duty directly caused the accident and your injuries.
- You sustained damages as a result of that accident and your injuries.
FAQs
How Long Do I Have to File My Personal Injury Claim in South Carolina?
South Carolina allows victims of personal injury accidents to file valid claims within three years of their incident or injury occurring. This statute of limitations is set to ensure that all injury claims are brought to court with fresh, trustworthy evidence, as memories are known to fade over time. In order to receive damages, you must be able to prove negligence in court and be no more than 50% at fault for your injury.
When Should You Hire a South Carolina Personal Injury Lawyer?
Because personal injury laws in South Carolina are complex, it’s important that you hire a qualified personal injury attorney as soon as you believe you have grounds for legal action. An experienced personal injury lawyer has the knowledge needed to help you build a powerful claim and prove that negligence occurred. They can also ensure that insurance companies don’t take advantage of you or give you low settlements by negotiating on your behalf.
What Qualifies as a Personal Injury in South Carolina?
Any kind of injury that another person or party causes through recklessness or negligence can qualify as a personal injury in South Carolina. If the injury has affected you physically, financially, or emotionally, you have the right to file a claim and request damages for your injury. Even mild injuries may qualify for personal injury claims. You should consult an experienced South Carolina personal injury attorney to assess whether you have grounds for a valid claim.
How Much Do South Carolina Personal Injury Attorneys Cost?
Most personal injury attorneys in South Carolina use the same fees, which are known as contingency fees. These give personal injury victims the chance to take legal action without going into debt. Typically, a lawyer using a contingency fee will only take money from their client if they help them successfully win their personal injury claim. To better understand contingency fees and whether your lawyer uses them, you should schedule a consultation.
Hire a Personal Injury Lawyer in South Carolina Today
If you have suffered a personal injury in South Carolina, it can be overwhelming to take legal action while also trying to recover. At the Deas Law Firm, lead attorney Garryl L. Deas has over 24 years of experience with personal injury cases and can leverage that knowledge to fight for you. Contact the Deas Law Firm today to learn more about how we can fight for the compensation you need to move forward.
