Motor vehicle accidents happen every day in Darlington and the surrounding areas, and the outcomes can be catastrophic, resulting in serious personal injuries and property damage.
If you have sustained personal injuries in a motor vehicle accident, you may be entitled to monetary compensation under South Carolina law. Our experienced Darlington personal injury lawyers are ready and willing to assist you with your case to help you obtain the maximum amount of compensation available. Call today to discuss your case and determine the next steps you should take with an experienced injury lawyer.
Statute of Limitations
In the State of South Carolina, the statute of limitations in all personal injury cases – including motor vehicle accident cases – is three years from the date of injury.
This means that except in a few limited circumstances, a claim or lawsuit for personal injuries must normally be filed within three years from the date of the accident. Otherwise, the injured person is forever barred from bringing a claim, filing a lawsuit, or seeking monetary relief for personal injuries and damages. To ensure your claim meets the correct time limit, consult with a Darlington personal injury lawyer as soon as possible.
Basis of Recovery
In order to recover damages in a Darlington personal injury case, the injured plaintiff must prove that the defendant breached his or her duty of care to act as a reasonably prudent and careful motor vehicle driver under the circumstances.
In addition to proving a breach of the standard of care, the injured plaintiff must also show that the other driver’s negligence proximately resulted in his or her injuries and damages.
In South Carolina, with regard to motor vehicle accidents and other types of personal injury cases, the plaintiff’s negligence must not exceed that of the defendant.
In other words, if the plaintiff is deemed to be 51 percent or more responsible for the accident, he or she cannot recover any damages. If the plaintiff is deemed to be 50 percent or less responsible for the accident, however, recovery is just limited by the plaintiff’s percentage of fault.
Injured plaintiffs in accident cases may be able to recover some or all of the following types of economic and non-economic damages with the help of a Darlington personal injury attorney:
- Payment of medical bills and expenses (including, in some cases, future medical bills)
- Compensation for lost wages for time missed from work as a result of the injuries sustained
- Compensation for past, present, and future pain and suffering
- Compensation for past, present, and future mental anguish and emotional distress
- Compensation for psychological or psychiatric treatment or therapy that can be causally related to the motor vehicle accident
- Compensation for loss of consortium, companionship, and spousal support
Contact a Darlington Personal Injury Lawyer
If you have been injured, it is imperative that you seek legal representation from a Darlington personal injury lawyer as soon as possible.
Remember, the insurance company (which typically controls the purse strings in motor vehicle accident cases) is not on your side. Keep in mind that the insurance company’s primary goal is to pay out as little as possible in satisfaction of your claim – and to keep as much of its money in-house as possible.
Our experienced injury lawyers are ready and willing to represent you and help you obtain the monetary compensation to which you are entitled under the law. You should feel free to contact us at any time, via telephone or email, for an initial consultation.