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Charleston, WV
304-802-2115
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Charleston Personal Injury Lawyer
Personal Injury Laws in South Carolina
In South Carolina, you have the right to file a personal injury lawsuit if you are injured due to the careless, reckless, or wrongful conduct of another. The purpose of filing a claim is twofold: first, it allows you to seek financial compensation for certain damages, such as medical bills, lost wages, and pain and suffering; second, it lets the at-fault party know that they cannot simply get away with their negligent conduct but, instead, must be held accountable.
Filing a personal injury claim can be challenging—but when you work with the team at Mike Slocumb Law Firm, you can focus on healing while we handle everything else. Our Charleston personal injury attorneys have extensive experience handling complex claims, including those involving car accidents, large truck accidents, slips and falls, and more. To date, our firm has recovered more than $500 million in compensation for the injured, as well as the families of those wrongfully killed. We are ready to aggressively advocate for you and your maximum recovery.
Contact us online or call (304) 802-2115 today to request a free consultation with a member of our team. Hablamos español.
What Is the Statute of Limitations in South Carolina for Personal Injury?
Every state has various deadlines, known as “statutes of limitations,” for filing different types of lawsuits, including personal injury claims. In South Carolina, the statute of limitations on most personal injury lawsuits is three years from the date of injury or the date on which the injury was discovered/reasonably could have been discovered.
Note that the same three-year statute of limitations applies in wrongful death lawsuits. In South Carolina, you have three years from the date of death to bring your wrongful death claim in court.
Although there are some exceptions to this rule, they are rare. In most cases, if you miss the three-year filing deadline, the court will dismiss your case, and you will be unable to sue the liable party for damages.
If you were injured or if your loved one passed away due to the negligence or wrongful conduct of another, we encourage you to reach out to Mike Slocumb Law Firm as soon as possible. While it may seem like you have a long time to file your lawsuit, the longer you wait, the more challenging it may become to win your case. Over time, crucial evidence can be lost, and your memory of the event may fade. The sooner our team can begin investigating your claim, putting together evidence, and working to secure a fair settlement on your behalf, the better.
What Damages Can You Claim for Personal Injury?
There are two main types of damages you can recover in a personal injury claim:
- Compensatory: Compensatory damages compensate the plaintiff for specific losses. These losses can be either economic (e.g., medical expenses, lost wages, etc.) or non-economic (e.g., pain and suffering, lost earning capacity, etc.).
- Punitive: Also known as “exemplary” damages, punitive damages are meant to punish the defendant for gross negligence, malpractice, or reckless misconduct, as well as send a message that such conduct will not be tolerated.
Courts tend to award compensatory damages more often than punitive damages. Additionally, certain types of compensatory damages are more common than others.
Common compensatory damages awarded in personal injury cases in South Carolina include:
- Medical expenses
- Future medical expenses
- Lost income/wages
- Lost employment benefits
- Loss of future earnings and benefits
- Pain and suffering, including future pain and suffering
- Diminished earning ability
- Lost quality/enjoyment of life
At Mike Slocumb Law Firm, our goal is to help you recover every penny you are owed. You shouldn’t have to simply deal with the life-altering consequences of someone else’s negligence on your own. Instead, let our Charleston personal injury attorneys fight for you and the fair compensation you deserve.
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I thank Mike Slocumb so much for changing my life.
“I thank Mike Slocumb so much for changing my life. David and Mike were like Angels to me. I didn’t know if I would ever walk again.”
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Mr. Gracie handled my case, he was superb.
“Mr. Gracie is really, really experienced and an exceptional lawyer.”
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I Couldn't Have Been Happier
“My case was actually settled earlier than projected and I couldn't have been happier with the outcome.”
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Great Communication!
“I dealt with Lowell Moore here and I’ll recommend him to anyone, anytime! The defining factor was his communication... I was able to always deal with Lowell firsthand about any questions or concerns I had.”
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Incredible Attorney!
“Attorney Lowell Moore was awesome in the whole process! He kept us included in every move made for our accident/injury case. Never had an issue with communication and he really showed us he cares about his clients!!!”
Is South Carolina a No-Fault State?
In no-fault car insurance states, accident victims do not need to prove that the other driver (or another party) was to blame for the crash. Instead, they can file claims with their auto insurance providers and recover compensation for certain damages regardless of fault.
However, South Carolina is not a no-fault state. Instead, South Carolina follows a traditional “tort,” or fault-based, system. Under this type of system, you must prove that another party—whether another motorist, an auto manufacturer, or some other party—was at least partly to blame for the crash in order to file a claim for damages. Because the state also follows a modified comparative negligence rule, you do not need to prove that the other party was entirely at fault, only that they were more at fault than you for the collision.
Call Our Charleston Personal Injury Team for a Free Consultation
If you were injured or if your loved one tragically died due to someone else’s negligent or wrongful conduct, Mike Slocumb Law Firm wants to help you hold the liable party accountable. We are known for our aggressive approach to litigation, as well as our compassionate and personalized client service. As your legal team, we will be there for you every step of the way, always available to answer your questions and address any concerns you may have.
We offer completely free consultations and provide all our legal services on a contingency fee basis. This means that you do not owe any upfront or out-of-pocket legal fees when you hire our firm. Instead, we only get paid if we recover a settlement or verdict for you.
Give us a call at (304) 802-2115 or contact us online using our free case evaluation form to request a complimentary consultation with one of our personal injury lawyers today.
