If you suffered an injury, disability, or loss due to an accident caused by a government employee’s negligence in South Carolina, you may be eligible to seek damages by filing a personal injury claim. However, when it comes to suing government entities, the legal process and requirements are slightly different from private lawsuits. One significant difference is the types and limits of damages that you can recover. In this article, we will discuss the various damages you can seek in a personal injury claim against a government entity in South Carolina.
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Understanding Sovereign Immunity
Sovereign immunity refers to the legal principle that the government and its officials are immune from legal actions unless the government consents to be sued. Sovereign immunity is a doctrine that is rooted in the U.S. Constitution, and it is an essential factor to consider when suing the government.
In South Carolina, the state’s Tort Claims Act (TCA) governs the process for filing personal injury claims against the government. The TCA sets out specific guidelines and requirements to follow to have a valid case against governmental entities.
Types of Damages in a Personal Injury Claim
Damages are the legal term to describe the monetary compensation awarded to a plaintiff who has suffered an injury or loss in a personal injury claim. When it comes to personal injury claims against a government entity in South Carolina, you can seek three types of damages:
Actual damages
Actual damages, also known as compensatory damages, aim to compensate the victim for the losses incurred due to the injury or loss caused by the government’s negligence. Actual damages can include:
- Medical expenses: This includes all reasonable and necessary expenses related to your injury, such as hospital bills, prescription medications, physical therapy, and other treatments.
- Lost wages: If your injuries caused you to miss work, you can claim lost wages, including wages that you would have earned from the date of the accident till the time of the settlement.
- Property damage: If your property, such as your car, was damaged due to the accident, you can make a claim to recover the repair or replacement costs.
General damages
General damages apply to non-economic losses resulting from the injury. Unlike actual damages, general damages are not tangible, and they do not have a fixed monetary value. Examples of general damages are:
- Pain and suffering: This includes the physical and emotional suffering, inconvenience, and discomfort you experienced due to your injuries.
- Loss of enjoyment of life: If the injury caused you to lose your ability to enjoy the activities or hobbies that you loved before the accident, you may be eligible to seek compensation for loss of enjoyment of life.
- Mental anguish: Emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD), can also be a part of general damages.
Punitive damages
Punitive damages are awarded as a form of punishment to the defendant, in this case, the government, for intentional or grossly negligent behavior. However, in South Carolina, punitive damages are not recoverable in personal injury claims against the government.
Time Limit to File a Claim
As per the Tort Claims Act, you must file a Notice of Claim within a certain period after the incident. The notice must describe the nature of the claim, the time, place, and date of the occurrence, and the injuries or damages that resulted. The time limit for filing a Notice of Claim is:
- For injury: Within two years from the date of the incident.
- For property damage: Within one year from the date of the incident.
If you fail to submit a Notice of Claim within the specified time limit, you may lose your right to file a lawsuit against the government entity.
Contact a Personal Injury Attorney
The legal process for filing a personal injury claim against the government is complex and requires extensive knowledge of the laws and procedures. It is crucial to work with an experienced personal injury attorney to help you navigate the process and guide you through the legal system.
If you or a loved one has suffered an injury due to government negligence in South Carolina, contact a reputable personal injury attorney today. They can evaluate your case and help you determine your legal rights and options to recover the damages you deserve.