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Can you sue someone for a car accident in SC? You can sue someone at fault for a car accident in South Carolina if they caused you to suffer injuries and financial losses due to their negligent behavior.
Working with a car accident lawyer in South Carolina is critical to moving your case forward. Can you sue someone for a car accident in SC? Yes, but keep the following details in mind.
South Carolina is an At-Fault State
South Carolina is an at-fault state. This means that victims have the right to pursue financial compensation for the losses another person causes to them. This legal doctrine holds that a party who is injured can seek legal action against the person, company, or other party that caused the injury.
The goal of seeking compensation is to be made whole again, meaning to receive fair compensation that aligns with the type and amount of loss you suffered due to the other party’s negligent acts. The law also requires that any person claiming these losses have evidence to substantiate those details.
The process can be confusing, but unlike in criminal law, civil law requires victims to prove negligence and loss. This is a high standard, but a South Carolina personal injury lawyer can help you navigate the entire process.
Victims Must Prove Negligence
You can sue a driver who causes a car accident in South Carolina if you can show they were negligent in their actions. Negligence is proven through four separate elements, each of which the victim must demonstrate evidence to substantiate those claims. They include:
- Establish a duty of care: The other party owes you a legal obligation to act in a safe manner. In a car accident, this includes abiding by the rules of the road in a reasonable manner. Every party that gets behind the wheel automatically has a legal responsibility.
- Breach of duty of care: The defendant failed, in some way, to meet the established duty of care standard. They were careless or violated the law intentionally.
- Causation: There is a direct link between the breach of duty and the injury you suffered. For example, the driver ran a red light, and that running of the red light caused them to strike your vehicle. This is important because it shows that your injuries were foreseeable.
- Damages occurred: You suffered recognized losses, which include monetary losses such as medical costs and injury.
To sue someone for a car accident in SC, we must show that their actions resulted in the accident that caused you injuries and document those facts using evidence. That evidence may include witness statements, police reports, and camera footage from the area. With negligence assigned, it is hard for the at-fault party to dispute your right to recovery of your losses.
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Filing an Insurance Claim
Demonstrating fault means that the other party is responsible. Most car accidents do not result in a lawsuit. Instead, they head to the at-fault party’s insurance company for payment of the claim in the form of a settlement. Your claim should include all types of losses you have from the accident, including:
- Medical expenses
- Future medical costs
- Property damage claims
- Loss of wages
- Reduction in earning potential due to ongoing injuries
- Disfigurement
- Pain and suffering
- Mental anguish and emotional trauma
- Loss of quality of life
If you are working with a South Carolina car accident lawyer, they will help you determine the value of each of these losses. That requires demonstrating, with evidence, what your losses are. The insurance company will then negotiate fair compensation with you, or with your attorney.
If you do not agree with the settlement offer or they deny paying your claim, you can then seek legal action in a court of law through a formal lawsuit. Browse our FAQs to learn more.
Meeting the Statute of Limitations
In South Carolina, the statute of limitations for most personal injuries, such as car accidents, is three years. This falls under South Carolina Code of Laws § 15-3-530, which means you must file a lawsuit within that three-year window from the date, or you are barred from seeking legal action against the other party. Insurance companies do not have to pay you after that point.
There are some exceptions to this rule. If the victim is a minor under the age of 18, they have three years from the date they turn 18 to file a lawsuit in most cases. Claims against the government, or any government employee or agency, are much shorter in time, giving you just months to take action.
If you are within the statute of limitations, you can file a lawsuit in court against those responsible, providing your documented evidence of negligence as well as the losses you incurred. Most often, a discovery phase occurs where the insurance company or at-fault party reviews the claims and settles your case. If they still refuse, a judge or jury makes the decision.
Do You Need to File a Lawsuit in a Car Accident in South Carolina?
It is your right to seek a car accident lawsuit when all of the above factors apply to your situation, but that does not mean you should or that you need to do so. Most cases do not go to court but settle out of court through negotiations between you and the insurer. That tends to be the fastest route to getting the most compensation in most cases.
Schedule a Free Consultation to Discuss Your Case With Us
Victims of car accidents deserve fair treatment under the law. You can sue someone for a car accident in South Carolina, but doing so is rarely a first step. If you need to take legal action, set up a time to discuss your case at no cost. At Farmer & Morris Law, PLLC, we work with you to get answers.
