What if I was partially at fault for the original accident?
South Carolina follows a modified comparative negligence rule. Under this rule, you can still recover damages as long as your share of the fault is not greater than the fault of the other party (i.e., you are 50% or less at fault). However, your final compensation award will be reduced by your percentage of fault.
What kind of compensation is available for an old injury claim?
The potential compensation is the same as for a more recent injury claim. This can include payment for past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, and loss of enjoyment of life. The amount depends entirely on the specific damages you can prove.
Can I reopen a personal injury case I already settled if my injury is worse than I thought?
Unfortunately, in most cases, the answer is no. When you settle a personal injury claim, you sign a release agreement. This is a legally binding contract that permanently closes your claim in exchange for the settlement funds. This agreement releases the other party from all future liability, even if your injuries turn out to be […]
Does the statute of limitations apply to a wrongful death claim?
Yes, it does. In South Carolina, a wrongful death lawsuit must generally be filed within three years of the date of the person’s death. This deadline is also governed by the statute of limitations.
What if my old injury has gotten worse over time?
If your injury has worsened, it may be a valid reason to explore a claim, especially if the new developments fall within the statute of limitations or the discovery rule. The key will be to provide medical evidence showing that the worsening condition is a direct result of the original accident and not a separate, […]