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Your Florence Personal Injury Attorney
Recovering from an injury is hard enough without legal confusion on top of it. If someone else’s carelessness hurt you in Florence, you are allowed to take your time understanding your options before you sign or say anything.
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 Florence Injury Attorney
A short list of questions can sort out who is right for you:
- 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 deadline. Ask for the specific last day to file. An action for any injury to the person not arising on contract must be brought within 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).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
Falls and unsafe property
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
Wrongful death
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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If You Were Partly At Fault
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).
Time Limits To Know
South Carolina allows three years for an action for assault, battery or any injury to the person or rights of another that does not arise on a contract (S.C. Code § 15-3-530). A wrongful death action must also be brought within three years, counted from the death (S.C. Code § 15-3-530). The type of claim sets the date, so ask any attorney to name the last day in your case.
If a public body may be responsible, the Tort Claims Act applies, and an action is barred unless it is commenced within two years after the date the loss was or should have been discovered. If a claim was filed first, the limit becomes three years from that date (S.C. Code § 15-78-110).
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 Court Circuit for Florence
Section 14-5-610 of the South Carolina Code places Florence County in the Twelfth Judicial Circuit. The Census Bureau counts Florence in Florence County. The Census Bureau lists Florence in more than one county: Darlington County and Florence County. Section 14-5-610 of the South Carolina Code places the counties as follows: Darlington County is in the Fourth Judicial Circuit, and Florence County is in the Twelfth 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.
Your First Step After Getting Hurt In Florence
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.
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
How much insurance does the other driver have to have?
At least $25,000 for bodily injury to one person, $50,000 for two or more people in one 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.
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).
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
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.
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).
Help Elsewhere in South Carolina
People are hurt in every part of South Carolina. These pages cover other communities.
