Your Myrtle Beach Personal Injury FAQs
If you’ve been injured in Myrtle Beach or anywhere in South Carolina, the CEO Lawyer Personal Injury Law Firm is here to help. Here are some frequently asked questions (FAQs) about personal injury law in South Carolina:
What Is Considered a Personal Injury?
In South Carolina, a personal injury occurs when someone else’s negligence or recklessness causes you physical or emotional harm. This can include injuries sustained in car accidents, slip and fall accidents, motorcycle accidents, dog bites, medical malpractice, and more.
Do I Have a Personal Injury Case?
To have a personal injury case in South Carolina, you must be able to prove four elements:
- Duty: The at-fault party owed you a duty of care.
- Breach: The at-fault party breached their duty of care by acting negligently or recklessly.
- Causation: The at-fault party’s breach of care caused your injury.
- Damages: You suffered damages as a result of your injury, such as medical expenses, lost wages, pain and suffering, etc.
What Types of Damages Can I Recover in a Personal Injury Case?
In South Carolina, you may be able to recover compensation for various damages, including:
- Medical expenses: This includes past, present, and future medical costs associated with your injury.
- Lost wages: You can recover compensation for wages lost due to your injury and any potential future lost earning capacity.
- Pain and suffering: This compensates you for the physical and emotional pain caused by your injury.
- Property damage: If your personal property was damaged in the accident, you may be able to recover compensation for repairs or replacement.
- Other damages: Depending on the circumstances of your case, you may also be entitled to compensation for other damages, such as emotional distress, loss of enjoyment of life, or scarring and disfigurement.
How Much Is My Personal Injury Case Worth?
The value of your personal injury case depends on several factors, including the severity of your injuries, the extent of your medical bills, lost wages, and other damages. An experienced personal injury attorney can evaluate your case and provide a more accurate estimate of its potential value.
What Is the Statute of Limitations for Personal Injury Lawsuits in South Carolina?
The general statute of limitations for most personal injury lawsuits in South Carolina is three years from the date of your accident. However, there are some exceptions. For instance, if you name a government entity as a liable party, the statute of limitations is typically shorter (two years). It’s crucial to consult with an attorney as soon as possible after your accident to determine the specific deadline applicable to your case.
What Are South Carolina’s Comparative Negligence Laws?
South Carolina follows a modified comparative negligence rule. This means that your recovery may be reduced by your percentage of fault for the accident. For example, if you are found to be 20% at fault for the accident, your total damage award will be reduced by 20%. However, if you are found to be more than 50% at fault, you will be barred from recovering any compensation.
What Are South Carolina’s Laws Regarding Dog Bites?
South Carolina has a strict liability law for dog bites. This means that the dog owner is liable for your injuries regardless of whether they knew the dog was vicious.
There are some exceptions to this rule, such as if you were trespassing on private property or if the dog bite occurred while you were provoking or teasing the dog.