After suffering an injury in a car accident in South Carolina, you may be wondering how you can obtain financial compensation to cover medical expenses, lost wages, and even pain and suffering. Remember state laws determine your available legal options.
First, if someone involved suffers a serious or fatal injury or if the property damage totals to at least $1,000, you must report fill out and send a Traffic Collision Report form to the DMV. The other option is to involve law enforcement, who can file a report on your behalf.
An injured party has three years from the date of the collision to file a car accident claim in South Carolina. However, if a car accident results in a wrongful death lawsuit, the countdown starts on the day the crash victim passes away, which could be later than the date of the collision.
South Carolina is considered a “fault” state, which means an injured party must file a car accident claim or a personal injury lawsuit against the at-fault driver to recover damages stemming from the crash. In a no-fault car insurance state, an injured party must rely on their own personal injury protection coverage from their auto insurance policy—no matter who is liable for the accident. This does not apply in South Carolina.
However, if an injured party shares some blame for causing the collision, South Carolina follows a “modified comparative negligence” law. This means that—while an injured party can still recover a financial compensation—their total award will be reduced by their share of fault if their share of liability isn’t more than the other party.
For example, if you are awarded $100,000 in damages but the jury claims you are 15 percent at fault for the accident, your $100,000 award will be reduced by 15 percent (or $15,000), leaving you with a total award of $85,000.
If you have been injured in a car accident in Myrtle Beach, contact Joye, Nappier, Risher, & Hardin LLC today at (843) 357-6454 to request a free case evaluation.