Under South Carolina personal injury law, individuals who have been hurt in an accident that wasn’t their fault can file a lawsuit against the party responsible for the accident or injuries. If the lawsuit is successful, an injury victim can collect compensation from the responsible person, company or government agency. Before taking legal action, talk to a Charleston personal injury lawyer. An attorney can review the details of your situation and help determine whether you have grounds for a lawsuit.
Filing a South Carolina Personal Injury Lawsuit
In South Carolina, two types of trial courts hear civil lawsuits. Magistrates’ Courts handle lawsuits where plaintiffs are seeking no more than $7,500 in compensation. The Court of Common Pleas, which is a type of South Carolina Circuit Court, hears all other civil lawsuits. Your Charleston personal injury attorney can help determine which court is most appropriate to hear your case. Once your lawyer has determined which court has jurisdiction, he or she will then file the lawsuit in the appropriate court in the county where the defendant resides or where the accident occurred.
Winning a South Carolina Personal Injury Case
In a civil lawsuit, the burden is on the plaintiff (in this case, the accident victim) and the plaintiff’s legal counsel to convince the court that plaintiff deserves compensation from the defendant, which is what we call the individual or organization being sued. To win your South Carolina personal injury lawsuit, you and your lawyer will have to prove:
- That the defendant owed you a duty of care, or had a legal obligation to try to keep from hurting you
- The defendant failed in to uphold the duty of care and you were injured as a result of the defendant’s negligent, reckless or intentional behavior
- Your injuries cost you money
Suppose, for example, that you’re walking down the street and are bitten by someone else’s dog, which wasn’t on a leash. The dog owner’s duty of care might include keeping the dog in a fenced yard, taking it to obedience training and always walking it on a leash. Particularly if the owner knows that his or her dog is aggressive and prone to biting, then the owner is violating the duty of care by allowing it to roam off leash. However, under South Carolina personal injury law, it’s not enough for a dangerous dog to simply threaten you or cause you to fear being bitten. For your personal injury lawsuit to be successful, you must have been the victim of a dog bite and had expenses, such as medical bills, as a result of your injuries.
