Bluffton Personal Injury Lawyer
If you or someone close to you is hurt because of someone else’s negligence in Bluffton, you may have the right to compensation. However, before you move ahead with filing a personal injury claim, it may be wise to talk to an experienced injury attorney about the legal system in the state of South Carolina and the various factors that may impact your claim. Call a Bluffton personal injury lawyer now to learn more about how to protect your legal rights and pursue financial recovery.
Types of Personal Injury Cases
There are various types of accidents that can give rise to a personal injury claim. The most common situations include:
- Serious car accidents
- Truck wrecks
- Accidental Death
- On-the-job accidents
- Motorcycle crashes
- Medical negligence
- Nursing home neglect and abuse
A seasoned personal injury attorney could investigate the cause of the collision and determine if the injured party may be eligible for compensation.
Bluffton Personal Injury Filing Deadlines
South Carolina Code §15-3-530 gives most personal injury victims three years from the date of their injury to file a lawsuit with the civil courts. It is usually vital to understand and adhere to the filing deadlines outlined by state law. If an injury victim does not file their lawsuit before the close of this three-year window, the state’s civil court system may refuse to hear their case at all.
Having said that, there are several exceptions afforded by South Carolina law to individuals who do not discover their injury right away. The Discovery Rule, for example, permits an injured individual to start the statutory clock on the date they discovered their injury or the date by which they reasonably should have discovered it. A local personal injury attorney could provide counsel and advice to an accident victim with respect to any filing deadlines to ensure conformity with state-designated time limits.
Bluffton Shared Fault Rules
If it turns out that an injury victim bears some degree of legal liability for their damages, they may still be able to recover financial compensation. In cases involved shared fault, South Carolina law adheres to the modified comparative negligence rule, which reduces the amount of compensation someone is entitled by the amount equal to their percentage of fault. However, if someone is found to bear more than 50 percent of the legal blame, they may not be able to collect anything from the other at-fault party.
Types of Damages Awarded in Bluffton Personal Injury Claims
There are different types of damages that a Bluffton injury lawyer could help a plaintiff seek in a personal injury claim. These may include economic damages such as medical bills, lost wages, and property damage costs, as well as non-economic losses like loss of consortium and pain and suffering.
Furthermore, an injured party could seek punitive damages in certain situations where the liable party acted with gross or malicious negligence. Unlike economic and non-economic damages that are designed to reimburse a loss, punitive damages punish the defendant for egregious wrongdoing and may only be awarded in qualifying circumstances.
Limits on Injury Damages in Bluffton
In South Carolina, S.C. Code §15-32-220 establishes a cap on non-economic damages in most medical malpractice cases. This cap specifically limits financial recovery to $350,000 per defendant and $1.05 million overall.
Another damage cap law that applies to personal injury cases in South Carolina as a whole is S.C. Code §15-32-530. Under this statute, punitive damages are limited to $500,000 or three times the actual damage amount, whichever is greater.
Discuss a Possible Claim with a Bluffton Personal Injury Attorney
One of the best things you can do after being injured in an accident or incident in Bluffton is contact a resolute Bluffton personal injury lawyer. A knowledgeable injury attorney at Schiller & Hamilton could provide you with pertinent and valuable information regarding your potential claim and help get you started on the right path to recovering the compensation you deserve from the culpable parties. Call our experienced personal injury law firm to schedule a case consultation and discuss your claim with a qualified legal representative.