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Personal injury law in Charleston, United States, revolves around civil lawsuits brought by individuals who have sustained injuries due to others' negligence or intentional acts. These laws aim to compensate victims for the harm caused and deter individuals and organizations from causing such harm. Common personal injury cases in Charleston can include slip and fall accidents, motor vehicle accidents, medical malpractice, defective product suits, and workplace injuries.
If you ever find yourself on either end of a personal injury claim in Charleston, whether as the injured party or the party being accused, it is crucial to consult with a legal professional. They can help navigate the complex legal system, negotiate with insurance companies, and increase the chances of receiving a desirable outcome. The gravity of issues like medical bills, lost wages, emotional distress, and property damage makes professional legal assistance invaluable.
In Charleston, like the rest of South Carolina, several key local laws govern personal injury cases. First, the state operates under a "modified comparative negligence" doctrine, implying that if you are more than 50% at fault for the injury, you may not recover any damages. South Carolina also has a strict three-year statute of limitations for personal injury claims, meaning you must file your lawsuit within three years of the injury's date.
The average settlement amount for personal injury claims in Charleston can vary widely depending on the specific details of each case. However, a lawyer will advise you on the potential worthiness of your case based on factors such as damage extent, lost wages, and medical expenses.
While some cases go to trial, most personal injury cases in Charleston are settled out of court, often through negotiations with the at-fault party's insurance company.
Under South Carolina's "modified comparative negligence" rule, if you're found to be more than 50% at fault for the injury incident, you won't be able to recover any damages. If you're less than 50% at fault, your award will be reduced by your percentage responsibility.
If the person at fault has no insurance, alternatives may include filing a claim with your insurance company or filing a lawsuit seeking compensation for the damages.
In Charleston, it is indeed possible to claim emotional distress within a personal injury case, assuming the distress is severe and directly related to the injury.
You may find the South Carolina Judicial Department and American Bar Association websites resourceful, offering various services related to personal injury law. Local nonprofits, such as South Carolina Legal Services, also offer free legal help to eligible individuals.
If you believe you have a personal injury claim, it's important to consult with a Charleston-based attorney specializing in personal injury law. They can provide legal counsel, negotiate with insurance companies on your behalf, and guide you through your next steps. Gather all information relevant to your case, such as health records and incident reports. Remember, it's best to act promptly to preserve your rights to legal recourse.
