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Browse our 1 legal article about Accidents & Injuries in United States written by expert lawyers.
Accidents and injuries law in Charleston, South Carolina covers claims arising from motor vehicle crashes, slips and falls, workplace injuries, medical malpractice, and product defects. Local practice involves navigating state rules on fault, damages, and time limits to file a claim. Injured residents often work with a Charleston attorney to gather evidence, negotiate with insurers, and pursue court action if needed.
Key concerns include how fault is determined, what compensation may be available for medical bills, lost wages, and pain and suffering, and how government or premises liability plays a role when injuries occur on public or commercial property. Understanding the timeline and required steps helps protect your rights if an accident happens in Charleston or the surrounding area.
Car crashes in Charleston frequently involve insurance disputes and questions about fault. A lawyer helps you evaluate underinsured motorist coverage and negotiate with multiple insurers after a crash on I-26, US-17 or local streets. They also preserve evidence and ensure you do not waive rights by speaking to insurers too soon.
Premises liability cases arise when injuries happen on Charleston stores, restaurants, or rental properties. An attorney can establish notice of the hazard and the landowner's duty to maintain safe premises, which plays a critical role in liability and damages. Without counsel, important evidence may be lost or misinterpreted.
Medical malpractice and hospital injuries in Charleston require specialized rules and deadlines. A lawyer helps determine if a discovery rule or other exception applies and coordinates with expert witnesses. These cases often involve complex standards of care and caps on non-economic damages.
Workplace injuries may trigger workers' compensation, but third-party claims can exist if another company or driver contributed to the injury. A Charleston attorney can evaluate both workers' comp benefits and potential third-party lawsuits to maximize overall recovery. This dual approach is common in construction or coastal industry sites.
Wrongful death claims in Charleston demand careful handling of timelines and beneficiary rights. An attorney guides you through the filing process, negotiates with insurers, and, if necessary, pursues a lawsuit to obtain damages for surviving family members. Time limits are strict and missing a deadline can bar your claim.
Statute of limitations for personal injury actions: In South Carolina, most personal injury claims must be filed within three years from the date of the injury. This rule applies to accidents in Charleston as well as other parts of the state. Minor or incapacitated claimants may receive tolling in certain circumstances. See South Carolina Code and state court guidance for specifics.
"Actions for injuries to the person must be commenced within three years after the cause of action accrues, subject to tolling and discovery rules as provided by law."
Source: South Carolina Code Title 15 - Civil Practice, Chapter 3 and Chapter 38.
Comparative fault rule: South Carolina uses a modified comparative negligence framework. A plaintiff may recover only if their own fault is 50 percent or less, and the recovery is reduced by their percentage of fault. If fault exceeds 50 percent, recovery is barred. This rule affects cases in Charleston just as it does nationwide in the state.
"If a plaintiff is more at fault than the defendant, the plaintiff's recovery is barred when fault exceeds 50 percent."
Source: South Carolina Code Title 15 - Civil Practice, Chapter 38.
Motor vehicle insurance requirements: South Carolina requires motorists to carry liability insurance to cover bodily injury and property damage in accidents. Minimum limits and uninsured/underinsured motorist protections are governed by state regulations administered by the Department of Insurance. In practice, these rules affect Charleston drivers and injury claims arising on local roads.
"The Department of Insurance sets minimum auto liability coverage and assists consumers with insurance concerns after accidents."
Source: South Carolina Department of Insurance.
Tort Claims Act implications for government property or employees: The South Carolina Tort Claims Act limits liability for injuries involving state and local government actions, including incidents on public property in Charleston. Claims against municipalities or the state require compliance with SCTCA procedures and notice requirements and may involve government defense funds.
"The South Carolina Tort Claims Act governs liability of government entities for injuries caused by their employees or by agencies acting within the scope of employment."
Source: South Carolina Legislature Online.
Most personal injury cases must be filed within three years of the injury. Exceptions may apply for minors or certain disabilities, and tolling rules can adjust the timeline in limited circumstances. Consult a local attorney for a precise deadline in your case.
Begin by collecting photos, medical records, police reports, and witness information. Then contact a Charleston attorney to evaluate your claim, confirm deadlines, and determine whether to pursue a settlement or file a lawsuit.
A settlement resolves the claim without court action, typically through negotiations with insurers. A lawsuit is filed in court when a fair settlement cannot be reached, and it proceeds through discovery, motions, and possibly trial.
Hiring local counsel helps with knowledge of South Carolina fault rules, insurance practices, and local court procedures. A lawyer can negotiate with insurers and advise on underinsured motorist coverage and timelines.
Compensation can cover past and future medical expenses, lost wages, and non economic damages such as pain and suffering. The amount depends on the injury, evidence, fault, and settlement or jury award. An attorney can quantify and pursue appropriate compensation.
Yes, you typically must prove the other party was negligent and caused the crash. This involves evidence like police reports, witness testimony, and accident reconstruction when needed.
Timeline varies by complexity, evidence, and court delays. Some cases settle within months, while others proceed to trial, which can extend to a year or more depending on court backlogs.
Uninsured motorist claims generally follow the same statute of limitations rules as other personal injury claims. It is essential to notify your insurer promptly and preserve evidence to maximize recovery.
Under the modified comparative negligence rule, you may recover if your fault is 50 percent or less, and your damages are reduced by your percentage of fault. If you are more than 50 percent at fault, you cannot recover.
Yes. Collect all medical records, bills, and treatment notes. They establish injury severity, causation, and damages essential for insurance claims or court cases.
Employees injured on the job should typically file a workers' compensation claim. If a third party contributed to the injury, a separate civil claim may also be possible.
Most personal injury lawyers in Charleston work on a contingency fee basis, meaning fees are paid from the settlement or trial award and only if you win. This usually ranges from 25 to 40 percent, depending on case complexity and stage.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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