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Your Spartanburg Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Spartanburg because of another person’s actions, this page explains how South Carolina treats injury claims so you can plan your next step.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from South Carolina’s own statutes so that you can check them yourself.
Questions To Ask A Spartanburg Injury Attorney
Whoever you speak to, a few answers tell you a lot:
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of fault, and how that percentage affects what each defendant owes (S.C. Code § 15-38-15).
- The date. Ask the attorney to name the exact last day to file in your case. South Carolina’s general limit for an injury to the person is three years (S.C. Code § 15-3-530).
- Claims against the government. Ask whether a public body could be responsible. Claims under the Tort Claims Act have dollar limits and no punitive damages (S.C. Code § 15-78-120).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. South Carolina law lets an action be brought when a death is caused by the wrongful act, neglect or default of another, for the benefit of the spouse and children, or if there are none the parents, or if there are none the heirs (S.C. Code § 15-51-10, S.C. Code § 15-51-20), and the jury may give damages proportioned to the injury resulting from the death (S.C. Code § 15-51-40). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
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When Fault Is Shared
Blame is counted by percentage in South Carolina. The jury, or the court if there is no jury, decides the total damages, the plaintiff’s percentage of fault under the applicable rules on comparative negligence, and, on a defendant’s motion, each defendant’s percentage of the indivisible harm (S.C. Code § 15-38-15).
Those percentages decide who pays what. A defendant under fifty percent of the total fault is liable only for that percentage, unless its conduct was wilful, wanton, reckless or intentional (S.C. Code § 15-38-15). Ask an attorney how the percentages could play out if more than one person was at fault.
Limits That Can Apply To A Claim
Claims against the State or a local government follow the Tort Claims Act, which has its own limits. A person may not recover more than $300,000 because of loss from a single occurrence, and the total recovered from a single occurrence may not exceed $600,000, with different amounts for certain physician and dentist cases (S.C. Code § 15-78-120). An award under that chapter may not include punitive damages or interest before judgment (S.C. Code § 15-78-120).
Punitive damages against private defendants are limited as well, in most cases to the greater of three times the compensatory damages or $500,000 (S.C. Code § 15-32-530).
How Long You Have To File
Time limits decide many injury cases. The general South Carolina rule is three years for injury to the person (S.C. Code § 15-3-530), and for a death the three years begin to run on the death. Missing the date usually ends the case.
A person under eighteen or insane when the cause of action accrued has more time, because the time of the disability is not counted. The extension cannot be more than five years for any disability except infancy, and cannot run longer than one year after the disability ceases (S.C. Code § 15-3-40).
What Auto Policies Must Cover
Minimum coverage is a floor, not a measure of your claim. South Carolina’s limits are $25,000 for one person, $50,000 for two or more people in one accident and $25,000 for property (S.C. Code § 38-77-140).
If a crash leaves you with more bills than the other driver’s policy pays, your own uninsured motorist coverage may matter (S.C. Code § 38-77-150). Before accepting a payment, ask an attorney to check every policy that could apply.
Courts and Hospitals in Spartanburg
Spartanburg Medical Center appears on the South Carolina Department of Public Health list of trauma centers as an Adult Level I trauma center. Spartanburg County belongs to the Seventh Judicial Circuit under section 14-5-610 of the South Carolina Code, which lists the counties of each circuit. Spartanburg lies within Spartanburg County.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
How The Intake Process Works In Spartanburg
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in South Carolina. The form is free to use, and sending it does not mean you have hired anyone.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
Are there special limits for claims against the government?
There are. Recovery from a public body is limited to $300,000 per person and $600,000 per occurrence, with no punitive damages or interest before judgment (S.C. Code § 15-78-120).
Should my attorney be local to Spartanburg?
Not required, but useful. Someone who works regularly near Spartanburg will know how the nearby courts and clinics operate.
What is the South Carolina statute of limitations for an injury claim?
Generally three years (S.C. Code § 15-3-530). For a wrongful death, the three years begin on the date of death (S.C. Code § 15-3-530).
If I was partly responsible, can I still recover something?
The jury determines your percentage of fault under the applicable rules on comparative negligence, and the percentages of everyone responsible total one hundred percent (S.C. Code § 15-38-15). The statute does not name the point at which your share would bar a claim, so ask an attorney.
Is there a limit on punitive damages in South Carolina?
Generally yes. The limit is the greater of three times the compensatory damages or $500,000, rising to the greater of four times or $2 million in two situations, and there is no cap when the defendant intended to harm the claimant and did, or has pleaded guilty to or been convicted of a related felony (S.C. Code § 15-32-530).
How much liability coverage must a South Carolina driver carry?
The minimums are $25,000 per person, $50,000 per accident and $25,000 for property damage (S.C. Code § 38-77-140).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
Injury Attorney Pages For Other South Carolina Communities
The same matching service covers more of South Carolina. Pick the community closest to where it happened.
