Myrtle Beach Personal Injury Lawyers

What Is the Statute of Limitations on Personal Injury Cases? 

The personal injury statute of limitations—or the amount of time you have to file a personal injury lawsuit—in South Carolina is three years. This means that, in most cases, you have just three years to sue the liable party for damages. Usually, the clock starts ticking on the date on which you are injured, but sometimes, the three-year period may extend from the date on which you discovered the injury or could have reasonably discovered the injury. 

Certain types of personal injury cases have their own statutes of limitations; these include: 

• Medical malpractice cases
• Sexual abuse cases
• Defamation cases 

Additionally, the statute of limitations may change depending on various factors, including whether the plaintiff was a minor when the injury occurred. 

We recommend that you act quickly after an accident or injury to avoid missing your filing deadline. Additionally, you likely have far less time to file an insurance claim, as most insurance companies require you to file a claim “immediately” after an accident. Depending on the situation, this could mean a matter of several days to a couple of weeks. 

What Is Comparative Negligence? 

South Carolina is one of many states to follow a rule of comparative negligence when it comes to personal injury cases. This rule states that an individual may file a claim for compensation if they were partly at fault for the injury-causing event, as long as they can prove that the other party was also partly at fault. 

Because South Carolina follows a rule of modified comparative negligence, you must prove that you were no more than 50% at fault to still have grounds for a personal injury claim. If you are found to be 51% or more to blame for the event that caused your injury, you cannot file a claim or seek compensation for your injury-related damages. 

Additionally, your degree of fault plays a role in how much you are able to recover for your damages. Specifically, the amount you can receive will be reduced in direct proportion to the amount of fault assigned to you by the insurance company and/or judge. So, for example, if you were involved in a car accident in which you were hit by someone who sped through a stop sign while texting on their smartphone, but you failed to come to a full and complete stop, you may be assigned 20% of the blame whereas the other driver may receive the other 80%. If you suffered $10,000 in damages—including medical expenses, lost wages, pain and suffering, and other losses—you would only be able to recover up to 80% of that amount, or $8,000. 

Unfortunately, insurance companies often use the rule of modified comparative negligence to avoid paying out the full amount an injured individual is truly owed. These companies may even argue that the injured party was more than 50% at fault and, therefore, not entitled to any compensation for their damages. It’s important that you work with an experienced personal injury lawyer who can fight back against such tactics and advocate for the full, fair amount you deserve. 

Do You Have to Hire a Personal Injury Lawyer? 

Though you are not required by law to hire a personal injury lawyer, it’s very wise to do so. An attorney can assist you with every aspect of your case and significantly improve the likelihood of a successful outcome.

At Lanier Law Group, P.A., our Myrtle Beach personal injury lawyers can help you by: 

• Assisting with the Aftermath of the Accident: Whether you need help obtaining medical care or reporting the incident to the appropriate authorities, our firm can help.
• Gathering and Preserving Important Evidence: This includes copies of accident/police reports, medical records, witness statements, and expert testimony.
• Documenting Your Damages: We carefully evaluate the full extent of your economic and non-economic losses to better seek the full compensation you deserve. 
• Working with Various Experts: Our firm often consults accident reconstructionists, medical professionals, and other specialists to obtain critical evidence and expert testimony. 
• Communicating with Insurance Adjusters: We can handle all interactions with the insurance adjuster on your behalf so that you can focus on healing. 
• Negotiating a Favorable Settlement: We strive to settle our clients’ claims for fair amounts whenever possible by aggressively negotiating with liable parties. 
• Representing You at Trial: If necessary, we are fully prepared to take your case to trial and represent your best interests in court. 

Our goal is to help you navigate this challenging time in your life so that you can come out the other side and move forward with your life. We have extensive experience handling all types of personal injury claims, including those involving car and other motor vehicle accidents, large truck collisions, product liability, premises liability, medical malpractice and birth injuries, nursing home abuse, sexual abuse, workplace accidents, and more.

In addition to our personal injury practice, we assist clients with workers’ compensation, Social Security disability (SSD), and workers’ compensation claims. Get in touch with us today to learn how we can help you with your case.