What is Personal Injury Law in South Carolina?

Personal Injury Law in South Carolina

Personal injury law in South Carolina is a legal framework that allows individuals who have suffered harm due to another party’s negligence or wrongful actions to seek compensation for their injuries and losses.
This area of law is designed to provide financial relief to victims who have incurred medical expenses, lost wages, and endured pain and suffering because of someone else’s actions.

Below are some of the key aspects of personal injury law in South Carolina. If you are looking for an experienced personal injury lawyer in Beaufort, contact McDougall Law Firm, LLC.


The cornerstone of most personal injury cases in South Carolina is proving negligence. This involves establishing that the responsible party owed a duty of care to the injured person, breached that duty through their actions or inactions, and directly caused the injury or harm as a result.

Statute of Limitations

In South Carolina, there is a specific time frame within which a personal injury lawsuit must be filed, known as the statute of limitations. For most personal injury cases, this period is three years from the date of the injury. Failing to file within this timeframe usually results in the loss of the right to sue.

Comparative Negligence

South Carolina follows a modified comparative negligence rule. This means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. However, if they are found to be more than 50% at fault, they cannot recover any compensation.


Compensation in personal injury cases, known as damages, can be economic (such as medical expenses and lost wages) and non-economic (such as pain and suffering). In some cases, punitive damages may also be awarded to punish the defendant for particularly reckless or egregious behavior.

Auto Insurance Claims

Given that car accidents are a common cause of personal injuries, South Carolina’s laws regarding auto insurance claims are particularly relevant. The state follows a “fault” system, meaning the person responsible for the accident is liable for the damages. Victims can file a claim with their own insurance or the at-fault driver’s insurance or sue the at-fault driver directly.

Workers’ Compensation

For injuries occurring at the workplace, South Carolina has a workers’ compensation system that provides benefits to injured workers without the need to prove fault. However, accepting workers’ compensation usually means waiving the right to sue the employer.

Product Liability

If an injury is caused by a defective product, victims can file a product liability claim. In these cases, it must be proven that the product was defective and that this defect caused the injury.

Medical Malpractice

In cases of medical malpractice or negligence, victims must prove that a healthcare provider deviated from the standard of care and that this deviation caused their injury.

Choosing a Top South Carolina Personal Injury Law Firm

In all personal injury cases, it is advisable to consult with a qualified attorney who can provide guidance based on the specifics of the case. Law firms like McDougall Law Firm in South Carolina specialize in navigating these complex legal waters, ensuring that victims’ rights are protected and that they receive the compensation they deserve.

If you are looking for an experienced Beaufort personal injury lawyer, contact McDougall Law Firm, LLC at 843-438-4386.

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