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Your West Columbia Personal Injury Attorney
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in West Columbia, it is reasonable to want a clear picture before you decide anything.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from South Carolina’s statutes, and the form at the top of the page is how you reach an attorney.
Questions Worth Asking In West Columbia
Bring these to your first call, whoever it is with:
- 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).
- Punitive damages. Ask whether the facts could support them. They require clear and convincing proof of wilful, wanton or reckless conduct, and the amount is limited in most cases (S.C. Code § 15-32-520, S.C. Code § 15-32-530).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Common Kinds of Injury Claims
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
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
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. 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.
Injured in West Columbia? Get matched with an attorney now.
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
Ask early whether a special rule applies, because it depends on who is responsible. For a private defendant, punitive damages need clear and convincing proof of wilful, wanton or reckless conduct (S.C. Code § 15-32-520) and are capped in most cases at the greater of three times compensatory damages or $500,000 (S.C. Code § 15-32-530).
For a public body, S.C. Code § 15-78-120 limits recovery to $300,000 per person for a single occurrence and $600,000 in total for it, and excludes punitive damages. A verified claim may be filed with the right agency, and if one is filed it must be received within one year after the loss was or should have been discovered (S.C. Code § 15-78-80).
Time Limits To Know
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).
Insurance Minimums in South Carolina
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.
The Judicial Circuit for West Columbia
According to section 14-5-610 of the South Carolina Code, the Eleventh Judicial Circuit includes Lexington County. West Columbia lies within Lexington County. The Census Bureau lists West Columbia in more than one county: Lexington County and Richland County. Section 14-5-610 of the South Carolina Code places the counties as follows: Richland County is in the Fifth Judicial Circuit, and Lexington County is in the Eleventh Judicial Circuit.
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.
Reaching Out For Help In West Columbia
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in South Carolina. Using it is free, and it does not create an attorney client relationship.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
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).
What documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
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).
Where do injury lawsuits from the West Columbia area go?
The court is chosen by the type and size of the case and where the people involved live or the injury happened. Ask your attorney to confirm it; the court listing described above names the local court locations.
How long do I have to file an injury lawsuit in South Carolina?
For most injury claims, three years (S.C. Code § 15-3-530). Claims against a public body generally must be commenced within two years after the loss was or should have been discovered (S.C. Code § 15-78-110).
Does South Carolina count my share of the blame?
Yes, the jury assigns a percentage to you and to each defendant (S.C. Code § 15-38-15). The statute leaves the effect on your recovery to the comparative negligence rules, so ask an attorney how they apply to you.
Can I recover punitive damages in an injury case?
Sometimes. You must prove by clear and convincing evidence that your harm resulted from wilful, wanton or reckless conduct (S.C. Code § 15-32-520), and an award may not exceed the greater of three times the compensatory damages or $500,000 in most cases (S.C. Code § 15-32-530).
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.
