28 Sep How to File for Your South Carolina Injury Lawsuit
How to File for Your South Carolina Injury Lawsuit
Have you sustained an injury from South Carolina? It can be quite scary if you’re not sure you’re on legal grounds in pursuing a lawsuit, but we want you to be well compensated. In South Carolina, their court system can assist you with that, including costs associated with your injury. If you have questions or aren’t sure what to do, keep reading and we’ll help you get there.
File as Soon as You Can
File as soon as possible. This is our most important tip to extend to you because every lawsuit has a time limit that halts any claims after too much time has passed since your injury.
Alongside that, the law can prevent your lawyer from taking anyone to court after too much evidence has disappeared or any witnesses have forgotten specific details. More specifically, you have three years from the moment you sustained the injury to pursue your lawsuit.
If too much time has passed, unfortunately, you will forfeit your rights to sue, as well as any costs you paid for your injury. This applies even if you have a strong case.
Covering the Basics
There are different types of lawsuits that we need to cover. They go as follows:
- Negligence is the most common and is defined as someone causing an accident that results in the injury of another.
- Assault or battery is when someone intentionally causes an accident, unlike negligence when it’s the result of careless behavior.
- Medical malpractice is an injury sustained by the malpractice of a health care provider, such as providing a wrong diagnosis, delays in treatment, or an object is left inside your body during surgery.
- Product liability occurs when a product’s design has a defect that caused injury to you in some way.
- Wrongful death is usually pursued by family members, as a death occurs as a result of an injury.
Although it seems daunting, filing the initial complaint is actually quite brief. In order to file, you simply draft a description of the accident that caused your injury and request compensation because of that accident. It doesn’t need to be overly detailed but actually worded simply. Alongside this complaint, a civil cover sheet should be included as well.
Your complaint is then served, which requires whoever you deem responsible to appear in court.
For your Myrtle Beach injury, simply file your lawsuit at the Horry County Courthouse, which is 1301 Second Ave. Following that, you should then file in small claims court if your lawsuit is less than $7,500. The small claims court is at Magistrate Court in Myrtle Beach at 9630 Scipio Lane.
Any money you request for your injury is called damages, and they fall into two categories:
Economic damages apply to damages such as loss of property, loss of future income, costs to repair or replace property, loss of employment opportunities, etc.
Non-economic can be any damages that compensate you for the stress or any sort of mental (or physical) distress you suffered because of your injury. Some of these include loss of enjoyment for daily life, anxiety or fear, sleeplessness, disfigurement, etc.
Upon serving your lawsuit, you will simply appear and court. It sounds like a scary process but once you file for one lawsuit, you’ve filed for all of them. Just be wary that if you contributed to your injury, you may recover nothing from the lawsuit.
With this information, we hope this gives you the confidence and information you need to file. And if you need to file for another lawsuit in the future, you’ll be much better equipped, whatever it may be.