Personal injury laws vary from state to state. In South Carolina, residents have two options when it comes to filing a personal injury claim. They can either seek compensation through a fault-based system or a no-fault system.

Fault-Based System

A fault-based system means that the person who is at fault for the accident is responsible for compensating the injured party. In South Carolina, the fault-based system is used for most personal injury claims.

Negligence

Negligence is a common cause of personal injury accidents. It refers to the failure to take reasonable care to prevent an accident. In South Carolina, negligence is the basis for most personal injury claims. To prove negligence, the plaintiff must show that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injuries.

Contributory Negligence

South Carolina is one of a handful of states that still applies the contributory negligence rule. Under this rule, if the plaintiff is found to be even slightly at fault for the accident that caused their injuries, they may be barred from recovering any compensation.

Modified Comparative Negligence

In cases where the plaintiff is less than 50% at fault for the accident, they may still be able to recover compensation under the modified comparative negligence rule. This rule allows the plaintiff to recover damages that are reduced by their percentage of fault. For example, if the plaintiff is 30% at fault for the accident, their damages would be reduced by 30%.

No-Fault System

A no-fault system means that each party’s insurance company pays for their own damages and injuries, regardless of who is responsible for the accident. In South Carolina, the no-fault system is used for car accidents only.

South Carolina’s No-Fault Law

South Carolina’s no-fault law is called the “South Carolina Motor vehicle Accident Claims Act” (MVA). According to the MVA, drivers must carry a minimum of $25,000 per person and $50,000 per accident in “Personal Injury Protection” (PIP) coverage. PIP covers medical expenses and lost wages for the driver and their passengers, regardless of who was at fault for the accident.

When to Sue

Under the MVA, drivers can only sue for compensation if their injuries meet the “serious injury” threshold. A serious injury is defined as a permanent disability, disfigurement, or impairment that results in a substantial loss of income or functions.

Conclusion

If you have been injured in South Carolina, it is important to understand the personal injury laws in the state. Depending on the circumstances of your accident, you may be able to seek compensation through a fault-based system or a no-fault system. An experienced personal injury attorney can help you navigate the legal process and fight for the compensation you deserve.