When you’re in a personal injury accident, you may not know the proper protocol in regards to filing a civil lawsuit against the at-fault party. Some people never plan to file a personal injury claim because they mistakenly believe the injury won’t cost too much. But as time goes by and as the medical bills and in the case of car accidents, repair bills, start to roll in, suddenly the injured individual is hit with unexpected expenses.
Usually, when the accident starts to cost the injured person hundreds, if not thousands of dollars, they start to think, “Maybe I should contact an attorney and see about filing a personal injury claim.” Shortly after the person thinks this, they ask themselves, “Is it too late for me to file a claim? Have I waited too long?”
South Carolina’s Statute of Limitations
Each state imposes a time limit for filing a personal injury claim. This time limit or deadline is referred to as the “statue of limitations.” In South Carolina, the statute of limitations for filing a personal injury claim is three years from the date of injury under S.C. Code Ann. Section 15-3-530.
If you think you have a civil lawsuit, it’s important that you file your claim within this three-year window, otherwise the court will refuse to hear your case and the accident can end up costing you a fortune in medical bills and lost income.
Modified Comparative Negligence Rule
Is there any chance that you were partially to blame for the accident? If so, it’s important for to be aware of South Carolina’s modified comparative negligence rule. In some personal injury cases, the other side argues that the injured was partially to blame for the accident. If the injured party was somewhat responsible for their injury, it can reduce the amount of compensation they receive from the at-fault party.
In simple terms, if the modified negligence rule applies to your claim, your compensation would be reduced by the percentage that you were at fault. For example, if you’re 20 percent to blame, your claim would be reduced by 20 percent. However, if you’re over 50 percent at fault for the injury, you would not be able to collect anything.
If the other party is 100 percent responsible for your injuries, the modified comparative negligence rule would not apply to your case and your claim would not be reduced because you had no liability in the accident.